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How does an American Law School Graduate Become Eligible to Practice Law in England?

So asks a law student. While I know various American students who have gone off to practice in London, I actually don’t know the answer to this. Comments are open. Insight and links to resources welcome.

UPDATE: Bill Burke-White, a lawyer who is currently a lecturer at the Wilson School at Princeton, e-mails the following exceptionally informative response (some of which is similar, I see, to what Professor Froomkin has recently posted in the comments):

“In response to the question about US trained lawyers working in the UK, there are a couple of ways to do this. I’ll try to outline the main paths here. First, both US and UK law firms hire US trained lawyers to work in their London offices. Most of this work tends to be securities and project finance. These lawyers are effectively practicing US law (generally NY law) but doing so based in London. There are no special requirements for doing this other than getting hired for a London office and then passing a US bar exam (normally NY). These positions can be quite lucrative as lawyers make an NY salary plus ex-pat benefits.

“A second option is to actually qualify as an attorney in England. As you may know, in England there are two separate routes to legal practice. Solicitors work directly with clients and do a range of corporate transactions and preparation for litigation. Barristers (the ones who wear the wigs) are then hired by solicitors to provide legal opinions or argue cases in court. Though barristers tend to work as part of a chambers, they are independent rather than salaried or part of a partnership. This is not quite the same as the corporate/litigation distinction in a US law firm as they are fundamentally different career tracks, but that can be a useful reference distinction.

“Assuming you have a US law degree, to qualify as a solicitor in the UK you must pass a US state bar exam and gain two years of common law practice experience. Then you can complete the Qualified Lawyers Transfer Test (far easier than a US bar exam). Many US trained lawyers working in London go ahead and qualify even if they do not plan to practice English law. For more information on this route visit this site. It is worth noting that most English lawyers undertake legal study as an undergraduate degree and therefore begin work at a younger age. They are therefore required to complete a 2 year traineeship at their solicitors firm before becoming fully qualified. Most firms will waive this if you qualify from abroad after 2 years of experience. As debt burdens are lower in England, solicitors firms tend to pay significantly lower salaries for English lawyers than a US firm would for a US qualified lawyer.

“Becoming a barrister is far harder. The typical route for a British lawyer would be to complete their normal legal training followed by a year of Bar School (often at the Inns of Court School of Law) in which one learns the practical elements of court appearances, etc. Then you must get offered a pupilage at a barrister’s chambers which are highly competitive. Some proportion of those offered a pupilage will, after a year, be given a tenancy. Once you have a tenancy at a barrister’s chambers, you are formally called to bar, have an independent legal practice with rights of audience in court.

“For a foreigner to become a barrister, you have to pass a bar exam in your home jurisdiction and have ‘regularly exercised rights of audience in the superior courts of a common law jurisdiction for at least 3 years,’ have UK work status, and have reasonable grounds to expect that a barristers chambers will offer you a pupilage. These are fairly difficult standards for a recent US law graduate to have. Often the easiest route to being a barrister is actually to get a job at a law firm in the UK, qualify as a solicitor, get work status, and then complete bar school and then get offered a pupilage with a chambers. There is one shortcut. If you have an academic appointment as a teacher of law in England, you can automatically get called to bar and skip all the above. Useful information can be found at this site.”

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19 responses to “How does an American Law School Graduate Become Eligible to Practice Law in England?”

  1. I don't know what it takes to practice _UK_ (or EU) law in the UK, but lots of law firms, both British and American, have American lawyers who practice American law in London or elsewhere in the UK. I spoke w/ a few of these firms during the recent on-campus recruiting here at Penn. My impression was that the American lawyers practice strictly American law, and that it's most likely to be securities law of some sort, dealing w/ situations where some company or person from England wants to buy stocks or bonds or the like in the US and needs to deal w/ the legal aspects of the deal. The American lawyers, it seems, are often quite segregated from the British lawyers. That may not always be the case, but often is. In none of the firms I looked at did American lawyers practice UK law- they all practiced US law, though this may not always be the case.

  2. At least 13 years ago, when I practiced in London, it was legal to practice any kind of law you wanted, including English law, so long as you did not falsely hold yourself out as having qualifications you lacked. The (much tighter) restrictions which mattered were those driven by firm policy, legal ethics, US bar requirements (some of which may have extraterritorial effects), and of course insurance issues.

    At that time there was no easy way for a US lawyer to become a barrister or a solicitor without taking a lot of courses. I believe that the rules have since been liberalized so a suitably experienced US lawyer no longer needs a UK law degree. You have to take some exams, which requires some prep.

    Further info appears to be available at
    http://www.lawsociety.org.uk/professional/overseaslawyers.law
    and http://www.lawsociety.org.uk/becomingasolicitor/outsideengandwales/transfertest.law
    and (as regards the Bar)
    http://www.legaleducation.org.uk/Degrees/dfaqs.php

    From these, becoming a qualified barrister appears more complex than becoming a solicitor.

  3. Solicitors work directly with clients and do a range of corporate transactions and preparation for litigation. Barristers (the ones who wear the wigs) are then hired by solicitors to provide legal opinions or argue cases in court.

