Kara Sears
The portability of a law degree between the US and Canada is a complex issue. While some sources suggest that an American law degree does not qualify you to practice in Canada, others state that it is possible to get certified by the National Committee on Accreditation (NCA) and become eligible to apply to become a licensed lawyer in Canadian common law jurisdictions. However, it is important to note that the process involves several steps, including exams and fulfilling requirements set by the NCA. Additionally, the recognition of an American law degree in Canada may depend on the specific state and province, as well as the reputation of the American law school.
| Characteristics | Values |
|---|---|
| Does a US law degree work in Canada? | No, a US law degree does not qualify you to practice in Canada. |
| What is needed to practice law in Canada with a US degree? | To practice law in Canada with a US degree, you need to get certified by the National Committee on Accreditation (NCA). The NCA will assess your legal education and experience and create requirements for filling the gaps. |
| What are the requirements to obtain a Certificate of Qualification from the NCA? | The requirements to obtain a Certificate of Qualification from the NCA include writing exams, completing assignments, and enrolling in courses at a Canadian law school. |
| Are there any exceptions for American-trained lawyers in Canada? | There are a handful of American law firms with offices in Toronto that are open to American-trained lawyers, but these firms focus on a narrow slice of capital markets work, such as helping Canadian entities issue debt and equity offerings in the US. |
| Are there any advantages of having a US law degree when applying for articling positions in Canada? | Unless your US degree is from a top school, it may not give you a significant advantage when applying for articling positions in Canada. However, in some cases, a US degree might not be seen as a disadvantage either. |
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What You'll Learn
US law degree recognition in Canada
An American law degree does not qualify you to automatically practice law in Canada. The National Committee on Accreditation (NCA) assesses how much of your legal education and experience are transferable and creates requirements to fill any gaps.
NCA Assessment
Once you graduate with a US law degree, your credentials will need to be assessed by the NCA. The results of the assessment will determine what you must fulfill to obtain a Certificate of Qualification, which makes you eligible to apply to become a licensed lawyer in Canadian common-law jurisdictions (all provinces except Quebec). The NCA processes assessments on a first-come, first-served basis. All required documents and fees must be received before your file is put into the queue for assessment. You can expect your assessment report within eight weeks from the date your final document is received.
Bar Admission Requirements
Bar admission requirements differ from province to province. In Ontario, for example, foreign-trained lawyers must complete the licensing process of the Law Society of Ontario, which includes writing the barrister and solicitor licensing exams and satisfying the experiential training component of the Lawyer Licensing Process.
Exams and Courses
The NCA assessment may require you to write exams and/or take courses at a Canadian law school to obtain a Certificate of Qualification. Most students opt for writing exams. These exams are known as "challenge exams" or "NCA Exams." The number of exams you need to take will depend on your academic and professional qualifications.
Articling Positions
In addition to passing exams and/or taking courses, you will need to find an articling position. Articling jobs are competitive, and you will be competing with domestic graduates.
Recognition of US Law Schools
The reputation of your US law school may impact the recognition of your degree in Canada. Unless your degree is from one of the top schools, it may not give you a significant advantage. However, some Canadian law schools, like the University of Toronto (U of T), award the Juris Doctor (JD) degree, so it is well-known there.
Law Firms in Toronto
There are a handful of American law firms with offices in Toronto that are open to American-trained lawyers. However, these offices typically focus on a narrow slice of capital markets work, such as helping Canadian entities issue debt and equity offerings in the United States.
In summary, while it is possible for a US law degree to be recognized in Canada, it requires additional steps, including NCA assessment, exams and/or courses, and finding an articling position. The recognition may also depend on the reputation of your US law school.
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NCA certification and assessment
The National Committee on Accreditation (NCA) assesses the legal education and professional experience of individuals who obtained their credentials outside of Canada or in a Canadian civil law program. The NCA process is mandatory for all internationally trained legal graduates, whether they are Canadian citizens who have earned their legal education abroad or newcomers to Canada with overseas legal education.
The NCA uses one standard of evaluation across the country. This means that by going through just one process, you can qualify to enter law society bar admissions programs in any Canadian common law jurisdiction. To do so, you must have either legal qualifications from another country or a Canadian civil law degree.
To begin the NCA process, you must first apply for an assessment of your education and experience. This involves submitting your credentials and qualifications for review by the NCA. Once your application is approved, you will be given NCA assignments, which can include exams or law school courses. These assignments are designed to assess your knowledge of Canadian law and ensure it is comparable to that of someone who graduated from an approved Canadian law school program.
After completing your NCA assignments, you can request a Certificate of Qualification as proof of your accomplishment. This certificate is necessary for entry into the bar admission process of Canadian law societies in common law provinces and territories. It is important to note that the Certificate of Qualification is not the same as a Canadian law degree, but it demonstrates that your knowledge of Canadian law meets the required standards.
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Exams and requirements for US-trained lawyers
The process for US-trained lawyers to become licensed to practise law in Canada involves several steps and requirements. Here is an overview of the exams and requirements:
National Committee on Accreditation (NCA) Assessment and Exams
The first step for US-trained lawyers seeking to practise in Canada is to complete the NCA assessment and exams. The NCA is an independent regulator that evaluates a lawyer's prior education and experience to determine the requirements needed to obtain a Certificate of Qualification. This certificate allows individuals to take the relevant bar exams and become licensed lawyers in Canada.
