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Nick Root
Partner team
London office
United States
To work as a lawyer in the USA, unless you are working as a foreign lawyer in a law firm (for example, practicing either English or French Law), you have to be qualified under the respective local state bar.
To sit the relevant bar exams, you must usually have a JD (US law degree). This precludes most foreign lawyers from practicing in the States. However, there are two exceptions to this.
New York
Background Information
New York is a densely packed mass of humanity - 7.5million people in 309 sq miles. No other city is arrogant enough to dub itself Capital of the World and no other city could carry it off. As one of the world’s most exciting and vibrant cities, it is so much part of the global subconscious that many of its highlights – from the Empire State Building to the neon hub of Times Square – are instantly recognisable.
Law Firms
In addition to the internationally renowned ‘white shoe’ Wall Street firms at the forefront of cutting-edge deals, all of the major regional US firms will have some size of office here. Indeed several major UK international firms are also based in New York, although the New York legal market is rightly seen as one of the hardest markets to break in the world.
Academic and Professional Considerations for Foreign Lawyers
Until relatively recently only foreign lawyers who had completed three years of legal study deemed to be equivalent to the US JD, and who had completed their study in a Country whose Jurisprudence was based upon the principles of English Common Law, could apply to sit the New York Bar Exam. This had the effect of allowing those in the UK with an LLB to sit the Bar Exam but precluded indefinitely all those with an alternative undergraduate degree who had then gone on to complete their law conversion and LPC. Presently, for qualified lawyers without an LLB (or its equivalent in any other country whose jurisprudence is based on English Common Law) the New York Bar can be taken following the completion of a full or part-time programme consisting of at least 20 semester hours of credit (which takes just less than a year) in professional law subjects at a US Law School approved by the New York State Board of Law Examiners.
So, while non-law graduates can now make the move to New York, the reality is that, given the relative impracticality involved, it remains those with a law degree who have the best opportunity to make a successful transition.
New York firms will sponsor lawyers from the UK and other Common Law jurisdictions to sit the Bar exam, and often a period of study leave will be incorporated into any contract of employment. However, the costs involved in arranging a visa, bringing a lawyer over and paying for their Bar exam, combined with both the calibre of lawyers sought and the particular practice areas for which they are required (see below), make it hugely difficult to place anyone lacking either an exceptional academic record or post qualification experience at a leading firm in their particular jurisdiction and practice area.
Principal Areas of Demand
The demand for non-US qualified lawyers in New York is essentially market-driven, and caused by a lack of supply of home-grown lawyers with relevant experience in what are seen as the more international areas of law.
In particular:
- Banking and Finance
- Capital Markets
- Derivatives
- Securitisation
- IT/Outsourcing
- Corporate
- Private Equity
And also:
- Projects
- Energy
- And more rarely Litigation
- Remuneration & Benefits
Remuneration & Benefits
Salaries generally tend to be the highest in the world, with the Wall Street law firms leading the marketplace. Newly qualified lawyers can earn between $140,000 to $150,000 plus an often substantial bonus (which will tend to be uniform across all firms). Ex-pat packages in New York are rare unless a firm has asked you to relocate, but in any event the packages are such that good accommodation is easily affordable.
Outside the Office
New Yorkers are known to have a strong work ethic, but with most lawyers living a stone’s throw from their office there still appears to be plenty of time to party. There is so much to do and see in New York that it would be hard to say that someone had done everything there is to do. The city is host to leading ballet and opera companies, to Broadway, and offers a choice of thousands of bars and restaurants, right on your doorstep.
New York is also ideally placed for a weekend at the beach (The Hamptons) or skiing (Upstate New York).
Cost of Living
Accommodation in New York has historically been very expensive, though with the salaries on offer it is easily affordable. Rent for a one bed apartment in Manhattan is currently between $1,500 and $2,500 per month.
California
The California bar exam is directly available for UK lawyers who have qualified via the CPE route (without the year of Law School required to sit the New York Bar). However, it has one of the highest failure rates in the Country.
Currently the opportunities on the West Coast are growing: firms will consider excellent candidates.
Waiver
Most states waive in lawyers who have qualified in other states. However they usually require the individual to have practiced law in that state, so it would be rare to complete the California bar and then go straight to New York to work.
At present the appetite for ‘foreign qualified’ lawyers in California is limited. It is expensive to hire this way and difficult to obtain visas. However, given the current economic climate, opportunities to join firms on the west coast are increasingly evident and very attainable for the right lawyers.
For further information on the legal market and job opportunities in the United States please contact your nearest Taylor Root office:
London:
Guy Adams E: guyadams@taylorroot.com T: 020 7415 2828
Dubai:
Shane Morton E: shanemorton@taylorroot.com T: +971 4 319 7601
Hong Kong:
Michael Luckett E: michaelluckett@taylorroot.com.hk T: +852 2973 6333
Sydney:
Sandra D'Souza E: sandradsouza@taylorroot.com.au T: +61 (0)2 9236 9000
Melbourne:
Tim Fogarty E: timfogarty@taylorroot.com.au T: +61 (0)3 8610 8400