    This is a little out of date, as most of the restrictions on solicitors acting as advocates have gone. Long-term this may well be a threat to the continued existence of barristers. See http://www.bbcity.co.uk/rd/lwnew/index.php?page=Solicitors for details. (Disclaimer: I'm not a lawyer but my wife is a solicitor practising in England … so my grasp of these things is slighly second-hand)

  4. Does anyone have similar information about the Canadian bar?

  5. Anyone know how a UK qualified solicitor can work as a US attorney? What are the qualification requirements?

  6. What is the possibility for an American who lives and has an interest to study law in Britain, but is interested in practice in the U.S? Is the British degree valid or useful to any extent?

  7. I am a second year law student in San Francisco. I really would LOVE to work in the UK after graduation, as I lived there abroad in undergrad and my family is partly from there. I am not sure how to go about it… if anyone has suggestions in order to intern or practice in the UK as a american law school graduate, I would love to hear them!!!

  8. In order to practice in the US as an attorney, you must first meet the requirements of that State in which you wish to practice. This would mean that you would have to take and pass the MPRE (multi-state professional responsibility exam) and pass the bar examination. The UK law degree would need to be either ABA (American Bar Association) approved or have that State accept your education in lieu of the school having ABA approval. In the US most all States require that you have a doctorate and the undergraduate study does not qualify one to sit for the MPRE or a Bar Exam. In addition, you must pass a character and fitness application process, which is taken exteemly seriously. Good luck with your admission to a US State Bar with a UK degree. I am not saying it is impossible, but the process is very difficult to get through. Additionally, the fact that one has a doctorate from a US law school does not place him in the position to always pass a Bar Exam. In fact, many people with the Juris Doctor degree are unable to pass a bar exam. You may find that the best way to obtain admission is to get a JD from a US school.

  9. The best route for a UK solicitor to be admitted to practice in the US is to first spend a year doing an LL.M. in the US. It is worth taking out a loan to do this especially if you plan to practice in the US. You can then sit for a state bar exam. Some states require a US J.D. degree but NY is an exception as long as you have an LL.M. The NY Bar exam is pretty straightforward. You spend a couple of months filling your head with pointless information which you will never use in practice. If you need any more information feel free to contact me. Good luck.

  10. I am an american undergrad student wanting to practice law in the us but wanting to do my law degree in the UK. is it possible to get my CPE then do my one year solicitors course, skip the pupillage and then finish law school in the US at a university say … in Colorado? Any help anyone could provide me would be fabulous!!!!!!!!

  11. Becoming a Lawyer in the UK

    LawBritannia offers impartial, practical and expert careers advice to non UK nationals interested in studying and practising law in the UK.

    We explain clearly the steps you need to take to become a lawyer in the UK and lead you through law courses and applications into a successful career.

  12. Does anyone know if there are any Patent Lawyers who have a US (JD) Law degree and practice in the UK? I am from the UK and doing a JD in the US,and after passing the US Patent Bar I hope to practice here, but also leave an option to eventually return back to the UK? If anyone has any information about this, I would be very interested. Thanks?

  13. I am a Nigerian with a law degree(my 2nd degree)from Nigeria.I am not living in Nigeria currently and would love to practice in d Uk but I don't know how to go about it.Cna anyone tell me how to go about that?

  14. I was thinking about becoming a lawyer but not sure where i wanted to work. Is there anyway in which you could work in both places?

  15. I have my Law degree from Nigeria. I curently reside in the US (permanent resident) and want to become a JD. Can any one please let me know the proceedure that I will follow, outside writing the NY bar exams?
    Thank you.

  16. Hello, I am enquiring to learn the best route for an American who desires to practice as a solicitor in the UK. I am currently enrolled through the external program with the University of London. Since I have a 2 yr degree with an American college, couple with the qualification I hope to earn, I would next love to move to the UK and practice. Looking at the law gazette and law society website, I thought it would be helpful to email and enquire. I am sure there are a number of routes to take but I would love to know if there is a specific suggestion that someone may be able to give based off experience. I have a sincere desire to live in Europe for many reasons, mostly personal. Any and all advice is most appreciated.

  17. I am an American Attorney [Wisconsin, New York and US Supreme Court] who has become an English Barrister. I now have a consulting agency to assist those wanting to do the same as I did or, vice versa, for Brits to become US qualified. Please contact me for further details. My experiences have been excellent overseas.

  18. I am a 2L at a US law school. I am European but went to college and now law school in the US. I would love to work in London after graduation but the number of firms that hire US law students straight out of law school seems limited. If anyone would like to chat about this, please email me (psp2205@yahoo.com).

  19. Seeking advice. I currently live in London. I qualified as a barrister (non-praqctising) in 1999, studied for my LL.M. in the US, then worked in the commercial world (non legal) for the past 6 years, and now i want to take the new york bar to get back into the legal profession. Anyone have any input as to whether the us law firms would hire someone like me if I applied to US firms/compnies in London?

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