Legal Practice in the U.S. for Foreign Attorneys

Transcription

1 Legal Practice in the U.S. for Foreign Attorneys

2 Legal Education in the U.S. Four year university degree followed by Three year ear JD (Juris Doctor) First year curriculum Upper level l curriculum ]

3 Options for Foreign Attorneys Study for full JD Admission as a Foreign Legal Consultant Admissions by Examination ]

4 Admission as Foreign Legal Consultant Official status for lawyers educated abroad to engage in the practice of law, often relating to advising dii on home country law ABA Model Rule for the Licensing and Practice of Foreign Legal Consultants Member in good standing of legal profession Engaged in practice of law for at least five of past seven years Moral character and fitness At least 26 years of age ]

5 Admission through Examination 23 states prohibit foreign educated attorneys to sit for the bar examination in that state 27 states, plus the District of Columbia, allow it under certain circumstances ]

6 Additional Requirements for Eligibility Legal Education in English Common Law Additional Education at ABA approved law school Practice of Law in Home Jurisdiction Determination of Educational Equivalency Admission in Another U.S. Jurisdiction

7 New York State Bar Exam Study of Law in Foreign Country; Required Legal Education Section of the Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law [22 NYCRR 520.6] contains the eligibility requirements for applicants who wish to qualify for the New York State bar examination based on the study of law in a foreign country. New York Board of Law Examiners [BOLE] website

8 New York State Bar Exam Study of Law in Foreign Country; Required Legal Education The rules for eligibility for the New York Bar Exam distinguish between those law graduates trained in the common law in a traditional university leading to the LL.B. and those who are not.

9 New York State Bar Exam Study of Law in Foreign Country; Required Legal Education Graduates of the traditional three year [or more] common law education from countries such as the United Kingdom, Ireland, Australia, Canada, New Zealand and Israel are usually eligible basedon that legal education. They usually do not have to take a U.S. LL.M. degree to establish eligibility for the New York Bar Exam but must receive this determination directly from BOLE. Those educated in the civil law tradition or a non traditional or mixed legal system may qualify for the New York Bar Exam after receiving a U.S. Master of Laws degree with certain requirements, explained below.

10 New York State Bar Exam Evaluation of Foreign Credentials All foreign educated lawyers whether eligible based on common law education or through the LL.M. degree must submit the On Line Request for Evaluation of Foreign Academic Credentials [ to get a decision on eligibility for the New York Bar Exam. Deadline July Examination: October 1 February Examination: May 1

11 New York State Bar Exam Study of Law in Foreign Country; Required Legal Education (vi) the program completed by the applicant shall include: (a) a minimum of two credit hours in a course or courses in professional responsibility; (b) a minimum of two credit hours in legal lresearch, writing ii and analysis; (c) a minimum of two credit hours in American legal studies,the American legal lsystem or a similar course designed dto introduce students to distinctive aspects and/or fundamental principles of United States law (d) a minimum of six credit hours in other courses in subjects tested on the New York State bar examination

12 New York State Bar Exam Application Fee: $750 for foreign educated attorneys Two day examination administered in July and the last week of February Day One: New York Five Essay Questions and 50 Multiple Choice Questions Multistate Performance Test (MPT) D T M lti t t B E i ti (MBE) Day Two: Multistate Bar Examination (MBE) 200 Multiple Choice Questions

13 New York State Admission to the Bar Multistate Professional Responsibility Examination (MPRE) required within three years of passing the New York State Bar Administered in March, August and November Character and Fitness Evaluation The law requires that before admitting a person to the bar of the State of New York, the Appellate Division of the Supreme Court must be satisfied that he or she possesses the character and general fitness requisite for an attorney and counsellor at law l (Judiciary i Law 90[1]) []) and it directs the creation of committees for the purpose of investigating the character and fitness of every applicant for admission to practice (CPLR 9401). Additional paperwork p References Personal Interview Source:

14 Getting an LL.M. in the United States

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16 Choosing Your LL.M. Program SPECIALIZATION AND CURRICULUM Degree Awarded Coursework Required Curricular Structure Faculty Resources:

17 Choosing Your LL.M. Program LOCATION Area of the U.S. City vs. Country

18 Choosing Your LL.M. Program COST

19 Choosing Your LL.M. Program ENVIRONMENT Support Services Community Student Life Facilities

20 Choosing Your LL.M. Program OPPORTUNITIES Internships/Clinics Writing Bar Exam Journals Moot Court

21 Choosing Your LL.M. Program RESOURCES Support Services Community Student Life Facilities

22 Don t Worry Too Much!

23 Law Practice for Foreign Lawyers RESOURCES LSAC: program guide.asp American Bar Association Edwards, George E. LL.M. Roadmap: An International Student s Guide to U.S. Law School Programs New York State Board of Law Examiners: Cardozo Law LL.M. Program:

24 Links National Conference of Bar Examiners: New York State Board of Law Examiners: Pro Bono Information on New York State Court Website: Cardozo Law LL.M. Program: Thank you for joining us! Amy Sugin, Assistant Dean for Graduate and International Programs Selene Steelman, Director of LL.M. Admissions