Cecily Zamora
Practicing law in a foreign country is a possibility for lawyers, as demonstrated by the presence of American lawyers in international UN tribunals in Africa, the Netherlands, and Cambodia. However, it is important to note that each country has its own licensing requirements, which may involve additional exams and qualifications. For example, to practice law in the United States, lawyers must pass at least one jurisdiction's admission requirements, including the Uniform Bar Examination (UBE) in 41 states, while some jurisdictions prioritize hiring lawyers native to the country they are operating in. The process of relocating one's legal practice overseas can be challenging and risky, but it can also lead to greater opportunities and career advancement, as seen with the growth of American law firms overseas and the demand for American-trained attorneys in certain regions.
Characteristics of Practicing Law in a Different Country
| Characteristics | Values |
|---|---|
| Demand for American-trained attorneys | High in Hong Kong and London |
| Law firms with overseas offices | Cleary, Gottleib, Steen & Hamilton; White & Case; Davis Polk; Sullivan & Cromwell; Sherman & Sterling |
| International tribunals with American lawyers | The Netherlands, Africa, and Cambodia |
| Ease of transition | Depends on the country; may require additional exams, licensing, or degrees |
| Jurisdictional requirements in the US | Pass at least one jurisdiction's admission requirements; 41 states require the Uniform Bar Examination (UBE) |
| Additional requirements in the US | Demonstrate good moral character; pass examinations testing legal knowledge and problem-solving abilities |
| Education requirements in the US | Juris Doctor (JD) degree from an ABA-accredited law school; some states accept a qualifying foreign law degree |
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What You'll Learn
International demand for American attorneys
There is a growing international demand for American attorneys, with London and Hong Kong being the most popular destinations. This is due to the presence of leading international financial centres in these cities, as well as the opening up of China, which has created more opportunities for US attorneys with specialized skills and knowledge.
American attorneys with experience in international transactions are highly sought after by firms in these cities, as they are in short supply. Additionally, attorneys with strong familiarity with intellectual property transactional matters are also of interest to London firms. The involvement of American lawyers in cross-border capital markets and M&A work for large international corporations is often greater than that of local lawyers. This is reflected in the fact that more than 30% of Sherman & Sterling's attorneys are currently practising in its overseas offices, with most of the attorneys in Asia being American.
However, it is important to note that the demand for certain types of American attorneys is lower. For example, litigators and real estate attorneys are generally not in demand, except for those with experience in securitization, secured lending, and real estate finance. London firms also have little interest in American labour and employment attorneys, as well as patent prosecutors, as most patent work in the UK is done by patent agents.
While relocating overseas as an attorney can be a difficult and risky decision, it can also provide opportunities for career advancement and exposure to different legal systems and cultures. American attorneys interested in moving abroad should research the specific licensing requirements of their desired country, as these may vary.
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International tribunals
The Permanent Court of International Justice, established in 1920, was the first permanent international tribunal with general jurisdiction. It was later replaced by the International Court of Justice (ICJ), which was established in 1945 by the UN Charter. The ICJ settles disputes submitted by member states in accordance with international law.
The International Tribunal for the Law of the Sea (ITLOS) is an independent judicial body that deals with disputes arising from the interpretation and application of the UN Convention on the Law of the Sea. It shares the Peace Palace with the ICJ in The Hague, Netherlands.
The UN has also established ad hoc criminal tribunals to deal with specific issues, such as the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). These tribunals address serious international crimes, including genocide, war crimes, and crimes against humanity.
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Country-specific licensing requirements
United States
In the United States, the legal profession is regulated by jurisdiction, meaning there are different sets of rules for each state, the District of Columbia, and federal territories. To practice law in a particular state, one must typically obtain admission to that state's bar. Some states may require a Juris Doctor (J.D.) degree from an American Bar Association (ABA)-accredited law school, while others may allow admission based on years of law practice and/or a qualifying foreign law degree. Additionally, character and fitness questionnaires may be required to demonstrate good moral character.
United Kingdom
To practice law in England, Wales, or Scotland as a foreign lawyer, one may need to become a Barrister or Solicitor. While specific requirements may vary, some sources suggest that foreign lawyers can become licensed and practice in certain jurisdictions, such as England and Wales, if they obtain sponsorship.
Ireland
Transferring a law profession to Ireland from another country may be challenging. Foreign lawyers may need to obtain an LLM to sit for the Irish bar or complete additional degrees. Conversion courses or private study may be necessary, especially for subjects like Irish property law, which can be significantly different from other jurisdictions.
Singapore
Singapore has specific requirements for foreign lawyers wishing to practice law in the country. The Legal Services Regulatory Authority (LSRA) oversees the licensing and regulation of law practice entities. Foreign Law Practices (FLPs) can offer legal services in foreign and international law but require additional licenses, such as a Qualifying Foreign Law Practice (QFLP) license or a Joint Law Venture (JLV) with a Singapore Law Practice (SLP), to practice Singapore law. Singapore also has educational requirements, only recognizing law degrees from a handful of designated universities for admission to practice law in the country.
