US Bar Exam FAQ for Foreign-Trained Attorneys

US Bar Exam FAQ for Foreign-Trained Attorneys:

NYU Law's LLM degrees are graduate professional degrees for attorneys. Some LLM students hold a JD degree from an ABA-accredited law school in the US; their JD degree fulfills the educational requirements to sit for any U.S. state’s bar exam. Other LLM students earned their law degree in another country; some did so at the undergraduate level.

Law licensure in the US is controlled by each US state within their territory. To practice in a private law firm, foreign-trained attorneys must become licensed to practice law in that US state. Within New York State, foreign-trained attorneys may practice in-house or consult on their country’s laws if they register with their local Appellate Division.

Many states will not allow foreign-trained attorneys to sit for their state bar exams. A listing of jurisdictions which will allow foreign-trained attorneys to seek admission to their bar can be found online in the NCBEX Guide to Bar Admission Requirements.

A foreign-trained attorney cannot guarantee state law licensure or bar exam eligibility by earning an LLM degree. Bar exam eligibility is most commonly determined from one’s first degree in law, whether an ABA accredited JD degree or another law degree earned outside the US. Some jurisdictions, including New York, may allow an LLM degree and specific coursework to remediate some non-US law degrees. California, another large legal market, will allow attorneys licensed in other countries to sit for their state bar exam. Beyond the bar examination, states have many other requirements for law licensure, including character and fitness evaluations.

New York State specifics:
New York State’s Board of Law Examiners (NY BOLE) is the sole authority which can determine if:
1). A foreign-trained attorney may sit for the bar exam on the basis of their non-US degree in law; or if
2). A foreign-trained attorney can “cure” their first degree in law with an LLM degree and specific coursework; or if
3). their first degree in law cannot be “cured” with an LLM.

Foreign-trained attorneys who wish to practice law in New York should request an evaluation of their credentials by NY BOLE. Foreign Legal Education (nybarexam.org) The NY BOLE Foreign Legal Education Handbook suggests this should be done one year prior to the date they intend to sit for the NY bar exam. No law school can make this determination—only NY BOLE can do so. Thus, it is each student’s responsibility to request this analysis prior to undertaking an LLM.

NYU School of Law maintains a list of courses which will meet NY BOLE requirements under section 520.6 of their rules (relating to foreign-trained attorneys). These courses can be combined with the required coursework for each LLM specialization to meet both the LLM degree requirements and NY BOLE requirements under their section 520.6 rule. If NY BOLE deems that a lawyer can “cure” their first degree in law with an LLM, then NYU’s LLM degrees can be structured to include courses which meet the NY BOLE’s educational requirements.

Frequently Asked Questions

Is a law license required to practice law in New York State?

Answer:

Generally, practicing in private law firms will require a law license in New York State. Similar to the accounting profession in many states, there are exceptions where one can practice in limited situations without licensure, including in-house practice or consulting on the laws of another country (where one is licensed). These two categories require registration and may require a showing of one’s non-US law license, but these limited categories do not require licensure in New York State. Further, limited categories of federal practice may be undertaken by passing an exam, without formal legal training. Examples include authorized practice before the US Tax Court and enrolled agents who practice before the Internal Revenue Service.

In-house practice is a sizeable segment of the legal job market. US Bureau of Labor statistics estimated the number of in-house attorneys as over 115,000 in 2020, which is almost 10% of all lawyers in the US at that time. (Analysis by Prof. Bill Henderson) This is a slightly larger number of lawyers than were working in the 200 largest US law firms. Many of these lawyers are more senior, but some industries hire entry level attorneys.

What does NY BOLE consider when evaluating non-US law degrees?

Answer:

NY BOLE compares non-US law degrees to their requirements for JD degrees on two main basis: Duration and Substance. These criteria are detailed in section 520.6 of their rules: Part 520 - Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law (nycourts.gov) If NY BOLE finds a law degree meets one of these two criteria, it may allow an LLM to be used to “cure” the other. However, an LLM cannot be used to cure both durational and substantive issues.

