Anaya Nolan
Foreign-trained lawyers can practice in-house in the United States, but the requirements vary across states. In New York, foreign-trained attorneys can practice in-house if they register with their local Appellate Division. In California, foreign-trained lawyers can take the bar exam without completing additional requirements if they have been admitted to practice law in a jurisdiction outside the US. In Washington, foreign-trained lawyers must obtain an LL.M. degree from a law school approved by the Board of Governors. In Wisconsin, foreign-trained lawyers with LL.M. degrees have been allowed to sit for the bar since 2012. Vermont is the only state that recognizes foreign law degrees with any regularity and has an apprenticeship program in place to help foreign-trained attorneys prepare for the bar exam.
| Characteristics | Values |
|---|---|
| Can I practice in-house with a foreign law degree? | Yes, but requirements vary by state. |
| Requirements to practice in-house with a foreign law degree | In some states, foreign lawyers can practice in-house without a license, but they must comply with visa and immigration requirements. In other states, foreign lawyers must obtain an LL.M. degree (or equivalent) from an ABA-accredited law school. |
| States that allow foreign lawyers to practice in-house without a license | New York, California, Georgia, Washington, Wisconsin, Vermont |
| States that require foreign lawyers to obtain an LL.M. degree from an ABA-accredited law school | Washington, California |
| Other requirements to practice in-house with a foreign law degree | Foreign lawyers must be admitted to practice law in a jurisdiction outside the U.S. or complete an LL.M. degree program that covers four separate subjects tested on the bar exam, including Professional Responsibility. |
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What You'll Learn
Foreign law degrees are recognised in the US
While foreign law degrees are recognised, most states require additional qualifications before a foreign-trained lawyer can sit for the bar exam. The most common legal education requirement is a Juris Doctor (JD) degree from a law school accredited by the American Bar Association (ABA). Some states allow foreign lawyers to apply for bar admission based on years of law practice and/or a qualifying foreign law degree, but most states require additional study at an ABA-accredited law school. For example, in Washington state, foreign lawyers can meet the supplemental legal education requirement with an LLM degree from an ABA-approved law school, including at least 18,200 minutes of instruction and 12,000 minutes on the principles of US domestic law. California has a similar requirement, but demands an additional 20 credits of study in an LLM program, including instruction in bar-tested subjects.
Some states do allow foreign law graduates to sit for the bar exam without a JD degree, including New York, California, New Hampshire, Alabama, and Virginia. However, foreign-trained lawyers must first get their law degree reviewed and analysed by the American Bar Association, which can take up to a year. In New York, foreign-trained lawyers must receive an Advance Evaluation of Eligibility from the Board before sitting the bar exam. This process can take six months to a year or even longer, so it is important to plan ahead and submit all materials at least a year in advance. In California, foreign-trained attorneys who have been admitted to practice law in a jurisdiction outside the US are often eligible to take the bar exam without completing any additional requirements. However, a foreign-trained attorney who has not been admitted to practice outside the US will need to complete an LLM degree program covering four separate subjects that are tested on the California Bar Exam.
In addition to the above, foreign-trained lawyers who have been admitted to practice law in a common law country are often in a position to sit for the bar exam in many states. This is because their legal education and experience are more similar to the US system. For example, degrees from several common law jurisdictions are often deemed substantively equivalent to a US JD: England, Ireland, Australia, Hong Kong, Israel, Nigeria, and New Zealand.
While the process of becoming a licensed lawyer in the US is challenging for foreign-trained lawyers, there are some ways to use a foreign law degree without becoming a fully-admitted state bar member. One common option is to become a foreign legal consultant (FLC). An FLC is a foreign-trained lawyer who has set up a limited practice in the US. Thirty-one states, the District of Columbia, and the US Virgin Islands have foreign legal consultant rules in place. There are also opportunities in some states for temporary transactional work, for pro hac vice admission to the state bar, and for foreign lawyers to serve as in-house counsel.
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Some states allow foreign lawyers to apply for bar admission
The requirements to practice law in the United States vary from state to state. While some states allow foreign lawyers to apply for bar admission, others do not.
In most states, the right to practice law is regulated by the highest court in that state. However, private state bar associations regulate the right to practice law in a few states. To practice in a private law firm, foreign-trained attorneys must obtain a license to practice law in that US state.
Some states, like California, allow foreign lawyers to qualify based on substantial legal practice, especially if their education and experience are grounded in English common law. California also includes attorneys who have been educated abroad and does not require them to be citizens to be licensed attorneys. However, they must fill out some extra paperwork and complete an additional 20 credits of study in an LL.M. Program, including instruction in bar-tested subjects.
Similarly, in Washington state, foreign lawyers can meet the supplemental legal education requirement with an LL.M. degree from an ABA-approved law school. The qualifying LL.M. degree must be 18, 200 minutes and include instruction in principles of domestic U.S. law.
In New York, foreign-trained attorneys may practice in-house or consult on their country's laws if they register with their local Appellate Division. However, lawyers from common law countries may still need to meet additional educational requirements.
To determine eligibility, foreign-trained lawyers must review the admission requirements for the specific jurisdiction they plan to apply to. While many of these requirements are similar, none are identical.
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Foreign-trained lawyers can become foreign legal consultants
Legal Education and Qualifications
To become an FLC, foreign-trained lawyers typically need to obtain a law degree from a recognized institution in their home jurisdiction. This provides them with the foundational legal knowledge required for their career. After completing their legal education, they must gain practical experience by working as lawyers in their home country, allowing them to develop expertise in a specific area of law.
