Kara Sears
There are several pathways for an American lawyer to practice law in England. The first option is to work for a US or UK law firm in London, practicing US law. The second option is to qualify as an attorney in England. This involves passing the Solicitors Qualifying Examination (SQE) or the Qualified Lawyers Transfer Scheme (QLTS), which will be replaced by the SQE in September 2021. Additionally, to become a solicitor in Scotland, one must secure a certificate of eligibility, pass the Qualified Lawyers Assessment (QLA), and apply to be admitted to the Roll of Solicitors. It is important to note that the process of transitioning from practicing law in the US to England varies depending on the specific jurisdiction and type of law one wishes to practice.
Can an American Lawyer Practice Law in England?
| Characteristics | Values |
|---|---|
| Can an American lawyer practice law in England? | Yes, there are a few ways to do this. |
| First option | US and UK law firms hire US-trained lawyers to work in their London offices. These lawyers are effectively practicing US law but are based in London. |
| Requirements for the first option | Getting hired for a London office and then passing a US bar exam (usually in NY). |
| Second option | Qualify as an attorney in England. |
| Requirements for the second option | Pass the Solicitor's Qualifying Examination (SQE1 and SQE2) or the Qualified Lawyers Transfer Scheme (QLTS). |
| Third option | If you have an academic appointment as a teacher of law in England, you can automatically get called to the bar and skip all the above. |
| Requirements to become a solicitor in Scotland | Secure a certificate of eligibility, pass the Qualified Lawyers Assessment (QLA), apply to be admitted by the Roll of Solicitors, and receive a practicing certificate. |
| Requirements to become an advocate (barrister) in Scotland | Complete the Scottish bar exams and the Diploma in Legal Practice from a university in Scotland, then complete a nine-month pupillage. |
| Requirements to become a solicitor in Northern Ireland | Must have trained as a solicitor, be in possession of a solicitor's practicing certificate, and have their name on the roll. |
What You'll Learn
- US lawyers can work for US or UK firms in London without requalifying
- US lawyers can qualify as English solicitors by taking the SQE exam
- US lawyers can qualify as Scottish solicitors by taking the QLA exam
- US lawyers can qualify as Northern Irish solicitors by meeting certain benchmarks
- US lawyers can work in the US for a UK firm, but it's a competitive process
US lawyers can work for US or UK firms in London without requalifying
Many US-trained lawyers working in London choose to qualify as English lawyers, even if they do not plan to practise English law. This is because it is far easier to complete the Qualified Lawyers Transfer Test than a US bar exam. To qualify as a solicitor in the UK, a US lawyer must pass a US state bar exam and gain two years of common law practice experience. They can then complete the Qualified Lawyers Transfer Test. Most firms will waive the two-year traineeship at their solicitors' firm before becoming fully qualified if the lawyer has qualified from abroad after two years of experience.
In England, there are two separate routes to legal practice. Solicitors work directly with clients and do a range of corporate transactions and preparation for litigation. Barristers are then hired by solicitors to provide legal opinions or argue cases in court.
US lawyers who want to work in other parts of the UK, such as Scotland or Northern Ireland, will have to requalify.
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US lawyers can qualify as English solicitors by taking the SQE exam
US lawyers can practice law in England by taking the Solicitors Qualifying Examination (SQE). The SQE is a two-part exam consisting of the SQE1 and SQE2, which replaced the Qualified Lawyers Transfer Scheme (QLTS) in September 2021. The SQE1 focuses on functioning legal knowledge, while the SQE2 focuses on practical legal skills and knowledge and includes oral and written assessments.
To be eligible to take the SQE, US lawyers must hold a professional qualification in US jurisdiction. They may also need to demonstrate their English or Welsh language competence, especially if they are exempt from the oral part of the SQE2. Additionally, they must satisfy the character and suitability requirements set out by the Solicitors Regulation Authority (SRA), which include criminal record checks.
The total fee for the SQE is £3,908, with the SQE1 costing £1,558 and the SQE2 costing £2,422. It is worth noting that US lawyers who wish to practice in Scotland or Northern Ireland will have to follow a different process, which may include taking the Qualified Lawyers Assessment (QLA).
Preparing for the SQE can be done through prep courses such as the BARBRI SQE Prep course, which provides mock questions and targeted content to help candidates revise efficiently. Overall, by taking the SQE exam, US lawyers can qualify as English solicitors and expand their legal careers beyond their home jurisdiction.
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US lawyers can qualify as Scottish solicitors by taking the QLA exam
US lawyers can practise law in England in a few different ways. One way is to work for a US or UK law firm in their London office, practising US law. This requires passing a US bar exam, usually in New York.
Another way is to qualify as an attorney in England. To practise law in England and Wales, US lawyers previously had to pass the Qualified Lawyers Transfer Scheme (QLTS), which was replaced by the Solicitors Qualifying Examination (SQE) in September 2021. The SQE is a two-part exam that covers legal knowledge and skills. To sit for the SQE, US lawyers must hold a professional qualification in US jurisdiction and meet certain education and experience requirements.
