Anaya Nolan
The United States has one of the most extensive legal services sectors in the world, making it an invaluable opportunity for UK-qualified lawyers to practice law. However, the process of transitioning from practising law in the UK to the US is complex and lengthy, and it is very dependent on the state that one intends to qualify in and the specific qualifications they require for 'foreign-trained lawyers'. While some states are more open to foreign legal education, others are stricter and require a law degree from an ABA-accredited law school to take their bar exam.
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What You'll Learn
UK lawyers can work in New York
The process of transitioning from practising law in the UK to the US varies from state to state. The US legal system is similar to the English system as it is based on common law. However, each state has its own laws and regulations, and requirements for lawyers to practise within state borders.
New York is a relatively open state for UK lawyers to work in. The New York Board of Law Examiners welcomes foreign-trained lawyers to sit the bar, provided that they have 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. The Board performs an Advance Evaluation of Eligibility to determine whether a degree is acceptable and transferable, looking for three years of education focusing on common law. This evaluation can take up to 12 months, after which UK lawyers can sit for the bar examination. The bar examination is highly rigorous and can take up to 12 months of preparation. If a UK lawyer is unsuccessful, they may be encouraged to complete a US Master's in Law (LLM).
Some states advise foreign lawyers to take a one-year Master of Laws (LLM) program at a US institution to aid their journey to becoming a US attorney-at-law. Alternatively, UK lawyers can become a Foreign Legal Consultant, which allows them to represent clients in America. This process is much quicker than applying to sit for the bar, but their power is limited, and certain legal services fall outside the scope of what they are allowed to do.
For UK lawyers, the process of moving to New York to practise law is therefore a lengthy one. However, the qualifications obtained from qualifying in New York are globally recognised and can open up a massive scope for international legal work.
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UK lawyers can work in California
California is a popular destination for UK lawyers due to its sophisticated legal market, competitive nature, and innovative economy. The state is home to Silicon Valley and the Bay Area, where dozens of Fortune 100 companies, such as Apple, Facebook, and Netflix, are based.
While it is possible for a UK lawyer to work in California, there are important steps, practical considerations, and financial decisions to be made before doing so. UK lawyers must first understand the legal system in California, which differs from that of the UK. The state requires a separate bar exam and licensing process for lawyers. California invites lawyers who have fully qualified in their jurisdiction to sit for the California bar examination directly. This means that in the UK, one must be a qualified solicitor via the SQE or LPC route.
To be eligible to sit for the California Bar Exam, UK law students who have not yet been admitted to the SRA but hold a law degree or conversion course may also need to complete one year of advanced law study. This can be done by completing a master's in law (LLM) with at least 20 credits at an ABA or California-accredited school. The program must cover four separate subjects tested on the California Bar Exam, including a Professional Responsibility course. The process of becoming licensed to practice law in California is lengthy and expensive.
Another option for UK lawyers seeking to work in California is to be transferred internally to the US office of their firm or to complete an international secondment in the US. Some US law firms also hire candidates directly from the UK, but this process is highly competitive and requires visa sponsorship.
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UK lawyers can work in Texas
The process of transitioning from practising law in the UK to doing so in the US varies from state to state. The US legal system is similar to the English system as it is based on common law, which makes it comparatively easy for UK lawyers to transition to working in the US. However, each state has its own requirements for lawyers intending to practise within its borders.
Texas is one of the three most accessible states for foreign lawyers to take the bar exam, along with California and New York. In 2014, the Texas Board of Legal Examiners changed its qualifying rules, making it easier for foreign lawyers to take the Texas Bar Examination. The requirements to sit the Texas Bar Examination are now similar to those of the New York Bar. However, it is important to note that an LLM degree does not make foreign lawyers eligible to practise law in the US. Each state has the authority to determine whether an applicant meets the requirements to sit its bar examination. Therefore, UK lawyers intending to practise in Texas should carefully review the specific requirements set by the Texas Board of Legal Examiners.
One way for UK lawyers to work in the US is to be transferred internally to the US office of their firm or to complete an international secondment in the US. Some law firms in London now offer international secondments to the US. Alternatively, US law firms also hire candidates directly from the UK, although this process can be highly competitive and may require the firm to sponsor a visa. More experienced lawyers with a few years of experience in relevant practice areas, such as Corporate and Finance law, may have better chances of being hired directly by US firms.
UK lawyers who intend to work in the US but do not plan to sit for the bar exams can consider becoming a Foreign Legal Consultant. This route allows qualified foreign lawyers to provide certain legal services and represent clients in the US. However, it is important to note that the role of a Foreign Legal Consultant has limited powers compared to a lawyer who has passed the bar.
Additionally, UK lawyers can consider obtaining a US law degree, such as a JD or LLM, to enhance their understanding of the US legal system and increase their chances of qualifying to practise in the US. However, this option may add several years of academia and require significant fees.
