US Legal Practice

US Legal Practice

California

There are over 160,000 active lawyers in the State of California. Only the lawyers who have passed the BAR exams and enrolled before the California BAR council are allowed to practice in California. Lawyers from the other states of USA can take up the California BAR exam and enroll before the BAR council of California to practice in state of California.

An alternative route for foreign lawyers to practice in California is available via a Foreign Legal Consultant license which permits foreign lawyers restricted legal practice within the State on the basis of their home country qualifications and experience. A Foreign Legal Consultant in California may provide legal services relating to the law of the country in which they are licensed to practice law. They must file an annual report with the State Bar of California and an annual renewal fee. Foreign Legal Consultants are subject to certain restrictions: they cannot provide legal advice on the law of the State of California nor on the laws of the USA; they cannot appear in court as an attorney for anyone other than himself or herself;

There are also restrictions on the type of work a Foreign Legal Consultant may do, mainly relating to property, probate and family law.

The State Bar of California may issue a license to practice as an Foreign Legal Consultant to lawyers who: are a member in good standing of a recognized legal profession in a foreign country; who are admitted to practice as an attorney or equivalent and subject to effective regulation and discipline by a duly constituted professional body or public authority; who have been engaged in the practice of law for at least four of the six years immediately preceding the application.

Applicants must supply proof of admission to practice in their home country and evidence of educational and professional qualifications. The 2003 California Rules of Court set out the rules for Foreign Legal Consultants under Rule 988.

New York

There are over 147,000 resident and active lawyers in the State of New York. It is required to pass the Multistate Professional Responsibility Examination (MPRE), and a character and fitness investigation to qualify as an attorney in New York. The New York State Board of Law Examiners administers the bar exam. It is open to graduates of US and foreign law schools, although rules vary depending on whether the law school is an ABA-approved US law school, a non-ABA approved US law school or a foreign law school (see below for special provisions relating to graduates of foreign law schools).

Section 520 of the Rules of Courts of Appeals outlines the eligibility rules for candidates to sit the New York State bar examination.

Lawyers with foreign law degrees may qualify to take the bar examination under the rules outlined in section 520.6 of the Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law.

New York requires that candidates who have received their legal education outside of the USA demonstrate that their legal education is the qualitative and quantitative equivalent of the legal education requirements to those who have received their legal education in the USA.

If a candidate has qualified as a lawyer in an English common law jurisdiction the program of study must be the quantitative equivalent of legal education at an ABA-approved law school. If not, applicants must complete a program of a minimum 20 credit hours at an ABA-approved law school.

Solicitors qualified in England and Wales must have 3 years' formal education in order to sit the New York State bar examination. Solicitors who have qualified via the Common Professional Examination (CPE) route are not recognized as having an adequate legal qualification in order to sit the bar examination. These candidates must complete an additional 20 hours of study.

Candidates must provide proof of admission to practice in the jurisdiction in which they are qualified, or if not admitted, proof that they have successfully completed the educational requirements needed to practice in that jurisdiction. For applicants from England and Wales, this means proof of their law degree, Legal Practice Course (LPC) and completed training contract.

A Foreign Legal Consultant license allows lawyers qualified in a non-US jurisdiction to provide legal services in the State of New York on their home country law or the laws of other jurisdictions in which they are qualified.

Foreign Legal Consultants are subject to certain restrictions: they cannot provide legal advice on the law of the State of New York nor on the laws of the USA; they cannot appear in court as an attorney for anyone other than himself or herself; they cannot hold themselves out as a member of the New York State Bar.

There are also restrictions on the type of work a Foreign Legal Consultant may do; mainly relating to property, probate and family law.

The Supreme Court may issue a license to practice as a Foreign Legal Consultant to lawyers who: are a member in good standing of a recognized legal profession in a foreign country; who are admitted to practice as an attorney or equivalent and subject to effective regulation and discipline by a duly constituted professional body or public authority; who have been engaged in a practice of law for at least three of the five years immediately preceding the application.

Applicants must intend to practice as a legal consultant in the State of New York and maintain an office for this purpose. They must supply proof of admission to practice in their home country and evidence of educational and professional qualifications.

Part 521 of the Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law covers the rules regarding Foreign Legal Consultants.

Texas

There are approximately 70,000 practicing lawyers in Texas. The State Bar of Texas regulates the profession .One needs to complete Texas bar exam conducted by Texas Board of Law Examiners to qualify as an attorney in Texas and enroll before Texas bar council. The State Bar requires that every attorney completes fifteen hours of continuing legal education each year to maintain an active law license.

Foreign lawyers must demonstrate that the legal education that they have received is the substantial equivalent of the education provided by an ABA-approved law school. Applicants must submit proof of their educational qualifications to a professional credential evaluation service.

Foreign legal consultants:

An alternative route for foreign lawyers to practice in Texas is available via a Foreign Legal Consultant license which permits foreign lawyers restricted legal practice within the State on the basis of their home country qualifications and experience.

Foreign Legal Consultants are subject to certain restrictions: they cannot provide legal advice on the law of the State of Texas nor on the laws of the USA; they cannot appear in court as an attorney for anyone other than himself or herself; they cannot hold himself or herself out as a licensed Texas attorney.

There are also restrictions on the type of work a Foreign Legal Consultant may do, mainly relating to property, probate and family law, and on the name or title of his or her practice.

The Supreme Court may issue a license to practice as an Foreign Legal Consultant to lawyers who: are a member in good standing of a recognized legal profession in a foreign country; who are admitted to practice as an attorney or equivalent and subject to effective regulation and discipline by a duly constituted professional body or public authority; who have been engaged in the practice of law for at least three of the five years immediately preceding the application; possesses the good moral character and general fitness requisite for a member of the Texas Bar; is at least twenty-six (26) years of age; who intends to practice as a legal consultant in the State of Texas and maintain an office for this purpose .