To practise law in Scotland, US lawyers must apply to requalify as Scottish solicitors by taking the Qualified Lawyers Assessment (QLA) exam. The process involves several steps:
- Obtaining a Certificate of Eligibility: US lawyers must apply for and obtain a Certificate of Eligibility from the Law Society of Scotland, certifying that they are fit and proper to sit for the QLA exam. The application process includes submitting a Certificate of Good Standing from their home Bar Association and may include applying for exam exemptions based on past study or qualifications. It is recommended to apply for the certificate four months before the intended QLA exam date.
- Taking the QLA exam: The QLA exam covers 11 subjects and can be taken remotely or in person. Candidates can choose the order in which they take the exams and must undertake their own personal study using the syllabus, reading list, and past papers. There are two exam diets per year, in May and November, and the enrolment fee is £115 per exam.
- Applying for admission to the Roll of Solicitors: After passing the QLA exam, US lawyers must apply for admission to the Roll of Solicitors within five years. The Law Society of Scotland will provide the necessary admission paperwork.
- Obtaining a Practising Certificate: Once admitted to the Roll of Solicitors, US lawyers will receive information on obtaining a Practising Certificate, which allows them to practise as Scottish solicitors.
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US lawyers can qualify as Northern Irish solicitors by meeting certain benchmarks
US lawyers can practise law in the UK, including Northern Ireland, by meeting certain requirements. Northern Ireland has a separate legal system from England and Wales, and Scotland, and has its own unique characteristics.
US lawyers can qualify as Northern Irish solicitors by meeting the following benchmarks:
Firstly, they must have trained as a solicitor, which involves passing a US state bar exam and gaining two years of common law practice experience. Secondly, they need to obtain a practising certificate from the Law Society of Northern Ireland by filling out an application form and paying a fee. This certificate needs to be renewed annually. Finally, they must have their name added to the Roll of Solicitors in Northern Ireland.
It is important to note that Northern Irish and Republic of Ireland solicitors are exempt from sitting the SQE (Solicitor's Qualifying Examination) assessments and qualifying work experience requirements. Instead, they can create a mySRA account and declare their qualified lawyer status, providing relevant documentation as proof.
US lawyers can also work for US or UK law firms in their London offices, practising US law, usually NY law. These lawyers would need to pass a US bar exam, typically the NY bar, and get hired by the London office. This option allows them to work in London while practising US law.
Additionally, US lawyers can qualify as solicitors in England and Wales by taking the SQE, which consists of two parts: SQE1 focusing on legal knowledge and SQE2 on practical skills. Alternatively, until September 2021, they could take the Qualified Lawyers Transfer Scheme (QLTS), which included a Multiple-Choice Test (MCT) and an Objective Structured Clinical Examination (OSCE).
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US lawyers can work in the US for a UK firm, but it's a competitive process
US lawyers can work in the US for a UK-based firm, but the process is highly competitive. UK law firms hire US-trained lawyers to work in their London offices, where they practice US law, usually New York law. These lawyers are required to pass a US bar exam, typically the New York bar.
To practice English law, US lawyers must qualify as an attorney in England. This involves passing the Solicitors Qualifying Examination (SQE), which consists of two parts: SQE1, which focuses on functioning legal knowledge, and SQE2, which focuses on practical legal skills and knowledge. The total fee for the SQE is £3,908.
Alternatively, US lawyers can work for a UK firm in the US. This option is generally for more experienced lawyers with a few years of experience in a relevant practice area, such as Corporate and Finance law. It is necessary to demonstrate experience and knowledge of working with US markets to be considered. Additionally, the hiring firm must sponsor the lawyer's visa to work in the US, adding to the competitiveness of the process.
The process of transitioning from practising law in the UK to the US is dependent on the specific state's requirements for foreign-trained lawyers. Some states, like California, invite qualified foreign lawyers to sit for their bar examinations directly. Other states, like New York, have adopted the Uniform Bar Exam (UBE), which allows lawyers to practice in multiple jurisdictions. To determine eligibility, the New York Board of Law Examiners performs an Advance Evaluation of Eligibility to assess the transferability of a foreign degree.
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Frequently asked questions
Yes, American lawyers can work for US or UK law firms in their London offices. The work is usually related to securities and project finance and is practiced under US law.
To practice English law, an American lawyer must first pass a US state bar exam and gain two years of common law practice experience. They can then complete the Qualified Lawyers Transfer Test or the Solicitors Qualifying Examination (SQE) to practice in England and Wales. To practice in Scotland, an attorney must apply to requalify as a Scottish solicitor via the Qualified Lawyers Assessment (QLA).
The SQE is a two-part exam that tests different aspects of legal knowledge. SQE1 focuses on functioning legal knowledge, while SQE2 focuses on practical legal skills and knowledge. The total fee for the SQE is £3,908.
American lawyers can benefit from a higher salary in England compared to the US. Additionally, the transition is easier due to similarities between the US and English legal systems, which are both based on common law.
