Practicing Law In The Uk As An American

The route to becoming a lawyer in the UK as an American is a complex and situational process. There are different requirements for each of the UK's three jurisdictions: England and Wales, Scotland, and Northern Ireland. To practice in England and Wales, US lawyers must pass a US state bar exam, gain two years of common law practice experience, and complete the Qualified Lawyers Transfer Test. Alternatively, they can apply for the Qualified Lawyers Transfer Scheme (QLTS), which involves two assessments: a Multiple-Choice Test (MCT) and an Objective Structured Clinical Examination (OSCE). To practice in Scotland, US lawyers must apply to requalify as a Scottish solicitor via the Qualified Lawyers Assessment (QLA). To practice in Northern Ireland, US lawyers must meet the benchmarks to become a solicitor, including training and possessing a solicitor's practicing certificate.

Can an American Practice Law in the UK?

Requirements to practice law in England

To practice law in England, you must first decide whether you want to become a barrister or a solicitor, as the paths of these two professions differ and require separate training.

Becoming a barrister in England

To become a barrister in England, qualified foreign lawyers must apply to the Bar Standards Board (BSB) to provide evidence of their legal qualifications. The BSB will then determine whether the applicant is required to take all or part of the Bar Transfer Test, depending on how their legal education and training differ from the matters covered in England. Once the barrister has passed the Bar Transfer Test, they can apply for Authorisation to Practice.

Becoming a solicitor in England

From September 2021, the route to becoming a solicitor in England and Wales changed from the Qualified Lawyers Transfer Scheme (QLTS) to the Solicitors Qualifying Examination (SQE). The SQE is a new system of exams divided into two stages – SQE1 and SQE2 – that all prospective candidates must pass to qualify as a solicitor. SQE1 focuses on testing functioning legal knowledge, while SQE2 focuses on practical legal skills and knowledge. Candidates may take the SQE1 and the written part of the SQE2 at a range of international test centres, but they must sit the SQE2 oral assessments in England and Wales. In addition to passing the SQE exams, candidates must complete two years of Qualifying Work Experience (QWE) and demonstrate that they have the suitable character to work in this field.

Practising in other parts of the UK

It is important to note that the UK does not have a unified judicial system. Scotland and Northern Ireland have their own legal systems and courts, while England and Wales share a jurisdiction system. Therefore, if you wish to practice in the UK, you must decide where you want to be based. For example, to practice in Scotland, an attorney qualified in a foreign jurisdiction must apply to requalify as a Scottish solicitor via the Qualified Lawyers Assessment (QLA). Similarly, to practice in Northern Ireland, attorneys must obtain a practising certificate from the Law Society of Northern Ireland.

Requirements to practice law in Scotland

The UK does not have a unified legal system, so US attorneys wishing to practise law in Scotland must follow a different process than they would for England and Wales. The Solicitors (Scotland) Act 1980 is the guiding document for US lawyers aiming to practise law in Scotland.

To be eligible for admission to the Scottish legal profession, US lawyers must become familiar with the Law Society of Scotland's regulatory framework. This involves meeting specific criteria and completing the necessary steps to gain admission to the Scottish legal profession. The registration and application process for US lawyers seeking to practise in Scotland involves several key steps.

Firstly, US lawyers must apply to requalify as a Scottish solicitor via the Qualified Lawyers Assessment (QLA). This involves filling out an application and paying a fee. After this, they must pass the QLA, which covers 11 subjects. Following this, they must apply to be admitted by the Roll of Solicitors. They will then receive a practising certificate to be able to work as a Scottish solicitor.

To become an advocate (barrister) in Scotland, US lawyers will have to complete the Scottish bar exams and the Diploma in Legal Practice from a university in Scotland. This is a year-long practical course. The final step is 'devilling', a nine-month pupillage.

US lawyers seeking to practise in Scotland may also need to fulfil work experience requirements. This typically involves completing a period of supervised practice in a Scottish law firm or legal organisation. It may be necessary for US lawyers to undertake an additional two-year traineeship or education to ensure they have a solid understanding of Scots law.

