Foreign-educated LL.M. students planning to take the Massachusetts Bar Examination

Transcription

1 BOSTON UNIVERSITY SCHOOL OF LAW GRADUATE AND INTERNATIONAL PROGRAMS MASSACHUSETTS BAR MEMO FOR INTERNATIONAL LL.M. STUDENTS Boston University School of Law Graduate and International Programs 765 Commonwealth Avenue, Room 1534 Boston, MA Tel: TO: FROM: Foreign-educated LL.M. students planning to take the Massachusetts Bar Examination Tibby Fogarty Cail, Assistant Director for Professional Development This memorandum is for BU Law LL.M. students who received their legal education abroad and who plan to sit for the Massachusetts Bar Examination (the MA Bar Exam ).

2 MA Bar Exam: foreign-lawyer qualification As of July, 2010, amendments to Rule 3:01 of the Massachusetts Supreme Court and new Board of Bar Examiners (the Board or BBE ) Rule VI make it possible for a foreign-trained law student to sit for the MA Bar Exam. The full text of Rule 3:01 is available here: Rule 3:01 Section 3.2 states that graduates of foreign law schools must have a college and legal education that is, in the opinion of the Board, similar in nature and quality to that of ABAapproved law schools (i.e., meets the Board s standards of educational sufficiency ). It also states that before a foreign-trained lawyer will be permitted to sit for the MA Bar Exam, the Board of Bar examiners may, in its discretion, require a foreign-trained lawyer to pursue further legal studies at an ABA-approved school. BBE Rule VI states that a foreign-trained attorney may take the MA Bar Exam or apply to be admitted on motion 1 after the BBE determines that their education is sufficient. Except for those students trained in Canada, a foreign-trained lawyer may request an advanced determination of his or her eligibility to take the MA Bar Exam. Any such request must be made at least four (4) months prior to applying to sit for the MA Bar Exam. The foreign trained lawyer must submit a cover letter, along with specific supporting documentation. In the cover letter you must: 1. Describe what you are seeking from the Board, and 2. The reason you are making such a request. You must also provide for them, in English: A. Official transcripts from each school you have attended, B. Copies of all diplomas or certifications, C. Descriptions of all courses if not provided on the transcripts. Include method of study (i.e. classroom or long-distance learning), D. Official Certificates of Admission and of Good Standing from all of the jurisdictions in which you are admitted, and E. Your resume. Among other areas, the BBE will take your course of study at your foreign law school into consideration when evaluating your educational sufficiency. 1 To be admitted on motion refers to being admitted to practice without taking the MA Bar Exam. If certain requirements are met, as set forth in Rule 3:01, Section 6.1 and 6.2, the Board may, in its discretion, excuse an applicant from taking the exam. S.J.C. Rule 3:01, s.s

3 IMPORTANT: Safe Harbor Provision: The BBE s new rules provide a way for foreigntrained lawyers to meet the educational sufficiency standard through law studies at an ABA-approved law school in the U.S. Specifically, the rules state that a graduate of a foreign law school who meets the [following] standards... will be deemed to have satisfied the educational sufficiency requirement... and will not be required to take further legal studies. These standards may be met, in part, through your course selection in the LL.M. program. If you are from a country with a COMMON LAW tradition you must: 1. Be admitted to practice in a foreign country, 2. Be in good standing in the jurisdiction where you are admitted to practice, 3. Have successfully completed 15 credit hours at an ABA-accredited law school in: a. Business Organizations (including Agency and Business Organizations) b. Commercial Law (Contracts and UCC (Articles 1-9)) c. Constitutional Law d. Criminal Law e. Property and Estate Planning (including Descent and Distribution of Estates, Real Property, Trusts & Wills) f. Evidence (including Federal Rules), Federal Jurisdiction, Federal Rules of Civil Procedure, and MA Rules of Civil Procedure g. Professional Responsibility h. Torts and Unfair or Deceptive Business Practices 4. You must take Constitutional Law and Professional Responsibility as part of the requirement. If you are from a country with a CIVIL LAW tradition, you must: 1. Be admitted to practice in a foreign country, 2. Be in good standing in the jurisdiction where you are admitted to practice, 3. Successfully complete an LL.M. program with at least twenty-four (24) credits at an ABA accredited school or at one authorized to grant the LL.M. degree. 4. You must also take at least one (1) course in at least three (3) of the Other categories listed below: a. Business Organizations (including Agency and Business Organizations) b. Commercial Law (Contracts and UCC (Articles 1-9)) c. Constitutional Law d. Criminal Law e. Property and Estate Planning (including Descent and Distribution of Estates, Real Property, Trusts & Wills)

