Exploring Legal Education Abroad For Americans

Studying law in the United States is a unique experience compared to other countries, where students can often begin their legal education immediately after secondary school. In the US, law is considered a professional academic field, and most law schools are part of universities that grant Juris Doctor (J.D.) degrees. While studying law in the US as an international student can open doors to various careers, it is a challenging and intimidating process. For foreign-trained lawyers, practising law in the US can be difficult due to varying state requirements. However, some states like New York and California offer flexible options, and an LLM degree can be a pathway to practising law in the US for foreign attorneys.

Law school requirements for foreign-trained lawyers

In the United States, law is considered a professional academic field, the equivalent of a graduate degree in other countries. Most universities in other countries require only a high school diploma or its equivalent to admit students to their law faculties. However, in the US, law schools are part of public or private universities that grant Juris Doctor (J.D.) degrees. The J.D. program typically lasts three years for full-time students and four years for part-time students.

The eligibility to practice law in the US is determined at the state level, and each state has its own set of requirements for foreign-trained lawyers to be admitted to the state bar. While the requirements vary across states, the most common legal education requirement is a Juris Doctor (J.D.) degree from a law school accredited by the American Bar Association (ABA). Some states, like California, require additional credits to be completed in an LL.M. Program, including instruction in bar-tested subjects. Other states, like Washington, allow foreign lawyers to meet the supplemental legal education requirement with an LL.M. degree from an ABA-approved law school.

Some states allow foreign lawyers to apply for bar admission based on years of law practice and/or a qualifying foreign law degree, typically involving legal education in English common law. However, many states will require the successful completion of a course of study at an ABA-accredited law school. Additionally, foreign-trained lawyers may be required to complete an Online Foreign Evaluation Form and submit supporting documentation, including official transcripts from their law schools.

It is important to note that an LL.M. degree does not guarantee eligibility to sit for state bar exams or practice law in the US. Each state has its own set of bar examinations, and it is crucial to carefully review the specific requirements for each jurisdiction. For example, California requires bar applicants to take and pass the MBE, while Louisiana, as the only civil law jurisdiction in the US, has its own unique set of examinations.

Furthermore, applicants for bar admission must typically demonstrate good moral character and meet the relevant jurisdiction's rules for admission. While no state bar requires US citizenship, foreign lawyers physically present in the US must comply with US immigration laws.

The bar exam

The Uniform Bar Examination (UBE) is a standardized bar examination in the United States, developed and administered by the National Conference of Bar Examiners (NCBE). The UBE is composed of the MBE, MEE, and MPT, and offers portability of scores across state lines. As of 2020, 41 jurisdictions have adopted the UBE, with only Wisconsin, Oregon, and Washington not requiring a bar examination for admission to the bar.

Each jurisdiction in the United States has its own rules for admission to the bar, and these rules are subject to change. Most states require a Juris Doctor (J.D.) degree from a US law school to sit for the bar exam. However, some states, including New York, California, New Hampshire, Alabama, and Virginia, allow foreign law graduates to sit for the bar exam. In these cases, foreign-educated lawyers must first get their law degree reviewed and analyzed by the American Bar Association, which can take up to a year.

To practice law in the United States, internationally educated lawyers must verify minimum legal education requirements, pass the bar examination in the jurisdiction where they will be working, and demonstrate strong moral character and fitness to serve as legal counsel. This typically involves completing a detailed questionnaire addressing the prospective lawyer's background and disclosures regarding criminal activity, substance abuse, or mental illness.

Specialising in a specific type of law

If you are an American who has studied law outside the United States and wants to specialise in a specific type of law, there are a few things you should consider. Firstly, it is important to understand that the practice of law in the United States is regulated by jurisdiction, meaning there are different sets of rules for each state, the District of Columbia, and federal territories. This means that if you want to practice law in a particular state, you will need to pass that state's bar exam. Some states, like New York, California, New Hampshire, Alabama, and Virginia, allow foreign law graduates to sit for the bar exam, but they must first have their law degree reviewed and analysed by the American Bar Association, which can take up to a year.

If you are seeking to specialise in a specific area of law, such as corporate law, environmental law, or tax law, you may want to consider obtaining an LLM (Master of Laws) degree. An LLM allows you to focus on a particular area of law and can provide specialised knowledge and skills in that field. It is a one-year program that can enhance your credentials and make you more attractive to potential employers, particularly if you are coming from a common law country.

Another option to gain specialised knowledge in a specific area of law is to take relevant courses within your Juris Doctor (JD) program. A JD is typically required to sit for the bar exam in most states, and you can choose electives within the program that align with your interests. For example, as a third-year JD student, you may have the option to take courses in international law, immigration law, anti-trust law, or intellectual property law.

It is worth noting that while obtaining an LLM or specialising within a JD program can provide specialised knowledge, it may not be necessary to practice in a specific area of law. In most cases, you will need to pass the bar exam in the state where you wish to practice and demonstrate your understanding of US law. However, some states, like California, allow those who have been admitted to practice law outside the US to sit for their bar exam without completing an LLM. Ultimately, the decision to specialise or not depends on your career goals and the specific requirements of the state where you intend to practice.

Finding employment as a foreign attorney

Understanding the Legal Landscape

Before seeking employment in a foreign country, it is essential to understand the legal system and regulations of that country. This includes knowing the requirements for foreign attorneys to practise law, any necessary visas or permits, and the specific rules regarding attorney-client confidentiality.

Building a Network

Networking is crucial for finding job opportunities. Attend legal events, conferences, and seminars in your target country to meet potential employers and colleagues. Building a strong network can provide insights into the local legal market and increase your chances of learning about job openings.

Gaining Local Experience

Employers often value local experience, so consider gaining experience in the country where you wish to work. This could mean working for a local law firm, a multinational company's legal department, or a non-governmental organisation. Such experience will not only enhance your resume but also help you understand the local legal culture and build valuable connections.

Language Proficiency

Excellent language skills are essential for working in a foreign country. While English is commonly used in international business, proficiency in the local language is crucial for building relationships with colleagues, clients, and prospects. It will also help you navigate cultural nuances and adapt to different business cultures, which is essential for sensitive and effective communication.

Specialisation and Dual Qualification

Consider specialising in a particular area of law that is in demand in your target country. Additionally, becoming a dual-qualified attorney—licensed to practise law in multiple jurisdictions—can open up a wider range of career opportunities. This demonstrates your versatility and adaptability, making you more attractive to potential employers.

Understanding the Hiring Process

When applying for jobs, be prepared for a potentially lengthy hiring process. Learn about the standard timeline for hiring attorneys in your target country, and be ready to provide any necessary documentation, such as references, qualifications, and work samples.

Law school rankings

One of the most well-known rankings is the U.S. News & World Report, which groups the top law schools into the "Top 14," or "T14." These schools have consistently placed within the top 14 spots in the annual rankings. The schools that most frequently appear in the top 14 include:

• Harvard Law School
• Yale Law School
• Stanford Law School
• NYU School of Law
• UC Berkeley School of Law
• Columbia Law School

Other notable rankings include the Academic Ranking of World Universities (ARWU), which ranked all T14 US Law Schools within the world's top 20 law schools in 2021. The QS World University Rankings for Law in 2020 ranked 14 US institutions in the top 50 worldwide. The National Law Journal also ranks the top 50 law schools based on the percentage of juris doctor graduates employed at the nation's largest firms.

It is worth noting that law school rankings are not the only factor to consider when choosing a law school. Visiting campuses, talking to current students and graduates, and considering factors such as location, tuition, school size, and test scores can also help prospective students find the best school for their needs and preferences.

Frequently asked questions