Practicing Law In Australia As An American

There are many things to consider when it comes to practising law in a different country. While Australia and the US share a foundation in common law, their qualification requirements differ. In Australia, there is no bar examination. Instead, a regulating authority approves undergraduate courses of study, and graduates of those programs are entitled to undertake practical training and can then be admitted as lawyers.

Academic and practical requirements

To practice law in Australia, American attorneys must meet certain academic and practical requirements. While Australia and the US share a foundation in common law, their qualification requirements differ significantly. Unlike the US, Australia does not have a bar exam. Instead, a regulating authority approves undergraduate courses of study, and graduates of these programs can then undertake practical training before being admitted as lawyers.

In Australia, an academic qualification (law degree) and practical legal experience are required to be admitted as a solicitor. The specific academic qualifications vary slightly depending on the state in which one intends to practice. Most states will accept a US law degree as a substantial part of the qualification but will likely require additional courses in Australian Constitutional Law and Real Property, as Australia uses the Torrens system instead of deed registration.

To be admitted to practice law in Australia, one must be admitted by the Supreme Court of the relevant State or Territory. A practicing certificate is then required, which necessitates the prerequisite education, experience, and reputation. For those with a previous degree, a three-year law degree is typically needed, while a four-year degree is required for those without a previous degree. The course schedule covers 11 areas of legal-specific information, which an American education may not cover, so bridging the knowledge gap is important. Some US experience may be considered overlapping, but an Australian admitting authority will make the final determination.

Practical training in Australia typically lasts between six months and a year and involves a training course or a clerkship. After completing their education and training, individuals must obtain a practicing certificate, which may initially come with restrictions, such as working under an advisor. Additionally, most firms in Australia require Post Qualification Experience (PQE), which means they expect lawyers to have worked as qualified lawyers in the country for a specified period.

Differences in law systems

While Australia and America share the same foundation in common law and democracy, there are significant differences in their law systems and qualification requirements to practice law.

In the United States, lawyers typically need to pass a bar examination in their respective state to practice law. In contrast, Australia does not have a bar examination. Instead, a regulating authority in Australia approves undergraduate law courses of study, and graduates of those programs are entitled to undertake practical training and can then be admitted as lawyers. To become a lawyer in Australia, an individual must be admitted to practice by the Supreme Court of a specific State or Territory and obtain a practicing certificate. This requires prerequisite education, experience, and a positive reputation. For those without a law degree, a four-year degree is necessary, while those with a previous degree need only a three-year law degree. The course schedule involves 11 areas of legal-specific information, which an American legal education may not cover. However, an admitting authority in Australia may recognize an individual's American degree and experience, reducing the time and effort required to qualify.

The qualification requirements in Australia are unique and differ greatly from those in the United States. In addition to academic qualifications, practical legal experience is necessary for admission as a solicitor in Australia. The specific requirements may vary slightly depending on the state of admission. Most states in Australia will accept a US law degree as a substantial portion of the qualification but will likely require additional courses in Australian Constitutional Law and Real Property, as Australia uses the Torrens system for property registration instead of deed registration.

Another notable difference between the two countries' legal systems is the portability of legal qualifications across jurisdictions. In Australia, once admitted in one state, a lawyer can practice in any other state. Conversely, in the United States, lawyers are typically licensed to practice law only in the state where they have passed the bar exam, and additional steps may be required to practice in another state.

The job market for American attorneys in Australia also presents challenges. It is highly unlikely for an Australian law firm to hire a US lawyer without Australian qualifications. However, American law firms with offices in Australia may be more willing to consider American lawyers without local qualifications. These firms often seek American attorneys with strong academic records, degrees from top American law schools, and solid transactional experience with recognized American law firms. Additionally, most firms in Australia require Post Qualification Experience (PQE), meaning they expect lawyers to have worked as qualified lawyers in Australia for a specified period before considering them for employment.

Demand for American lawyers in Australia

The demand for American lawyers in Australia is driven by the increasing amount of privatisation and the ease of global capital transfer. Many foreign companies are obtaining capital in ways that require familiarity with the American legal system. As a result, foreign law firms are interested in American lawyers with expertise in project finance, M&A, debt/equity, capital markets, and general securities and derivative work.

However, it is challenging for American lawyers to find employment at Australian law firms due to differences in the legal systems. American lawyers may need to take additional courses to bridge the knowledge gap between American and Australian law and obtain a practising certificate.