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Getting a US Law Degree as a UK Citizen
The process of getting a US law degree as a UK citizen depends on your career goals and the state in which you intend to practise law. While the UK and the US have highly regarded legal systems, their approaches to legal education differ significantly. In the UK, students who wish to become lawyers can complete a three-year LLB program or an undergraduate degree plus a one-year GDL conversion course. On the other hand, law is not typically studied as part of an undergraduate degree in the US. Instead, undergraduates use a four-year program to prepare for further legal education in law school.
If you are a UK citizen looking to get a US law degree, you have a few options:
- LLM Program: Some US states, like New York and California, allow foreign-trained lawyers to sit for the bar exam directly or after completing an LLM program at an American institution. An LLM is a master's degree in law that typically takes one to two years to complete and can provide a greater understanding of the US legal system. However, it may not be sufficient to qualify as a lawyer in the US, and you may still need to obtain a Juris Doctor (JD) degree.
- Juris Doctor (JD) Degree: A JD degree is a three-year law degree offered by US law schools. It is a requirement for most states and provides a more comprehensive understanding of US law. However, obtaining a JD degree may eliminate your summer internship opportunities and add additional time and costs to your education.
- Double Degree Programs: Selected British universities offer a double degree LLB/JD four-year bachelor program in partnership with US law schools. This option can provide a seamless transition to studying law in the US while saving you time and money.
It is important to note that each US state has its own requirements for foreign-trained lawyers, and you should research the specific rules and regulations of the state in which you intend to practise. Additionally, the process of validating an international qualification and obtaining admission to the bar can be lengthy and challenging, so it is essential to plan your career path carefully.
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UK LLB vs US JD
The pathways to becoming a lawyer in the UK and the US differ significantly. In the UK, aspiring lawyers must first obtain an LLB, which is an undergraduate degree in law. This typically takes three to four years to complete. After obtaining their LLB, individuals can choose to undertake a Bar Professional Training Course (BPTC) or a Legal Practice Course (LPC). BPTCs are for those who wish to become barristers, while LPCs are intended for aspiring solicitors. Both courses last one year and focus on specific areas of law. As of 2021, the Solicitors Qualifying Examination (SQE) has been introduced as a centralised way to qualify as a solicitor in England and Wales, replacing the LPC. The SQE is divided into two stages, SQE1 and SQE2, and candidates must pass both sets of exams to qualify as solicitors.
In the US, on the other hand, law is a graduate degree. Students must first complete an undergraduate degree and then take the Law School Admission Test (LSAT) to be accepted into a Juris Doctor (JD) program. The LSAT assesses reading comprehension, logical reasoning, and pattern recognition skills. The JD program itself lasts three years and confers a general law degree without specialisation. While some states may allow individuals with foreign law degrees to sit for the bar exam, most states require a US law degree, especially for those intending to work in Big Law. Obtaining a JD in the US can offer a greater understanding of the US constitution and federalism, but it also adds four years of academia and significant fees.
For those seeking to transition from practising law in the UK to the US, there are a few options. Some states, like New York and California, permit foreign-trained lawyers who have completed their legal education with a focus on common law to sit for the bar exam directly. However, an evaluation of eligibility by the state's Board of Law Examiners is typically required, which can take up to a year. Other states may require a US law degree from an ABA-accredited law school. Alternatively, individuals can opt to pursue a Master of Laws (LLM) program, which can provide an understanding of the US legal system. While an LLM is not always necessary for practising in the US, it may be advantageous for those transitioning from a foreign legal system. The LLM is typically a nine-month to one-year program that focuses on research and analytical study of the law. However, it is important to note that the LLM route may be more challenging in terms of career opportunities compared to having a JD.
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Frequently asked questions
The answer is yes, but it depends on the state. Some states are stricter than others and require a law degree from an ABA-accredited law school to take their bar exam. Other states are more open to foreign-trained lawyers and foreign legal education.
New York and California are relatively open to foreign-trained lawyers. New York welcomes foreign-trained lawyers to sit the bar, provided they have completed their legal education with a focus on common law. California invites lawyers that have fully qualified in their jurisdiction to sit for the California bar examination directly.
The process of transferring your US law degree to the UK involves getting your degree recognised and then taking the bar exam. The New York Board of Law Examiners performs an Advanced Evaluation of Eligibility, which can take up to 12 months, to determine whether a degree is acceptable and transferable. Once you receive approval, you can then prepare for the bar examination, which can take another 12 months.
Having a US law degree and practising in the UK can open up a wide range of international legal work opportunities. Being dual-qualified will increase your chances of landing a job with an international firm, and US firms generally offer much higher salaries for lawyers, especially those who are newly qualified.
All pathways for transitioning from practising law in the UK to the US have their advantages and drawbacks. One way is to enter the American education system to receive a Juris Doctor (JD) or Master of Laws (LLM) degree, which can offer a greater understanding of the US legal system. However, this will add four more years of schooling and require high fees. Another way is to validate your international qualification through an evaluation of eligibility, but this is also a lengthy process, and both pathways require admission to the bar.
