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EST. 1998 |
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The London LL.B. & US State Bar Educational Eligibility by George D. Pappas, B.Sc.(Hon), LL.B.(Hon) January 12, 1999
The ability to discern with any degree of clarity what the official status of the London LL.B. with respect to individual US State Bar rules is vague at best. Much of the confusion with respect to how the London LL.B. is treated in the US stems mainly from the fact that the US has 50 independent and sovereign jurisdictions in so far that Federal Law permits each State to establish its own Bar Admittance regulations. Despite this sea of uncertainly, certain elements of US State Bar Exam Rules can be identified, and the goal in this article is to help you save time, save money, reduce frustration, and to help you navigate which US States Bar Rules best fit your needs. General Comments 1. As a rule, most States will not accept your London LL.B. as meeting the educational eligibility of the their respective Bar Admission Rules. 2. As a rule, most States will require a US JD Law Degree from an American Bar Association (ABA) approved law school. 3. As a rule, if you are a lawyer from a common law jurisdiction, with three to five years active practice within that jurisdiction, some states will allow you to apply for an attorney's examination, or as in the case of Pennsylvania, allow you to sit their Bar with an additional 24 credits from an ABA School. 4. As a rule, if you earned your law degree from a non-common law jurisdiction, your chances of being either allowed to take a State Bar examination or to apply for a lawyers wavier application to practice law in a specific State, will be difficult at best.
Even with the list of States cited above, there are dramatic differences on the grounds for admission. Some States require prior legal practice as a member of a foreign common law Bar. Other states require you to prove (the burden of proof is always on the applicant in this area), that your foreign law degree is equivalent to the ABA Law School Standards required by that State. Other States will require your foreign law degree to be "evaluated" by a recognized evaluation service. Essentially, what is at play here, it the prima faci notion that many US States will accept foreign law graduates by virtue of being considered. This is hardly the case. It is very difficult to convince a State Bar Examination Board that your foreign law degree is equal or better than the ABA Standard. Some states like New York do accept with regularity LL.B. graduates of a three year (in residence) degrees from the University of London, Oxford or Cambridge. Holders of the same exact degree under the External Programme of the University of London, however, do not receive the same treatment. Why the difference? The difference stems from the New York Rule 520.6 which states inpart that you must attend in residence lectures at your University or other recognized institution to meet the durational and substitutive requirements of the New York rule. Attending lectures with a private tutorial college outside the University of London may meet this rule, but you should first confirm any institutional efficacy with the New York Board of law Examiners. What alternatives exist to enter the some US state jurisdictions as an LL.B. Degree Holder? The easiest path is to apply and take an American JD ABA approved Law Degree. Most London LL.B. Degree holders would probably find this option least pleasing. Why? Because the American JD - despite its name, is a first degree in law, not a post graduate degree in law. In fact, prior to 1960, most US Law Degrees were in fact LL.B.'s! So the thought of spending over $40,000.00 to acquire yet another LL.B. equivalent degree may not sit well with you. The next best option, is to apply to a US ABA approved Law School as an LL.M. candidate. This is where most of the success occurs. States like Maine, Ohio, California, D.C. and others will look more favorably at your application if you earned at least 24 credits at an ABA approved law school or an LL.M. On the cost side, you'll do better than taking a full JD program, since you will spend less time in law school, taking less credits relative to the JD program. The American Bar Association publishes a pamphlet called "Comprehensive Guide To Bar Admissions Requirements," which breaks down each State's rules with respect to the educational eligibly of foreign law graduates. You can call 1-800-285-2221, or fax 1-312-988-5528 or e-mail (abasvcctr@attmail.com) and reference code #529-0082 when placing your order. Even a reading of the above ABA pamphlet requires caution. Even though it published by the ABA, you still must communicate directly with each State you are applying to since what is written in this pamphlet may have changed, or what appears to be acceptance of your degree is in fact a mirage framed in a puzzle. As an External Programme student or graduate with the University of London, you should be proud of the unique assets your degree has as you deal with the US state Bar Exam Boards. 1. The University of London was the first English University Law Degree Program . You can thank John Austin of University College, London for putting London first back in the 1830's. 2. The University of London standard is second to none. External Programme Students take the same standard exam, at the same time, by the same examiners, using the same syllabus, using the same books as full time London Students. 3. All other things being equal on the academic side, LL.B. degree holders from the External Programme have proven they can achieve a standard of success at a world class level, all whilst having to raise families, maintain careers and support themselves. The experience of managing this enormous challenge proves that LL.B. degree holders from the External Program are great managers. Pity the ABA attendance rule for not placing a value on this. You should be proud of your achievement. I'm sure there are many other attributes you can talk about when it comes to the University of London LL.B. Mention of it here is to provide confidence to candidates who will have plow through the US System where adherence to strict rules and regulations makes it difficult for Exam Boards to appreciate your accomplishment. Nonetheless, there are so success stories of LL.B. holders being admitted to US State Bar's that you should also feel confident that with time, perseverance and research, you will be able to practice in the US if you choose to. The author, a graduate of the University of London External Programme in Laws (LL.B.), was admitted to the North Carolina State Bar in 2003. *Since this article was published, individual US state rules may have changed; therefore, readers are advised to always check the up to date bar admissions rules.
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