Practicing Law In Canada: Can American Lawyers Do It?

If you're an American lawyer considering relocating to Canada, you may be wondering if you can continue practising law there. The answer is yes, but there are several steps and requirements you need to be aware of. Firstly, you'll need to obtain a Certificate of Qualification from the National Committee on Accreditation (NCA), which assesses your education and training to ensure they're equivalent to those of Canadian law school graduates. Then, you must complete the specific bar admission requirements for the province in which you plan to practise, which may include licensing exams and experiential training. The entire process can be lengthy and costly, and you'll also need to navigate immigration options if you're not already a Canadian permanent resident or citizen.

Obtaining a license to practice law in Canada

To obtain a license to practice law in Canada, US-trained lawyers must go through a specific process. Here is a step-by-step guide:

Step 1: Obtain a Certificate of Qualification

Firstly, you must apply for a Certificate of Qualification from the National Committee on Accreditation (NCA). This certificate confirms that your education and training are equivalent to that of graduates from an approved Canadian law school. The NCA will assess your individual qualifications and advise you on the steps needed to obtain the certificate. You may be required to complete additional exams or courses.

Step 2: Complete Bar Admission Requirements

Once you have obtained your Certificate of Qualification, you must then complete the bar admission requirements for the specific province in which you wish to practice. Each province in Canada has its own law society with its own licensing process. For example, in Ontario, you must complete the licensing process of the Law Society of Upper Canada (LSUC), which includes writing the barrister and solicitor licensing exams and attending a Skills and Professional Responsibility program.

Step 3: Secure an Articling Position

In addition to the licensing exams, most provinces in Canada require experiential training before granting a license to practice law. This can be fulfilled by securing an articulating position, which is a form of internship with a law firm or lawyer. The duration of the articling process varies, but it is typically between 10 and 12 months. Some provinces may waive this requirement if you have sufficient prior legal experience.

Step 4: Meet Citizenship and Residency Requirements

To be called to the bar in Canada, there are citizenship and residency requirements that must be met. You must have landed immigrant papers or apply for them based on your relationship and training. Canadians, permanent residents, protected persons, and those with valid work permits are typically eligible to meet these requirements.

Step 5: Pass the Bar Exam

Finally, you must pass the bar exam for the province in which you intend to practice. Each province has its own bar exam, and you must pass this exam to become a licensed lawyer in that specific province.

Getting a work permit or permanent residency

To practice law in Canada as a US-trained lawyer, you must obtain a Certificate of Qualification from the National Committee on Accreditation (NCA). This certificate confirms that your education and training are equivalent to those of graduates from approved Canadian law schools. The NCA will assess your application and advise you on the steps needed to obtain the certificate. You may be required to take challenge exams or complete courses at a Canadian law school.

Once you have obtained your Certificate of Qualification, you must complete the bar admission requirements for the province in which you plan to practice. For example, in Ontario, you must complete the licensing process of the Law Society of Upper Canada (LSUC), which includes writing the barrister and solicitor licensing exams and attending a Skills and Professional Responsibility program.

If you are not a Canadian permanent resident or citizen, you will need to explore immigration options. You may be eligible for a work permit or permanent residency through programs such as Canada's Express Entry program, which is designed for skilled immigrants.

It is important to note that the process of obtaining a license to practice law in Canada can be challenging and time-consuming. There may be a significant opportunity cost associated with foregoing American legal practice and income during this period. Additionally, employers in Canada may be prejudiced against foreign-trained lawyers, and it may be difficult to find a firm that is willing to offer an articling position to a foreign-trained lawyer.

However, there are a few options for American-trained lawyers, including seeking employment with American law firms that have offices in Toronto and are open to American-trained lawyers. These firms typically focus on capital markets work, such as helping Canadian entities issue debt and equity offerings in the United States. Alternatively, you can consider returning to law school and earning an LLB or participating in the Federation of Law Societies of Canada's self-study program, which can make you eligible to write the bar in most provinces.

Taking the NCA exams

To practice law in Canada as a US-trained lawyer, you must obtain a Certificate of Qualification from the National Committee on Accreditation (NCA). This certificate confirms that your education and training are equivalent to those of graduates from approved Canadian law schools. The NCA will assess your credentials and advise you on the steps needed to obtain the certificate.

