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Foreign-trained lawyers can use LL.M.s to gain bar eligibility in several US

states, but should beware that eligibility requirements are continuously
evolving.

When foreign students make their way to the United States to pursue an
LL.M., they often have one major goal in mind: gaining eligibility to sit that
white whale of legal tests, the American bar exam.

These foreign students choose to sit the American bar exam for a variety of
reasons, according to Susan Karamanian, associate dean for comparative and
international legal studies at George Washington University School of Law.
Some foreign students need their bar results because they want to try to find
a job as a lawyer in the United States. Others are undecided about where
they ultimately want to live and practice law, and plan to take the bar so
theyll have the option to work in the US down the road. Still others have no
intention of ever working in the US, but want a passing grade on an American
bar exam to show to potential employers in their home countries.

But gaining eligibility to take the bar is not a simple processand its one
that often changes. Thats why directors and officials at LL.M. programs
advise students to get their ducks in a row as early as possible by starting the
eligibility verification process with a states licensing board.

Start [the eligibility process] immediately, says Julie Sculli, Brooklyn Law
Schools Director of International Programs. In an ideal world, have a
response [on whether you are eligible] prior to starting your LL.M. degree.

The requirements for foreign lawyers who want to sit the bar exam vary from
state to state. Thirty states allow foreign-trained lawyers to sit their bar
exams, according to the National Conference of Bar Examiners, but each of
those states has a different stipulation beyond that, with eligibility
determined by factors such as whether students attended a foreign law
school that meets the American Bar Association's standards, whether they
were educated in the common law or civil law system, whether they are
authorized to practice law in a foreign jurisdiction, or whether they are of

sound moral character.

Of those thirty states, fiveNew York, California, Georgia, Washington and

Wisconsinallow students to sit the bar exam based on the completion of an
LL.M. at an American school.

Most want to use our LL.M. to take the bar, says Sculli. For us, thats the
number one reason why students are earning an LL.M.

Using an LL.M. to sit the New York bar exam

New York is commonly known as the most popular state for foreign law
students to sit the bar, since the state has a reputation for friendliness
towards foreign lawyers. In fact, students who attended a three-year law
school in an English-speaking, common law country are often eligible to sit
the bar without even pursuing an LL.M.

But students from non-Anglophone, civil law countries who are planning to
use an LL.M. to take the New York bar should be wary: the state tightened its
eligibility requirements in 2012, with students now required to take a more
strictly codified set of classes, including Professional Responsibility, legal
research, writing and analysis, American legal studies, and topics tested
specifically on the New York Bar. In 2015, the state also instituted a policy of
requiring bar applicants to complete 50 hours of pro bono work.

And even students from Anglophone, common law countries should do their
research to make sure that their degrees fulfill ABA requirements, which
stipulate that students must hold degrees from schools that are accredited by
a governmental agency in their home country. Students in this situation
should also be aware that their programs need to be meet the standards set
by the ABA. To prove that they meet these requirements, students must
submit an online foreign evaluation by November 30 and supporting
documentation from their law schools by February 1 if they are planning to sit
the bar in February, with deadlines of April 30 and June 15 respectively for
students sitting the bar in July.

Using an LL.M. to sit the California bar exam

The California bar exam is another popular target for LL.M.s. To gain eligibility
to sit the bar in California, students must have a law degree from a law school
that meets American Bar Association requirements, then pursue an LL.M. at
an American school.

To prove that their foreign law degree confers bar eligibility, students must
use a credential evaluation service to certify either that their degree is
substantially equivalent to an ABA-approved program, or that their degree
authorizes them to practice law in their home country. Then, students must
complete at least 20 hours of coursework at an LL.M. or other law program,
which must include courses in four subjects tested on the California bar
exam, including a course on professional responsibility that covers the
California rules of professional conduct. These courses must be completed
within three years of the beginning of the student's studies in the United
States.

How to prepare for the bar exam while pursuing an LL.M.

Of course, it can be difficult for students to parse all of these requirements,

as well as study for the bar, all by themselves, especially when J.D. students
have three years to prepare compared to the one year granted to most LL.M.
students. Thats why many schools offer specific resources for LL.M. students
to prepare to qualify for and take the bar. Boston University distributes a
memo to its LL.M. students about how they can gain eligibility for and pass
the New York Bar. Schools such as Penn State Law and Columbia Law School
post detailed information about qualifying for the bar on their websites. In
Georgia, a state where foreign lawyers must have already gained eligibility to
practice law in their home country before sitting the bar exam in the US,
Georgia State Law offers an LL.M. with a special bar preparation track. And
law prep companies Kaplan and Barbri offer bar review courses specifically
geared towards LL.M. students.

"Since LL.M. programs are so short, it's hard for them to do everything they

need to do for the bar during that one-year program, says Sculli of Brooklyn
Law, which also offers a bar prep course independently of its LL.M. program.
This is a nice way for them to get a summary.

Many schools that run LL.M.s geared towards foreign lawyers say they see
these evolving requirements as an opportunity. Susan Karamanian, associate
dean for comparative and international legal studies at George Washington
University School of Law, says that her schools LL.M. program adjusted its
course offerings to make sure they corresponded with the requirements for
the New York Bar. But she says it wasnt difficult to revise the schools
curriculum, and that in fact, she and other officials view the pro bono
requirement as an opportunity to encourage students to engage with the
community.

I consider [pro bono work] very important as it allows students to have firsthand experience in dealing with the needs of those who are unable to pay for
legal services, says Karamanian.

But although many schools are working to keep students up to date on bar
requirements, all prospective students should keep in mind that these
requirements are continuously changing and evolving. Starting in 2018, New
York will institute a skills competency requirement for foreign-trained lawyers
who want to sit the bar, which will result in more paperwork and more boxes
to check off when students are applying.

LL.M. programs with bar preparation tracks

Several schools across the country offer LL.M. programs with specific bar
preparation tracks. These programs are designed with bar examination
requirements in mind, to ensure that students emerge from the programs
with their LL.M. as well as with all the information and skills needed to pass
the bar exam. Schools that offer these bar track programs include:

Georgia State University

University of Iowa

Duquesne University
Boston University's Fundamentals Track
Drexel University

Photo by Philip Larson.

Comments

00251
29 Sep, 2016 23:34
Reply The University of Georgia School of Law also provides extensive
guidance to LL.M. students who wish to apply to take the Georgia bar exam,
and offers a curriculum designed to fulfill the bar's curricular requirements.
Leave a Reply
post comment
Schools mentioned
Iowa Law
Duquesne
BU Law
Drexel - Kline
Brooklyn Law
George Washington
Penn State Law
Columbia
GSU Law
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