European Union
Within the European Union, the ability to practice law in different jurisdictions may depend on nationality. EU nationals can generally practice law in any EU jurisdiction with some level of supervision or collaboration. However, for non-EU nationals, it may be more difficult to obtain a license to practice law within the EU.
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Internationally-educated lawyers qualifying for the US Bar Exam
Internationally-educated lawyers can qualify to take the Bar Exam and practice law in the United States. Each state in the US, except Wisconsin, requires bar applicants to pass the Multistate Professional Responsibility Examination (MPRE), a legal ethics test. While no state bar requires a foreign lawyer to be a US citizen, they must comply with US immigration laws if they are physically present in the country. Additionally, applicants must demonstrate good moral character by completing a detailed questionnaire about their background and disclosing any issues related to criminal activity, substance abuse, or mental illness.
To prepare for the Bar Exam, foreign lawyers should carefully review the criteria, pay the registration fees, and complete the character and fitness questionnaire. They should also consider completing a degree, such as a J.D. or LL.M., from an ABA-accredited law school, and supplementing it with a commercial bar preparation course specific to the bar examination they plan to take. The University of Dayton School of Law, for example, offers an online LL.M. program that aligns with the requirements of the California and Washington State Bar examinations.
In terms of eligibility, foreign-trained attorneys with a three-year on-site undergraduate law degree from common law countries may be eligible to take the New York Bar Exam without additional coursework. Those from civil law jurisdictions or common law countries that do not meet educational requirements may need to complete an LL.M. program at a US ABA-accredited law school. Similarly, the State Bar of California accepts attorneys educated abroad, and while citizenship is not required, additional paperwork may be necessary.
It is important to note that each jurisdiction has its own criteria for the bar exam, and foreign lawyers should carefully review the requirements for their desired state. Additionally, some states, like California, may offer a shortcut in the application process for those with a foreign law license. However, they may still need to fulfill other requirements, such as completing an LL.M. with a minimum number of credits and taking a Professional Responsibility class.
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American law firms expanding overseas
There are several factors to consider when it comes to American law firms expanding overseas. Firstly, the demand for American attorneys in certain countries, such as London and Hong Kong, has been driven by the increasing privatization and opening of capital markets in Europe. This has resulted in foreign companies seeking capital in ways that require familiarity with the American legal system. As a result, American law firms with offices in these cities have experienced success and expansion. Additionally, native English firms in London have also been hiring American talent, contributing to the growth of American attorneys in these regions.
Another factor is the international expansion strategies employed by American law firms. Some firms, such as White & Case, prioritize hiring native attorneys in the countries they operate in, allowing them to practice local law. In contrast, firms like Davis Polk and Sullivan & Cromwell focus on cross-border capital markets and M&A work for large international corporations, leveraging the expertise of American lawyers in these transactions. This varied approach to expansion allows American law firms to cater to the specific needs of their clients and the local markets in which they operate.
Cultural differences and adaptability are also crucial considerations. Operating in a foreign market provides American attorneys with experiential learning and a broader perspective, enhancing their ability to approach clients creatively. However, expanding into a new geography comes with challenges, including understanding local customs, business, financial, and tax hurdles, and attracting clients and talent in the new marketplace. Careful planning and guidance are essential to navigate these complexities and ensure the expansion aligns with the firm's objectives.
Lastly, the presence of American law firms overseas provides opportunities for attorneys seeking international careers. Attorneys practicing in foreign offices of American law firms may gain greater access to management and partnership opportunities. However, relocating overseas is a significant decision that comes with risks and uncertainties. Understanding the licensing requirements and potential tax implications, such as the foreign earned income exclusion for American citizens working abroad, is essential for a successful transition.
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Frequently asked questions
Yes, it is possible to practice law in a different country. However, you will likely need to meet the licensing requirements of that country, which may include taking additional exams and/or obtaining another degree. Some countries may have mutual recognition agreements that make it easier for lawyers from certain countries to practice, such as within the EU.
There is a demand for American-trained attorneys in several countries, including Hong Kong and London. American lawyers can also work for American law firms that have foreign offices, such as Cleary, White & Case, and Davis Polk. Alternatively, they can seek positions with international organisations such as the UN, which has international tribunals with American lawyers in Africa, the Netherlands, and Cambodia.
The requirements to practice law in the US for a foreign-trained lawyer vary by jurisdiction, as the legal profession in the US is regulated at the state level. Most states require a Juris Doctor (JD) degree from an ABA-accredited law school and passing the bar exam. Some states may also require demonstrating good moral character and may have specific requirements for foreign lawyers, such as years of law practice and/or a qualifying foreign law degree.
Practicing law in a different country can offer new career opportunities, exposure to different legal systems, and the chance to work with international clients. It can also provide greater access to management within a firm, as attorneys in foreign offices may have more direct contact with decision-makers.
One of the main challenges of practicing law in a different country is navigating the licensing and regulatory requirements, which can be time-consuming and costly. Cultural and language barriers may also pose challenges, both in understanding the legal system and in working with clients and colleagues. Additionally, relocating to a new country can be a significant personal adjustment.
