Bar Information for Foreign Attorneys

If you have read my previous posts, you should know that the LL.M. degree does not qualify foreign lawyers to practice law in the United States. Each individual state in the U.S. regulates the admission of attorneys to the practice of law within its jurisdiction and there is no "universal" rule. The requirements for bar admission vary from state to state and are quite complex. A foreign LL.M. student who plans to sit for a bar examination in the U.S. should carefully read and comprehend the relevant requirements prior to beginning his/her studies. Most states require applicants to have a J.D. degree, while others require foreign lawyers to have completed a certain number of course credits from a law school in this country. 

It is the responsibility of the applicant to read the information provided by the Board of Legal Examiners (state board that has the authority to approve or disapprove an application for a license to practice law in every state) in the state in which he or she wishes to sit the bar. It is the applicant’s responsibility to contact that state’s Board of Legal Examiners with any questions, to submit all documents and fees in a timely manner, and to complete any U.S. law courses required by that state’s Board of Legal Examiners.

Again - each state has final authority to determine whether an applicant meets the requirements to sit its bar examination. 

Traditionally, the two most common and easily accessible bar exams for foreign lawyers have been in California and New York. However, as you all probably know, the Texas Board of Legal Examiners recently changed its qualifying rules and essentially established itself as one of the three most easily accessible bars for foreign lawyers.

The Texas Bar


After extensive efforts by Texan legal community, the Texas Board of Legal Examiners amended Rules I, II, III, XIII, XIV, XVII and XIX of the Rules Governing Admission to the Bar of Texas. The changes became effective Oct. 1, 2014, and the rules (Rule XIII) governing the eligibility of foreign lawyers to sit the Texas Bar are now similar to the rules of the New York Bar. The Texas Bar is now one of the most accessible U.S. Bars for foreign lawyers.

The rule changes would represent a major leap forward for international law practice in Texas and largely match the rules of perennial market leader New York. In particular, foreign lawyers licensed in civil law countries are now eligible to sit for the Texas Bar by completing an LLM Master’s degree from an ABA-approved law school, in addition to the other requirements under the rule including but not limited to passing a character and fitness test. Common law applicants would have three different routes in order to be eligible to sit for the Texas Bar exam. 

The order also streamlines the registration of foreign legal consultants in Texas (like I did!), which is likely to assist Texas companies in hiring experienced corporate counsel for their in-house needs related to their international expansion or operations. 

In addition, the order would permit licensed foreign attorneys to appear pro hac vice in a Texas court proceeding with the assistance of licensed Texas counsel and upon application to the court. 

• More information about international LL.M. ELIBIGIBILITY can be found on the TEXAS BOARD OF LAW EXAMINERS website.

The New York Bar

According to Section 520.6 of the Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law, foreign lawyers must satisfy four requirements:

• Applicants must have a "qualifying degree" that satisfies the educational requirements to practice law in a foreign country. This degree must be a degree in law;
• The qualifying degree must be from a law school accredited by the government of the foreign country and must be deemed qualified and approved; and
• The applicant must have successfully completed a legal program of equivalent length to the Juris Doctor legal education provided by American Bar Association (ABA) accredited schools in the United States. Legal education in the US is traditionally a full-time, three year course of study – foreign lawyers, accordingly, need similar credentials;
• Similarly, the program and course of study successfully completed by the applicant must be  substantially equivalent to that of the Common Law education provided by an ABA-approved law school in the United States. Other examples of countries that practice common law include The United Kingdom, Canada, Australia, New Zealand, and Israel.
 

If a foreign-educated lawyer thinks that he or she meets these standards they must begin their application to sit for the New York bar examination by completing an online Foreign Evaluation Form. Although the Foreign Evaluation form is a necessary first step in the process, it is not the same  as an application to sit for the bar exam. After it is approved, applicants must complete the (appropriately named) Online Bar Exam Application and pay the $750 application fee.

• More information about international LL.M. ELIGIBILITY can be found on the NEW YORK STATE BOARD OF LAW EXAMINERS website.

The California Bar


The requirements for admission to practice law in California are contained in Title 4, Division 1 of the Rules of the State Bar of California (Admissions Rules). The following is a summary of the requirements for law students who have received their legal education outside the United States. The requirements are different for those who have received a first degree in law from a law school in a foreign jurisdiction and those who have completed their studies in a foreign law school, but have not received a degree. 
To be admitted to practice law in California, an applicant must comply with the requirements outlined in Chapter 2 of the Admissions Rules, which, in addition to passing the bar examination include:

• Receiving a positive moral character determination;
• Passage of the Multistate Professional Responsibility Examination (MPRE); and 
• Being in compliance with any California court ordered child or family support obligation.

All applicants for admission are required to provide a social security number pursuant to Business and Professions Code Section 30 (California’s tax enforcement provisions) and Family Code Section 17520 (Child Support Enforcement Program). An applicant who does not have a social security number because he/she does not qualify for one, may request an exemption from the requirement of providing a social security number at the time they file a registration application with the Committee of Bar Examiners (Committee). Otherwise, there is no requirement of citizenship or residency.


Law Students who received their first degree in law from a law school outside the United States must establish their eligibility to take the California Bar Examination by showing that their degree is equivalent to a Juris Doctor (JD) degree awarded by an American Bar Association (ABA) approved or California accredited law school in the United States and that they have successfully completed a year of law study at an ABA approved law school or a law school accredited by the Committee in the areas of law as outlined in the Committee’s “Guidelines for Implementation of Chapter 2, Rule 4.30 of the Admissions Rules.”

• More information about international LL.M. ELIGIBILITY can be found on the STATE BAR OF CALIFORNIA website.

I hope this answered many of the questions you all had about the Bar exam in some of the main states. 

KEEP CALM & LAWYER UP!


Uanna Alves