Gavin Howe
If you have a South African law degree and want to practice law in another country, you may need to take additional steps for your degree to be recognized. The requirements vary depending on the country and sometimes the state or territory in which you wish to practice. For example, in the United Kingdom, South African law degrees are generally not recognized, and you may need to re-apply for your qualifications. In Canada, you must arrange for your degree to be recognized by the Canadian government and the Canadian Law Society. In Australia, your degree must be evaluated by an official in the state or territory where you wish to practice. In the United States, New York is known for being more lenient with admission requirements, permitting individuals with common law degrees to take the bar without completing additional courses. However, other states, like California, require a minimum number of years of practice as an attorney.
Using a South African Law Degree Overseas
| Characteristics | Values |
|---|---|
| Australia | Degrees must be evaluated by the Legal Practitioner Admission Board, Queensland. Citizenship or permanent residency required. |
| Canada | Recognition by the Canadian government is required. Degree verification and submission to the Canadian Law Society are necessary steps. |
| United Kingdom | South African law degrees are considered unlikely to be recognized as valuable qualifications. |
| United States | New York permits individuals with common law degrees to take the bar without additional US courses. California requires a minimum of 5 years of practice as an attorney. |
| Portugal | International lawyers can practice under Portuguese jurisdiction or in public international law. |
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What You'll Learn
Practising law in Canada with a South African degree
To practice law in Canada with a South African degree, there are several steps and requirements that must be met. Here is a guide to help you navigate the process:
Get Your Degree Recognized by the Canadian Government
Firstly, you need to ensure that your South African law degree is recognized by the Canadian government. This involves getting your degree, knowledge, and experience evaluated and accepted by the National Committee on Accreditation (NCA). The NCA has created a re-certification process specifically for internationally trained lawyers, allowing them to prepare for the Canadian Bar Exam. You can apply for the NCA assessment at any time, regardless of your citizenship or residency status. The assessment costs CAN$450, plus applicable taxes.
Complete Any Additional Course Requirements
Once you have received your NCA assessment, you may need to take additional courses at a Canadian law school to meet the equivalency requirements. This is because the legal system and practices can vary between countries, and it is important for lawyers in Canada to have a comprehensive understanding of Canadian law and its application.
Register for the NCA Examinations
After addressing any course deficiencies, you can register for the NCA examinations. These exams are open-book, paper-and-pen, pass-or-fail, and typically last around three hours. It is the candidate's responsibility to prepare for these exams, including finding study materials or registering for preparation courses if desired.
Obtain a Certificate of Qualification
Upon successfully meeting all the NCA requirements, you may request a Certificate of Qualification. This certificate is a crucial step towards entering the Bar admission process and practicing law in Canada.
Complete the Bar Admissions Process
The final step is to complete the Bar admissions process, which typically includes additional examinations and practical experience requirements, known as "articling." The specific requirements may vary depending on the province in which you intend to practice, so it is essential to review the regulations for your desired province.
Please note that the process of becoming a lawyer in Canada can be time-consuming and costly, and there may be additional steps or requirements not mentioned here. It is always advisable to consult official government sources and seek guidance from relevant legal organizations in Canada to ensure you have the most up-to-date and accurate information.
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Requirements for practising law in Australia
If you are a foreign-qualified lawyer looking to practise law in Australia, you must meet several requirements. First, you must obtain a practising certificate. The process for securing one involves an assessment by the relevant Australian state or territory's law admission board. This board will determine whether your qualifications are substantially equivalent to those required of local applicants and set out any additional studies you must undertake. The specific steps and academic requirements will vary depending on your country of certification, qualifications, and professional legal experience.
To initiate the process, you should apply to the admitting authority in the jurisdiction in which you wish to practise. In Australia, each state and territory has its own laws and jurisdiction, so there is no single board for the entire country. The admitting authority will assess your academic and practical legal training qualifications and determine what additional steps are necessary for you to become eligible for admission to the Australian legal profession.
Once you have obtained your practising certificate, you can practise law in the state or territory that granted it. If you wish to practise in another Australian state or territory, you do not need to apply for an additional practising certificate. However, you must ensure that you comply with the statutory conditions for maintaining your practising certificate, including maintaining professional indemnity insurance and undertaking continuing professional development.
It is important to note that an Australian-registered foreign lawyer is not entitled to practise Australian law but may employ Australian legal practitioners. Additionally, during the first 18 months to two years of post-admission legal practice, you may only engage in legal practice under supervision. If you plan to work in Australia, you should also be aware of the visa requirements and refer to the Department of Home Affairs website for more information.
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Practising law in the UK with a South African degree
South African law graduates, qualified attorneys, and advocates can qualify as Solicitors of England and Wales by passing the Solicitors Qualifying Exam (SQE). The SQE is a new system of exams introduced in September 2021, divided into two stages – SQE1 and SQE2. Prospective candidates must pass both stages and complete two years of Qualifying Work Experience (QWE). They must also demonstrate their suitability for the field by meeting the SRA's character and suitability requirements.