The NCA process involves taking exams, known as the NCA Exams, which assess your competence in core common law subjects, including contracts, torts, property law, business organizations, Canadian administrative law, Canadian constitutional law, Canadian criminal law, foundations of Canadian law, and professional responsibility. These exams are a crucial step in obtaining your Certificate of Qualification and subsequently your license to practice law in Canada.

The NCA Exams are comprehensive and designed to ensure that your legal knowledge meets Canadian standards. While the specific format and content of the exams may vary, you can generally expect to demonstrate your understanding of a range of legal principles and their application in the Canadian context.

To prepare for the NCA Exams, you should familiarize yourself with the exam structure, curriculum, and requirements. The NCA provides information on the exam syllabus and eligible candidates. Additionally, consider seeking out study resources and preparatory materials specifically designed for the NCA Exams. These resources can help you understand the exam format, the types of questions asked, and the areas of law covered in the exams.

It is also beneficial to maintain a strong foundation in the core legal subjects tested on the exams. Focus on the key areas mentioned earlier, such as contracts, torts, property law, and Canadian-specific legal topics. Stay updated with any changes or developments in Canadian law, as the exams will likely reflect the most current legal landscape.

Finding an articling position

To practice law in Canada, American lawyers must obtain a Certificate of Qualification from the National Committee on Accreditation (NCA). This certificate confirms that an individual's education and training are equivalent to those of graduates from approved Canadian law schools. Once this certificate is obtained, lawyers must complete the bar admission requirements for the province in which they wish to practice. For example, in Ontario, this includes writing the barrister licensing exam and the solicitor licensing exam, as well as attending a Skills and Professional Responsibility program.

To find an articling position in Canada as an American lawyer, several steps can be taken. Firstly, it is important to note that mentorship can play a crucial role in securing a position. Mentorship programs, such as the one offered by the Calgary Regional Immigrant Employment Council (CRIEC), can provide internationally trained lawyers with valuable resources and support. Volunteering at organizations like local Pro Bono Law clinics or the Elizabeth Fry Society can also help to gain Canadian work experience and develop a network of connections.

Additionally, online platforms like LinkedIn can be leveraged to research firms, practice areas, and connect with other lawyers in one's areas of interest. Speculative applications can also be sent to firms that do not recruit through the OCI process, as they may still be open to hiring articling students.

When applying for articling positions, it is essential to have a strong application and résumé. Work and volunteer-related successes, as well as leadership experiences, should be highlighted. During interviews, it is important to showcase one's personality and ensure that the traits sought by recruiters, such as a good work ethic and academic acumen, shine through.

While it may be challenging, with the right combination of qualifications, networking, and a strong application, American lawyers can find articling positions in Canada and eventually practice law in the country.

Passing the Canadian bar

To practice law in Canada as a US-trained lawyer, you must obtain a Certificate of Qualification from the National Committee on Accreditation (NCA). This certificate confirms that your education and training are equivalent to those of graduates from an approved Canadian law school. The NCA will assess your credentials and advise you on the steps needed to obtain the certificate.

The NCA assessments focus on core common law subjects, and applicants must demonstrate competence in several areas, including contracts, torts, property, business organizations, Canadian administrative law, Canadian constitutional law, Canadian criminal law, foundations of Canadian law, and professional responsibility. Candidates can complete the requirements by writing challenge exams or taking courses at a Canadian law school.

Once you obtain the Certificate of Qualification, you must complete the bar admission requirements for the law society that governs the province in which you plan to practice. Each province has its own program with criteria set and managed for immigrant settlement. In Ontario, for example, you must complete the licensing process of the Law Society of Upper Canada (LSUC) or the Law Society of Ontario, which includes writing the barrister licensing exam and the solicitor licensing exam. You must also satisfy the experiential training component of the Lawyer Licensing Process, such as articling with a law firm for ten months or less or through prior legal experience.

After successfully passing both the barristers and solicitors examinations and completing the necessary experiential training, you can sign the rolls and get called to the bar. This process typically takes about a year and a half and involves significant costs, including a few thousand dollars for the entire process and additional expenses for study materials or a prep tutor.

It is important to note that passing the Canadian bar is just one aspect of establishing yourself as a lawyer in Canada. You must also consider your immigration status and explore options such as obtaining a work permit or permanent residency if you are not already a Canadian permanent resident or citizen.

Frequently asked questions