Cameron Miranda
Foreign-trained lawyers can advise on foreign law in the United States, but the process to do so is complex. Each state or jurisdiction sets its own rules for eligibility to take the bar exam, which is required to practice law in the US. Some jurisdictions allow foreign-trained lawyers to advise on their home country's laws as foreign law consultants without full bar admission. To become a licensed attorney in the US, foreign-trained lawyers must first have their law degree reviewed and analyzed by the American Bar Association, which can take up to a year. Once reviewed, the application is either accepted or deferred. If accepted, foreign-trained lawyers can then take the bar exam in their desired state, as they are generally only permitted to practice law in the state in which they take the exam.
| Characteristics | Values |
|---|---|
| Can a US attorney advise on foreign law? | US attorneys can advise on foreign law by consulting with competent foreign counsel. |
| How to avoid malpractice when advising on foreign law | US attorneys should establish a contemporary record of the legal sources in English that were examined. |
| Foreign legal consultants | Attorneys, often working for US firms with offices in foreign countries, may advise on foreign law but may not be licensed to practice law in that country. |
| US bar exam for foreign-trained lawyers | Foreign-trained lawyers may be eligible to take the US bar exam, but each state or jurisdiction sets its own rules. |
| Eligibility requirements | Eligibility often depends on the candidate's legal education, professional experience, and compliance with additional requirements such as character and fitness evaluations. |
| Credential evaluation | Foreign-trained lawyers must get their law degree reviewed and analyzed by the American Bar Association, which can take up to a year. |
| LLM | An LLM allows foreign attorneys to specialize in a specific type of law, such as corporate or environmental law. |
| Transferable skills | If you have studied or practiced law in another country, your skills are likely transferable to the US. |
| US embassies and consulates | US embassies and consulates overseas may furnish a list of attorneys who are willing to assist US citizens, but they will not recommend a particular foreign attorney. |
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What You'll Learn
Foreign Legal Consultants
The New York State Court of Appeals amended its Rules for the Licensing of Legal Consultants (Part 521) in 2017. This added a requirement for all individuals licensed in New York as legal consultants to register with the Office of Court Administration. Legal consultants in New York are not admitted to practise law but may render advice or provide legal services for matters concerning the law of the country in which they are admitted to practise.
Massachusetts' Supreme Judicial Court Rule 3:05 allows attorneys from foreign countries to apply to be licensed to practise as foreign legal consultants. This rule allows a scope of practice with limitations and does not permit those licensed under it to engage in the practice of case law in Massachusetts.
General Advice on Retaining a Foreign Attorney
When selecting an attorney, it is advisable to contact several attorneys and describe the services you require. It is important to find out the attorney's qualifications and experience and how they plan to represent you. Ask specific questions and ensure the attorney explains legal activities in a way that you understand. It is also important to establish billing schedules and methods of payment, as these vary between countries.
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Selecting a foreign attorney
Understanding of Foreign Law and Legal System
It is essential to select an attorney who has a comprehensive understanding of the legal system and specific laws in the country where you require legal assistance. Foreign legal consultants, often working for US law firms with overseas offices, can advise on foreign law requirements. However, they may or may not be licensed to practise law in that country.
Language Proficiency
Language barriers can complicate legal matters. Ensure that the attorney you choose is fluent in the language of the country where you need legal assistance. If necessary, consider arranging for translation services to ensure clear communication with your attorney.
Qualifications and Experience
Review the attorney's qualifications, experience, and track record. Ask specific questions about their plan of action for your case and expect straightforward explanations in a language you can understand. Ensure that the attorney has successfully handled similar cases in the past and is familiar with the unique aspects of the foreign legal system.
Fees and Billing
Find out the attorney's fee structure and billing practices. In some countries, legal fees are fixed by local law. Be clear about the billing schedule, including any additional costs for specialists or other attorneys who may need to be consulted, such as barristers or solicitors. Some foreign attorneys may expect advance payment or demand payment after each action, while others may work on a contingency or percentage basis.
Timeframe and Progress Reports
Discuss the anticipated timeframe for resolving your case, keeping in mind that foreign courts may work at a different pace than what you are accustomed to. Request regular progress reports to stay informed about the status of your case, even if there are no significant developments.
Network and Relationships
Choose an attorney who has developed strong relationships with other lawyers and law firms in the field. International legal matters often involve collaboration with other legal professionals, and a well-connected attorney can quickly access the expertise and resources needed to handle your case effectively.
Confidentiality and Documentation
Understand the rules of the foreign country concerning attorney-client confidentiality. Additionally, inquire about the authentication and translation of documents, as providing foreign authorities or your attorney with translated copies of relevant documents may be necessary.
Remember, while US embassies and consulates can provide a list of attorneys willing to assist US citizens, they do not make specific recommendations. It is your responsibility to thoroughly vet and select an attorney who best meets your legal needs in the foreign country.
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Authentication and translation of documents
When retaining a foreign attorney, it may be helpful to provide foreign authorities or your attorney with authenticated, translated copies of pertinent documents. However, it is recommended to consult your foreign attorney before doing so, as they may advise on whether it is preferable to translate the documents in the US or in the foreign country.
In the United States, some government agencies may accept documents in languages other than English, but they will still require notarization in English. On the other hand, some government agencies only accept documents in English. Thus, it is recommended to have foreign-language documents translated into English to avoid any rejection of multi-step authentications.