4 f. Evidence (including Federal Rules), Federal Jurisdiction, Federal Rules of Civil Procedure, and MA Rules of Civil Procedure g. Professional Responsibility h. Torts and Unfair or Deceptive Business Practices 5. You must take Constitutional Law and Professional Responsibility as part of the requirement. Regarding the LL.M. Introduction to American Law class, it may count for partial credit towards the required 15 or 24 credit hours of classes, but it will not count towards the Constitutional Law requirement. To meet the Constitutional Law course requirement, the BBE is essentially looking for something similar in content to a 1L Constitutional Law course. Taking the MPRE will not count toward the Professional Responsibility requirement. Whether from a common or civil law background, on-line courses are not acceptable and a first degree in law is not required. Graduates of Common Law studies from a law school in Canada that is a member of the Law School Admissions Council will be permitted to sit for the MA Bar Exam or to apply for admission on motion on the same basis as graduates from ABA approved schools are. LL.M. graduates of 20 and of 24 credit programs who are missing required courses have the opportunity to complete additional coursework. This applies to all graduates, past and future. Graduates may take missing courses on a non-degree basis at their degree-granting institution or outside of the LL.M. program they attended to meet the necessary substantive/credit requirements. In either case, students must take courses for a grade (students cannot audit courses), the institution must be ABA-approved, and the school must approve. Some law schools may not permit students to take additional courses if the school was not the degreegranting institution. In either case, online courses are not acceptable. Canadian Law Schools If you are a graduate of Common Law studies from a law school in Canada that is a member of the Law School Admissions Council, you will be permitted to sit for the MA Bar Exam or to apply for admission on motion on the same basis as graduates from ABA approved schools are. Please find a list of such schools below: Dalhousie University University of Saskatchewan Queen s University University of Alberta University of British Columbia University of Calgary University of Manitoba University of New Brunswick University of Ottawa McGill University University of Toronto University of Victoria University of Western Ontario University of Windsor Faculty of Law York University- Osgoode Hall Law School The following are Supreme Judicial Court decisions concerning foreign education equivalency:

5 Wei Jia v. Board of Bar Examiners, 427 Mass. 777 (1998) Osakwe v. Board of Bar Examiners, 448 Mass. 85 (2006) Yakah v. Board of Bar Examiners, 448 Mass. 740 (2006)

6 (Model Cover Letter) DATE Massachusetts Board of Bar Examiners 3 Pemberton Square, 7th Floor Boston, MA Dear Board of Bar Examiners: Please accept this letter and its accompanying documents as a request for an evaluation of my eligibility to take the Massachusetts Bar Exam in July I received my law degree from [YOUR COUNTRY] in [YEAR] and my legal education was in the [COMMON LAW or CIVIL LAW] tradition. I am currently enrolled in the [LL.M. Program in XXXXXX at Boston University School of Law]. I have completed or am currently enrolled in the following classes: [LIST AND INCLUDE A DESCRIPTION OF EACH OF YOUR FALL COURSES ALONG WITH CREDIT HOURS]. In the spring, I expect to take the following classes [LIST AND INCLUDE A DESCRIPTION OF EACH OF YOUR FALL COURSES ALONG WITH CREDIT HOURS]. As a lawyer trained in the [COMMON LAW or CIVIL LAW] tradition, I believe that these courses will satisfy the safe harbor requirement of Rule VI.3.2 [(i) or (ii) depending on whether you are a common law or civil law-trained lawyer] of the Rules of the Board of Bar Examiners. I have enclosed originals [OR DULY CERTIFIED COPIES] and English translations of the following documents for your review: a) Official transcripts from (FOREIGN LAW SCHOOL); b) Degree certificate from (FOREIGN LAW SCHOOL); c) Descriptions of all courses (IF NOT PROVIDED ON THE TRANSCRIPTS), including method of study; d) Official Certificates of Admission and of Good Standing from (ALL JURISDICTIONS TO WHICH YOU ARE ADMITTED); and e) A resume. Please direct your response regarding my eligibility to the following address:

7 [ADDRESS] I look forward to hearing from you and thank you in advance for your assistance. Sincerely, [YOUR NAME] Enclosures