To work as a lawyer in Australia, an American lawyer must be admitted to practice by the Supreme Court of the state or territory where they intend to work. They will also need to fulfil the prerequisite education, experience, and reputation requirements. Obtaining a practising certificate involves completing practical training in Australia, which typically lasts between six months and one year.

While there is a significant demand for lawyers in Australia, as solicitors and barristers are included in the Skilled Occupations List, it is rare for Australian law firms to hire American lawyers without local qualifications. American law firms with offices in Australia may be more willing to consider American lawyers, but this depends on the type of work performed by the firm.

Overall, the demand for American lawyers in Australia is influenced by the country's economic prosperity and the specific needs of law firms. While there may be opportunities for American lawyers with strong academic records and experience in relevant practice areas, they should carefully research the requirements and challenges of practising law in Australia before making the decision to relocate.

Registration and visa requirements

To become a lawyer in Australia, you must be admitted to practice by the Supreme Court of the state or territory in which you wish to work. Following this, you will need to obtain a practicing certificate. This requires the prerequisite education, experience, and reputation. For those without a law degree, this will require a four-year degree, while those with a law degree from another country will need a three-year degree in law.

The course schedule involves 11 areas of legal-specific information. An American law degree will not cover these areas, so you should apply for an education at a school listed in Studying Law in Australia. An admitting authority in Australia may recognize your American degree and experience, which would save you considerable time and effort. However, you will likely need to take some courses in Australia to bridge the knowledge gap between American and Australian law.

Additionally, you will need to obtain practical training in Australian law. This typically lasts between six months and one year and involves a training course or a clerkship. Some of your experience in the US may be applicable here, but only an Australian admitting authority can determine what qualifies. Once you have completed your education and training, you will need to obtain a practicing certificate. A legal professional will issue these certificates, though they often come with a restricted period where the lawyer will need to work under the supervision of an advisor.

Most firms in Australia require certain years of Post Qualification Experience (PQE) for lateral lawyers, meaning they will expect you to have worked as a qualified lawyer in Australia for a specified period before they will consider hiring you. Thus, even if you have the requisite experience, PQE may limit your chances of obtaining a position in Australia. Native Australian law firms rarely hire US lawyers without Australian qualifications, but US law firms with offices in Australia tend to be more willing to consider non-PQE candidates.

There are no formal barriers to prevent foreign lawyers from providing foreign law legal services on a "fly-in, fly-out" basis, meaning they come to Australia to provide legal services on a temporary basis. In this case, you will need to obtain the appropriate visa to enter Australia and register with the local State or Territory authority as an 'Australian-registered foreign lawyer'. As an Australian-registered foreign lawyer, you are permitted to practice the law of the foreign jurisdictions in which you are qualified, as well as international law, for a maximum period of 90 days in any 12-month period.

Salary expectations

Firstly, it is generally acknowledged that salaries for lawyers in Australia are lower than in the US, especially when comparing large firms in major US markets to those in Australia. The average salary for solicitors in Australia's major cities varies, with Sydney at AU$67,765, Brisbane at AU$61,901, and Melbourne at AU$68,811. The average for all of Australia was AU$64,038 as of April 2019. In contrast, lawyers in their fourth year in the US can expect to earn USD 370,000. Corporate lawyers in Australia, however, have a slightly higher average salary of AU$76,635, and barristers earn even more, with an average of AU$97,645.

Secondly, the type of firm and its location play a role in salary levels. While salaries in rural or smaller community areas in Australia may be closer to those in the US, the standard of living is generally lower in Australia, which can impact overall expectations and financial planning.

Thirdly, the area of practice is a significant factor. The demand for American lawyers in Australia is often driven by the increasing privatization and global capital transfer, which require expertise in project finance, M&A, debt/equity, capital markets, and securities. These areas of specialization can influence salary expectations, with certain specialties commanding higher pay.

Additionally, it is worth noting that the Australian legal system has unique qualification requirements, including practical training and experience. An American lawyer's level of experience and qualifications may impact their salary expectations in Australia.

In conclusion, while salary expectations may be lower in Australia compared to the US, especially for those coming from large US firms, there are still opportunities to earn competitive salaries, especially in certain areas of practice and with the right qualifications and experience. A careful consideration of all these factors will help manage salary expectations for American lawyers planning to practice law in Australia.

Frequently asked questions