The duration of the program must be at least three years, not including any online classes (with limited exceptions for COVID between Spring 2020 and approx. spring 2022). There is a limitation on non-classroom credits, such as independent research papers. No online coursework is allowed, absent a limited COVID exception for classes held between spring 2020 and spring 2022. The degree must contain at least 83 credit hours. Each credit hour must be composed of at least 700 minutes of instruction, not including exam time. The specificity of these requirements highlights why it is essential to submit your credentials for evaluation by NY BOLE as early as possible.

The substance of the law degree must be based on “English” common law. Not all common law jurisdictions will be deemed to be substantively equivalent. Jurisdictions which blend common law with civil or traditional law will not be deemed substantively equivalent. Dual majors/programs in law and another subject (e.g., law and business) may not be deemed substantively equivalent.

How do bar examiners analyze the substance of a non-US law degree?

Answer: Some bar examiners do not accept foreign legal credentials. The jurisdictions who may accept non-US credentials typically look for common law legal systems that are similar to the US. Other countries’ domestic legal systems can be broadly broken down into several categories: common law, civil law, customary or traditional law, religious law, or a mix of these. Some countries may vary regionally (our neighbor Canada, for example), and thus bar examiners may allow graduates of certain schools to sit for the bar exam without an LLM, while they may require graduates of different law schools in that country to earn an LLM to become eligible to sit for the bar exam.

The U.S. is deemed a common law system which draws heavily on our legal traditions as former British colonies. Many countries who were part of the former British empire share some elements of this common law system, but not all of these legal systems are deemed to be similar enough. Approximately 10 state bar examiners may allow those who studied law in a jurisdiction which is deemed to be fully based on “English common law” to examine in their jurisdiction on the basis on their first degree in law, though only the bar examiners can make this determination and they may also require that the degree be equivalent in duration to a three year US JD degree. Thus, some two-year or online LLB degrees from common law countries may not work for this purpose.

If a bar applicant studied law in a system which is not deemed to be “English Common Law” then a handful of state bar examiners (notably including New York) may allow an LLM to “cure” their prior law degree in terms of difference in the substance provided the applicant’s foreign law degree meets specific requirements.

What if NY BOLE rules that my degree meets one, but not both of the criteria?

Answer: NY BOLE may allow an attorney to cure one, but not two, deficiencies. This is done by completing an LLM degree and taking specific coursework mentioned in section 520.6 of their rules.

What if NY BOLE rules that my degree does not meet either criteria?

Answer: An LLM would not be able to “cure” your law degree. The remaining options would be to register to work in-house or as a foreign legal consultant, to enroll in an ABA accredited JD program to qualify to sit for the bar exam, or to seek licensure in another state and then seek admission upon motion in New York after five years of practice in another jurisdiction.

Which countries’ law degrees are considered to be equivalent to a US JD degree by NY BOLE?

Answer:

NY BOLE does not appear to maintain a list of jurisdictions, law schools, or degrees which will meet these requirements. This may be because degree requirements and degree titles can change over time, or because not all law schools within a jurisdiction or programs within a school may be deemed equivalent to a JD degree. Based on experience, degrees from several common law jurisdictions are often deemed substantively equivalent to a US JD: England, Ireland, Australia, Hong Kong, Israel, Nigeria, and New Zealand. These degrees must also meet durational requirements, so two-year LLB programs from these countries would not be considered durationally equivalent.

There are other countries and jurisdictions where results are more mixed, depending on the degree content. Again, degrees featuring law and another subject or non-common law legal elements can cause issues. Some Scottish and Irish law degrees may not be deemed substantively equivalent. Canadian law degrees from common law programs will often be deemed substantively equivalent, but blended or civil law programs may not be. Some law schools in the Philippines have been deemed equivalent, but other Philippine law schools may not be.

What other states can foreign-trained attorneys seek licensure in?

Answer: Again, a listing of jurisdictions which will allow foreign-trained attorneys to seek admission to their bar can be found online here in the NCBEX Guide to Bar Admission Requirements.

In what states do lawyers most commonly practice in the US?

Answer: The population of lawyers in the US is typically concentrated in two states: California and New York. State Statistics can be found on the ABA’s website. Washington, DC (aka the District of Columbia) is not a state, but notably has a high number of lawyers per capita, i.e., relative to their smaller size and population.) That said, many lawyers in DC work for the US government; many branches of the federal government may only hire US citizens.