Entry requirements vary from university to university, and any prospective student should always check the details on the respective websites or at university open days to ensure they know what the entrance requirements are at each institution. Further details can be found on the UCAS website. Access to the graduate-level LLB (the accelerated LLB) is only available to university graduates. Only an LLB from one of the ten universities accredited by the Law Society of Scotland forms part of the route to qualification as a solicitor.

Requirements to practice law in Northern Ireland

The UK does not have a unified judicial system, so the requirements to practice law vary between England and Wales, Scotland, and Northern Ireland.

To practice law in Northern Ireland, US attorneys need to fill out an application form and pay a fee to the Law Society of Northern Ireland to receive a practising certificate. They need to renew their registration each year that they intend to practice in Northern Ireland.

Additionally, to train as a solicitor in Northern Ireland, you must meet the following requirements:

• Have trained as a solicitor
• Be in possession of a solicitor's practising certificate
• Have your name on the roll, which is a list of all the solicitors of the Court of Judicature in Northern Ireland

The Qualified Lawyers Transfer Scheme (QLTS) previously allowed lawyers from various countries, including the US, to qualify as solicitors in England and Wales. The QLTS consisted of two assessments: the Multiple-Choice Test (MCT) and the Objective Structured Clinical Examination (OSCE). However, this has been phased out since September 2021.

Now, the Solicitor's Qualifying Examination (SQE1 and SQE2) is the route for a foreign-qualified lawyer to become a solicitor in England and Wales. Depending on qualifications and work experience, individuals may be eligible to skip some or all of the SQE exams, and overseas work experience may count towards the two-year requirement.

Requirements to practice law in the US for UK lawyers

The requirements for a UK lawyer to practice law in the US vary from state to state. Some states have adopted the Uniform Bar Exam (UBE), which, once passed, qualifies a lawyer to practice in all UBE states. These include Colorado, Connecticut, Arizona, New York, and Washington, among others. In states without specific requirements for foreign-trained lawyers, they may be required to complete a Juris Doctor (JD) or a Master of Law (LLM) at an American institution.

The New York Board, for instance, welcomes foreign-trained lawyers to directly sit for the bar, provided that they completed their legal education in a system that focuses on the study of common law, as is the case with the UK's LLB program. An Advance Evaluation of Eligibility is conducted by the New York Board of Law Examiners to determine whether a degree is acceptable and transferable.

Alternatively, US law firms hire candidates directly from the UK, although this often requires the firm to sponsor the lawyer's visa and is quite competitive. This route is usually for experienced lawyers with a few years of practice in relevant areas, such as Corporate and Finance Law. Demonstrating knowledge of working with US markets is also essential.

Another option for qualified foreign lawyers who do not wish to sit for the bar is to become a Foreign Legal Consultant.

US law firms hiring UK lawyers

US law firms in the UK often offer higher salaries to match the New York market and provide increased responsibilities and international opportunities. These firms tend to have a ready-made UK client base and an established reputation. However, the process of hiring UK lawyers to work in the US is highly competitive, as it requires the firm to sponsor the lawyer's visa. This option is usually reserved for more experienced lawyers with a few years of experience in a relevant practice area, such as Corporate and Finance Law.

There are roughly 100 US and transatlantic firms with a presence in the UK, with around half offering training contracts. Some of these firms have been in the UK for many years and have become large and significant, such as White & Case and Baker McKenzie. Others have chosen to remain small, like McDermott or Vinson & Elkins, while some are new to the scene, like Locke Lord or Holland & Knight.

US law firms that have recently opened new London offices include Californian tech specialist Wilson Sonsini Goodrich & Rosati, and Goodwin and Fried Frank. Additionally, mergers between US and UK firms have resulted in the creation of transatlantic titans like Womble Bond Dickinson and Bryan Cave Leighton Paisner.

For UK lawyers looking to work for a US firm in the UK, it is important to research the firms to understand their culture, type of work, clients, and training opportunities. For those considering working for a US firm in the US, it is crucial to decide on the state of qualification and understand the specific processes and requirements of that state. Some states, like New York, have adopted the Uniform Bar Exam (UBE), which allows lawyers to practice in multiple jurisdictions. Alternatively, some states, like California, invite fully qualified lawyers from other jurisdictions to sit for their bar examination directly.

Frequently asked questions