The NCA exams assess an individual's knowledge of Canadian law, and successful completion of these exams renders a foreign law degree "equivalent" to a Canadian law degree. The specific subjects required for the NCA exams may include Canadian Administrative Law, Canadian Constitutional Law, Canadian Criminal Law, Canadian Professional Responsibility, and Foundations of Canadian Law, among others.
Bar Exams
After completing the NCA process, US-trained lawyers must then take the Canadian bar exams. These exams test an individual's knowledge and skills in various areas of law, including Ontario law, Federal legislation, and Case law. The bar exams can be administered in different formats, such as a two-day essay format or the standardized Uniform Bar Examination (UBE).
Articling or Experiential Training
In addition to passing the bar exams, US-trained lawyers must complete experiential learning or articling. This involves working as a clerk or gaining practical experience under the supervision of a licensed lawyer for a specified period, typically 10 to 12 months.
Additional Requirements
US-trained lawyers may also need to meet other requirements to practise law in Canada fully. This can include membership in provincial bar associations, such as the Nova Scotia Barristers' Society, and demonstrating good standing, the required years of practice experience, and fulfilling any additional educational or examination requirements specific to the province or territory.
While it is challenging for foreign-trained lawyers to practise law in Canada, with diligence, dedication, and by meeting the necessary requirements, it is possible for US-trained lawyers to work and establish their legal careers in Canada.
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US law firms in Toronto
While it is challenging to practice law in Canada with a foreign degree, there are a few US law firms with offices in Toronto. These include Paul, Weiss; Mintz; and Skadden, Arps, Slate, Meagher & Flom LLP.
Paul, Weiss's Toronto office is in the city's financial district and is the hub of a growing Canada practice. The firm's lawyers in Canada and the US assist clients across various industries with cross-border matters, including mergers and acquisitions, private equity, and capital markets transactions. The Toronto office practices only US law but works with Canadian law firms to provide seamless counsel to clients.
Mintz's Toronto office, located at 200 Bay Street, provides cross-border legal insights and resources to clients doing business in Canada and the US. The office supports sectors such as life sciences, private equity, intellectual property, mergers and acquisitions, technology, and energy.
Skadden's Toronto office advises clients on US legal matters, including cross-border debt and equity offerings, mergers and acquisitions, corporate governance, and securities compliance. The office also handles finance transactions and represents Canadian clients in areas such as litigation, tax, banking, restructuring, and intellectual property. The attorneys in the Toronto office are licensed as Foreign Legal Consultants in Ontario but do not advise on Canadian law.
Overall, while it is possible to work for US law firms in Toronto, it may be challenging to practice law in Canada directly with a US degree due to the need to meet various requirements, such as passing exams and finding articling positions.
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Canadian bar and articling jobs
It is challenging for foreign-trained lawyers to practice law in Canada. There are a few options for US-trained lawyers to work in Canada. Firstly, a few American law firms have offices in Toronto that employ American-trained lawyers. However, these firms tend to focus on a narrow area of capital markets work, assisting Canadian entities with debt and equity offerings in the US. Another option is to pursue a Canadian law degree, which can be more costly and time-consuming. Alternatively, some Canadian law schools, like the University of Toronto, award the Juris Doctor (JD) degree, which is well-recognised in Canada. With an American JD, one might be able to practice law in Canada, depending on their specific circumstances. For example, in Ontario, taking exams and fulfilling the articling requirement, which can be waived under certain conditions, is necessary.
To be hired by a Canadian law firm with a US law degree, one must typically graduate from a top US law school with excellent marks. However, it is essential to note that even graduates from prestigious US schools like NYU and Penn may not be well-recognised in Canada. Therefore, it is generally advisable to attend a highly ranked Canadian law school if one plans to practice in Canada.
The National Committee on Accreditation (NCA) is a crucial organisation for individuals with foreign law degrees who wish to pursue a legal career in Canada. The NCA assesses an individual's credentials and determines whether their foreign law degree is equivalent to a Canadian law degree. Passing the NCA exams is the first step for foreign-trained lawyers to gain entry into the Canadian legal market.
Articling is a critical component of becoming a licensed lawyer in Canada. It refers to a period of apprenticeship, typically lasting ten months, where a law graduate works under the supervision of a licensed lawyer. During this time, they gain practical experience and develop the skills necessary to become a fully qualified lawyer. The specific requirements for articling may vary across provinces, so it is essential to consult the relevant provincial law society or bar association for detailed information.
The Canadian bar exam is a crucial step for anyone seeking to become a licensed lawyer in Canada. The bar exam tests an individual's knowledge of the law and ensures they possess the necessary skills and competencies to practise law ethically and effectively. The format and content of the bar exam can vary depending on the province or territory, as each jurisdiction sets its own requirements. Some provinces may have multiple exams covering different areas of law, while others may have a more comprehensive single exam. It is essential for individuals seeking to enter the Canadian legal profession to familiarise themselves with the specific requirements of the province or territory in which they intend to practise.
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Frequently asked questions
An American law degree does not qualify you to practice in Canada. However, it is possible to get certified by the National Committee on Accreditation (NCA), which will assess your legal education and experience and outline requirements for filling any gaps. These requirements typically involve several law school courses and exams.
The NCA will outline exact requirements to obtain a Certificate of Qualification, which makes you eligible to apply to become a licensed lawyer in Canadian common law jurisdictions. Requirements typically include exams and/or enrolling and taking courses at a Canadian law school.
Yes, you can complete the subjects in one year at a Canadian college, although this option is more expensive.