The U.S. State Department requires that "all documents in a foreign language must be translated into English by a certified translator and notarized as a true translation." The certification of translation must be typed, signed by the translator, and attached to the foreign-language document. The certification must include a statement declaring the translator's competence in the language of the document and that the translation is true and accurate to the best of their abilities. Additionally, the certification must specify the documents if it is used for multiple documents, and it should include the translator's address and telephone number.
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Fees and billing
When seeking legal advice from a foreign attorney, it is important to understand the billing structure and payment methods to avoid any surprises. Here are some key considerations for fees and billing when retaining a foreign attorney:
Fee Structures:
Firstly, it is essential to discuss the fee structure with the attorney upfront. Foreign countries may have different billing practices than what you are accustomed to in the United States. Some attorneys may charge a fixed fee set by local law, while others may charge based on the hours worked or a contingency fee structure. It is beneficial to request an estimate of the total hours and costs involved in handling your case. This will help you compare rates and make an informed decision.
Payment Methods:
Another critical aspect is determining the expected means of payment. Foreign attorneys may have specific preferences or requirements for payment methods, such as check, international money order, wire transfer, or online payment services. Be sure to clarify the currency and consider any applicable exchange rates. Additionally, it is worth noting that in some countries, attorneys may expect payment in advance or after each action they take on your behalf. Others may work on a contingency basis, collecting a pre-arranged percentage of the awarded amount.
Progress Reports and Billing Transparency:
It is within your right to request regular progress reports from your foreign attorney. However, keep in mind that foreign courts may operate at a slower pace than those in the United States. You can establish a pre-determined schedule for receiving updates, even if there are no significant developments, to stay informed about your case. Additionally, foreign lawyers may not typically provide detailed descriptions of the work performed in their billing statements. Therefore, it is advisable to discuss billing transparency expectations and ensure you understand the breakdown of charges to avoid surprises.
Attorney-Client Confidentiality and Billing Disclosures:
Before finalizing any agreements, clarify the rules of the foreign country concerning attorney-client confidentiality. Understand what information the attorney can disclose and to whom. This is particularly important when discussing billing and payment information, as you will want to ensure that your financial details remain confidential.
Billing Disputes:
In the event of a dispute over billing or fees, it is beneficial to understand your rights and options. You can seek assistance from the local bar association or legal regulatory bodies in the foreign country to resolve any billing disputes or fee-related concerns. They can provide guidance and help mediate any disagreements between you and your attorney.
Remember, each country and legal jurisdiction may have unique practices and regulations regarding fees and billing. It is always advisable to conduct thorough research and consult official sources or legal professionals for the most accurate and up-to-date information.
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US Bar Exam for foreign-trained lawyers
The process of becoming a lawyer in the US is complex, especially for foreign-trained lawyers or international students at an American law school. The US Bar Exam is one of the most important steps in the process. The bar exam is a test that determines whether a candidate is qualified to practise law in a specific jurisdiction. International students often pursue an LL.M. in the US to prepare for the bar exam. Even if they are not planning to practise law in the US, the qualification enhances their CVs.
Foreign-trained lawyers must first get their law degree reviewed and analysed by the American Bar Association, which can take up to a year. Once reviewed, the application is either accepted or deferred. If accepted, foreign-educated lawyers are allowed to sit for that state's bar exam, much like a domestic applicant. In New York, for example, foreign lawyers can sit for the bar without completing further law school study in the US.
To be eligible to take the bar exam, most jurisdictions require holders of foreign law degrees to have an additional legal degree, such as a Juris Doctor (JD) or LL.M., from an American Bar Association (ABA)-accredited law school in the US. Some states, however, allow foreign lawyers to apply for bar admission based on years of law practice and/or a qualifying foreign law degree (usually in English common law). In Washington, for instance, foreign lawyers can meet the supplemental legal education requirement with an LL.M. from an ABA-approved law school. In California, a foreign lawyer must complete an additional 20 credits of study in an LL.M. programme, including instruction in bar-tested subjects.
As of January 2023, 41 states, the District of Columbia, and the US Virgin Islands require applicants to pass the Uniform Bar Examination (UBE), a series of standardised tests. The UBE consists of the Multistate Bar Examination (MBE), a multiple-choice examination covering constitutional law, criminal law, evidence, real property law, contracts, and torts; the Multistate Essay Examination (MEE), consisting of 30-minute essay questions on MBE topics and additional legal topics; and the Multistate Performance Test (MPT), which evaluates lawyering skills rather than substantive law. Additionally, candidates must pass the Multistate Professional Responsibility Exam (MPRE), which tests knowledge of professional ethics and is administered separately from the regular bar exam.
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Frequently asked questions
A foreign legal consultant is an attorney who advises clients about foreign law requirements. They usually work for US law firms with offices in foreign countries but may or may not be licensed to practice law in the country where they work.
US embassies and consulates overseas may provide the names of several attorneys who are willing to assist US citizen clients. You can also ask for a referral to foreign law directories, bar associations, or other organizations. When you receive a list of attorneys, it is a good idea to contact several attorneys and briefly describe the services you need. Ask specific questions and expect the attorney to explain legal activities in a way that you can understand.
Foreign attorney fees vary. In some countries, fees are fixed by local law. Some foreign attorneys may expect to be paid in advance, while others may take the case on a contingency or percentage basis. It is important to establish a billing schedule that meets your requirements and is acceptable to the foreign attorney.
First, you must get your law degree reviewed and analyzed by the American Bar Association, which can take up to a year. If your application is accepted, you can then take the bar exam in the state where you plan to practice law. Most states require a JD degree from a US law school to sit for the bar exam, but some states, like New York and California, allow foreign law graduates to take the exam.
