legal practice in the u.s. for foreign attorneys york summer... · first year curriculum...
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Legal Education in the U.S.
Four‐year university degree followed by
Three ear JD (J ris Doctor) Three‐year JD (Juris Doctor) First year curriculum U l l i l Upper‐level curriculum
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Options for Foreign Attorneys
Study for full JD
Admission as a Foreign Legal Cons ltant Admission as a Foreign Legal Consultant
Admissions by Examination
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Admission as Foreign Legal Consultant
Official status for lawyers educated abroad to engage in h i f l f l i d i i h the practice of law, often relating to advising on home country law
ABA Model Rule for the Licensing and Practice of Foreign 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
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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
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Additional Requirements for Eligibilityfor Eligibility
Legal Education in English Common LawLegal Education in English Common Law
Additional Education at ABA‐approved law schoolpp
Practice of Law in Home Jurisdiction
Determination of Educational Equivalency
Admission in Another U.S. Jurisdiction
New York State Bar Exam§ 520.6 Study of Law in Foreign Country; Required Legal Education
Section 520.6 of the Rules of the Court of Appeals for ppthe 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 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] websitehttp://www.nybarexam.org/Foreign/ForeignLegalEducation.htm
New York State Bar Exam§ 520.6 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 g gcommon law in a traditional university leading to the LL.B. and those who are not.
New York State Bar Exam§ 520.6 Study of Law in Foreign Country; Required Legal Education
Graduates of the traditional three‐year [or more] common law 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 based on that legal education. They usually do not have to take based o t at ega educat o ey usua y do ot a e to ta ea 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 g grequirements, explained below.
New York State Bar ExamEvaluation of Foreign Credentials
All foreign‐educated lawyers – whether eligible based g y gon common law education or through the LL.M. degree ‐‐must submit the On‐Line Request for Evaluation of Foreign Academic Credentials Foreign Academic Credentials [https://www.nybarapply.org/feval/] to get a decision on eligibility for the New York Bar Exam.
DeadlineJuly Examination: October 1July Examination: October 1February Examination: May 1
New York State Bar Exam§ 520.6 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 f di h i l l h i i d (b) a minimum of two credit hours in legal research, writing and analysis;
(c) a minimum of two credit hours in American legal studies, the l l l d d dAmerican legal system or a similar course designed to 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
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 Day One: New York Five Essay Questions and 50 Multiple Choice QuestionsMultistate Performance Test (MPT)
D T M lti t t B E i ti (MBE) Day Two: Multistate Bar Examination (MBE)200 Multiple Choice Questions
New York State Admission to the Bar
Multistate Professional Responsibility Examination (MPRE) required within three years of passing the New York State Bar three years of passing the New York State Bar
Administered in March, August and November
Character and Fitness Evaluation 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
d ll l ” (J di i L § [ ]) d i di h attorney and counsellor‐at‐law” (Judiciary 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 paperworkp p References Personal Interview
Source: http://www.courts.state.ny.us/courts/ad2/attorneymatters_characterandfitness.shtml
Choosing Your LL M ProgramChoosing Your LL.M. ProgramSPECIALIZATION AND CURRICULUMSPECIALIZATION AND CURRICULUMDegree AwardedCoursework RequiredCurricular StructureFaculty
Resources:Resources:www.americanbar.org/groups/legal_education/resources/llm-degrees_post_j_d_non_j_d/programs_by_category.htmlwww.llmguide.comwww.llmguide.com
Choosing Your LL M ProgramChoosing Your LL.M. Program
LOCATIONLOCATION
Area of the U.S.City vs. Country
Choosing Your LL M ProgramChoosing Your LL.M. Program
ENVIRONMENTENVIRONMENT
Support ServicesCommunityStudent LifeFacilitiesFacilities
Choosing Your LL M ProgramChoosing Your LL.M. Program
OPPORTUNITIESOPPORTUNITIES Internships/ClinicsWritingBar ExamJournalsMoot Court
Choosing Your LL M ProgramChoosing Your LL.M. Program
RESOURCESRESOURCES
Support ServicesCommunityStudent LifeFacilitiesFacilities
Law Practice for Foreign LawyersLawyers
RESOURCESRESOURCES LSAC: http://www.lsac.org/llm/choose/llm‐program‐guide.asp
American Bar Association www.americanbar.org/groups/legal_education/resources/llm‐degrees_post_j_d_non_j_d/programs_by_category.html
www llmguide com www.llmguide.com
Edwards, George E. LL.M. Roadmap: An International Student’s Guide to U.S. Law School Programs
New York State Board of Law Examiners: www.nybarexam.org
Cardozo Law LL.M. Program: www.cardozo.yu.edu/llmadmissions
Links
National Conference of Bar Examiners: www.ncbex.orgg
New York State Board of Law Examiners: www.nybarexam.org
Pro Bono Information on New York State Court Website: Pro Bono Information on New York State Court Website: www.nycourts.gov/attorneys/probono/baradmissionreqs.shtml
Cardozo Law LL.M. Program: www.cardozo.yu.edu/llmadmissions
Thank you for joining us!Amy Sugin, Assistant Dean for Graduate and International Programs
Selene Steelman, Director of LL.M. [email protected]