Additionally, to practice as an FLC in a foreign jurisdiction, individuals must acquire additional qualifications specific to that jurisdiction. This often involves passing the bar exam or equivalent assessments in the country or state where they intend to practice. For example, in the United States, foreign-trained lawyers can pursue a Juris Doctor (JD) degree or a Master of Laws (LL.M.) degree from an American Bar Association (ABA)-accredited law school. The LL.M. degree must include instruction in principles of domestic U.S. law and meet specific duration requirements.
Language Proficiency and Regulatory Compliance
Proficiency in the language of the foreign jurisdiction is often a prerequisite for becoming an FLC. FLCs need to be able to communicate effectively with clients and navigate the legal system in that language. Additionally, foreign-trained lawyers must comply with the regulatory requirements of the jurisdiction in which they seek to practice. This includes understanding the rules for admission to the bar and any specific licensing or registration requirements.
Career Opportunities
FLCs have diverse career opportunities and can work in various sectors, including law firms, multinational corporations, government agencies, or as independent consultants. The demand for FLCs is expected to increase as the world becomes more interconnected, making it a promising career path for lawyers specializing in international law. FLCs can expect competitive salaries, with experienced professionals earning lucrative packages in certain jurisdictions.
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Foreign lawyers must comply with US immigration laws
Foreign lawyers who wish to practice law in the United States must comply with US immigration laws. While no state bar requires a foreign lawyer to have US citizenship, they must be physically present in the US and comply with the necessary immigration requirements.
Foreign lawyers can immigrate to the US through several paths. The H-1B Visa is a common route used by many industries to hire university-educated professionals, including lawyers. There are also several treaty visas that allow nationals of certain countries to immigrate to the US. For example, Canadians and Mexican lawyers can apply for the TN visa, while Australians can apply for the E-3 visa, which is similar to the H-1B Visa. Singaporean and Chilean nationals can apply for the H-1B1 Visa, and more than 50 countries are eligible for the E-1 and E-2 Visa.
Additionally, foreign lawyers must meet the legal education requirements in the US. The most common requirement is a Juris Doctor (JD) degree from a law school accredited by the American Bar Association (ABA). Some states, such as New York and California, allow foreign lawyers to apply for bar admission based on years of law practice and/or a qualifying foreign law degree. However, most states require an LL.M. degree or its equivalent from an ABA-accredited law school.
To practice law in a private law firm, foreign-trained attorneys must become licensed to practice law in the specific state. While some states may have more flexible requirements, foreign lawyers must generally pass the bar exam in the state where they intend to practice. They should carefully review the jurisdiction's criteria, pay the required fees, and complete any necessary character and fitness questionnaires.
It is important to note that foreign lawyers cannot provide legal services in the US without being admitted to at least one state's bar. Additionally, finding employment as a foreign lawyer in the US can be challenging, especially with government entities that prioritize hiring US citizens.
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Some states require an LLM from a US law school
The requirements to practice law in the United States vary from state to state. While some states allow foreign lawyers to apply for bar admission based on years of law practice and/or a qualifying foreign law degree, others require an LL.M. degree (or equivalent) from an ABA-accredited law school. Obtaining an LL.M. can be a good option for foreign attorneys from countries that practice common law, as it allows them to specialize in a specific type of law.
In total, five states—New York, California, Georgia, Washington, and Wisconsin—allow foreign-trained attorneys to satisfy the educational requirements for bar admission with an LL.M. from a U.S. law school. However, it is important to note that even within these states, there may be additional requirements. For example, in California, a foreign lawyer must complete an additional 20 credits of study in an LL.M. program, including instruction in bar-tested subjects.
The LL.M. degree requirements can sometimes be combined with the necessary coursework to meet the state's bar admission requirements. For example, NYU School of Law offers courses that meet the NY BOLE requirements under section 520.6 of their rules for foreign-trained attorneys. If the NY BOLE deems that a lawyer can "cure" their first degree in law with an LL.M., then these courses can be structured to include the necessary educational components.
While an LL.M. degree can provide a pathway to bar admission in certain states, it is not always sufficient. Foreign-trained attorneys should carefully review the specific requirements of the state in which they wish to practice. This includes considering the duration and substance of their non-US law degree, as well as any additional criteria for taking the bar exam, such as registration fees and character and fitness questionnaires.
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Frequently asked questions
Yes, foreign-trained lawyers can practice in-house in the US. However, the requirements vary across states. For example, in New York, foreign-trained attorneys may practice in-house if they register with their local Appellate Division. In California, a foreign-trained lawyer can take the bar exam without completing any additional requirements, while in Washington, the law school you choose for your LLM degree must be approved by the Board of Governors.
It depends on the state. In most states, the right to practice law is regulated by the highest court in that state. However, some states require foreign lawyers to obtain a license to practice law. For example, in New York, foreign-trained attorneys must become licensed to practice law in that state.
Most jurisdictions require holders of foreign law degrees to have an additional legal degree, such as a Juris Doctor (JD) or Master of Laws (LLM), from an American Bar Association (ABA)-accredited law school in the US. Some states may have additional requirements, such as completing a certain number of credits or instruction in specific subjects.
Yes, foreign-trained lawyers can become foreign legal consultants (FLCs) or register to work in-house. FLCs are foreign-trained lawyers who have set up a limited practice in the US, and there are 31 states, the District of Columbia, and the US Virgin Islands that have FLC rules in place. Additionally, some states offer opportunities for temporary transactional work or pro hac vice admission to the state bar.
Yes, some sources suggest that an LLM degree is considered "handicapped" or "Class B" compared to a JD degree from an educational point of view. However, an LLM degree can still increase employability and allow individuals to specialize in a specific type of law, such as corporate law or environmental law.