The SQE route removes one of the four steps required for qualification via the legacy QLTS route. The QLTS is a conversion test that enables lawyers qualified in certain countries outside of England and Wales, including South Africa, to qualify as solicitors. Before entering the QLTS, candidates must obtain a Certificate of Eligibility from the Law Society of England and Wales, which confirms which Heads of the test they must pass and any further training requirements.
The SQE differs from the LPC in that it is a series of exams rather than a course, and does not involve any direct education or training. Law conversion course options will be launched alongside the Graduate Diploma in Law (GDL) to help students prepare for the SQE.
The fact that South African law has facets of English common law means that South African law graduates will already have a solid foundation for studying the SQE. Having a dual qualification boosts employability and allows lawyers to stand out in the market for overseas-qualified lawyers in the UK.
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New York Bar eligibility with a South African LLB
New York is one of the most open states in the US when it comes to eligibility requirements for the bar exam. Unlike most other states, New York does not require applicants to have completed a JD at an ABA-approved law school. Instead, the state permits individuals with common law degrees to take the bar without taking any courses in the US.
To be eligible to take the New York bar exam, applicants must fulfil the educational requirements for admission to the practice of law in a foreign country other than the United States. This means that a South African LLB degree meets the eligibility requirements for the New York State bar examination. Notably, LLB degrees obtained from WITS (University of the Witwatersrand) allow a person to write the New York Bar exam without any problems. However, there have been conflicting reports of individuals with LLB degrees from other universities in South Africa being required to complete additional US law courses before being eligible to take the New York bar exam.
It is important to note that completion of a South African LLB degree alone may not be sufficient for admission to the New York State bar. Additional requirements, such as character and fitness assessments, must also be fulfilled. Furthermore, while a South African LLB degree may provide eligibility to take the bar exam, it does not guarantee admission to the New York State bar. Passing the bar exam is a separate and challenging endeavour that requires significant preparation and study.
In conclusion, a South African LLB degree can provide a pathway to New York Bar eligibility. However, it is essential to carefully review the specific requirements and eligibility criteria outlined by the New York State Board of Law Examiners, as there may be additional steps or conditions that must be met beyond the scope of this response.
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Portuguese eligibility with a South African law degree
If you are a South African citizen with a law degree and wish to practise law in Portugal, there are a few things to consider. Firstly, it is important to understand the legal system in Portugal and how it differs from South Africa. Portugal follows a civil law system, primarily based on the Continental European civil law model, while South Africa's legal system is based on Roman Dutch law and English common law. Therefore, you would need to familiarise yourself with the Portuguese legal system and potentially undertake additional studies or qualifications to meet the academic requirements for practising law in Portugal.
To work as a lawyer in Portugal, you would typically need to obtain a Portuguese legal qualification and be admitted to the Portuguese Bar Association (Ordem dos Advogados). The specific requirements for admission may vary, and it is advisable to contact the Portuguese Bar Association directly for detailed information. In some cases, you may be required to complete additional exams or courses to bridge any gaps in your legal knowledge and ensure you meet the necessary standards.
Additionally, language proficiency is an important factor. While English-speaking lawyers can work in Portugal, particularly in international law or public international law, proficiency in Portuguese may be required for certain positions or specialisations. It is worth noting that several universities in Portugal require that your documents be converted to suit the Portuguese standard. Postgraduate studies are often taught in English, but proficiency tests like IELTS or TOEFL may be required for non-native English speakers.
If you are planning to pursue further studies in Portugal, you will need to apply for a Portuguese Student Visa. The processing time for this visa can vary from several weeks to three months, and the validity is typically one year, renewable for up to five years as long as you continue to meet the eligibility requirements. To obtain this visa, you must demonstrate that you can financially support yourself and any family members who may accompany you to Portugal.
It is worth noting that South African law degrees are recognised internationally, and South African lawyers can practise law in various jurisdictions, including the United States, the United Kingdom, and Mauritius, each with its own specific requirements and eligibility criteria. However, practising law in certain countries, such as Canada, may involve a highly regulated process with specific requirements for each province or territory.
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Frequently asked questions
Yes, but you must first have your degree evaluated by an official in a state or territory of Australia. These assessments are carried out by the Legal Practitioner Admission Board, Queensland, as part of its professional standards.
Yes, but you must first have your degree recognized by the Canadian government. To do this, your South African law school will need to verify your degree, after which you must submit it to the Canadian Law Society.
It is unlikely, as your qualifications are not recognized in the UK and are considered worthless.
It depends on the state. New York, for example, permits individuals with common law degrees to take the bar without taking any courses in the US. However, California requires a minimum of 5 years of practice as an attorney.
