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How can an Indian lawyer be eligible to practice in the United States? What do the US rules state? This post discusses how an India-qualified lawyer (with a 3-year or 5-year LLB degree) can practice in the United States, without having to pursue the undergrad law degree, that is, the Juris Doctor or J.D. in a US college.
As per § 520.6 of the Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law, lawyers who have qualified from a common law jurisdiction and pursued law for more than 2 years) can submit their law degrees for ‘review and analysis’ – if this process is successful they will not be required to take the New York Bar exam.
This rule will be applicable to Indian students. However, this is easier said than done, and the review process by the American Bar Association (ABA) can take quite long, as much as or longer than one year. There is also no guarantee that the degree will be approved.
What is the alternative? The rules state that those who did not pursue a 2-year law degree or who qualified from a non-common law jurisdiction need to pursue an LLM in the US, before being eligible to take the exam. This option is typically the one used by Indian lawyers who want to obtain US-qualification as well.
Which bar exams are necessary to qualify for practice in New York?
Under the US system, the bar exam of any state has two components:
- Multi-State Bar Exam – This is based on federal laws. Recall that US has a very clear distinction between federal law and state law system. This exam tests you on constitutional law, evidence, contracts, torts, criminal and real estate and trusts.
- State Bar Exam of the relevant state where one seeks to practice.
Is an online LLM sufficient for being eligible to take the New York bar exam?
The cost of an LLM degree in the US can be quite significant, and can easily be anywhere between INR 30 – 60 lakhs for a one-year program. Tuition in the US is already very expensive, but a substantive component of this is the high living cost there.
Many US universities such as New York University, Boston University and Northwestern University offer online LLMs. An online LLM offers few advantages over a classroom LLM – it can be taken by lawyers who can continue to work in India, while pursuing the degree, they do not need to incur living costs in US (this is the biggest cost advantage) and in some cases tuition fees may also be lower. The next question is – does an online LLM qualify one to sit for the New York Bar Exam?
The New York rules are very clear about how the LLM degree must be acquired, in order to qualify you to take the New York Bar Exam:
[LLM instruction] shall be in classroom courses at the law school in substantive and procedural law and professional skills.
x – x – x
[A]ll coursework for the program shall be completed at the campus of an American Bar Association approved law school in the United States.
x – x – x
No credit shall be allowed for correspondence courses, on-line courses, courses offered on DVD or other media, or other distance learning courses.
The above excerpts categorically explain that pursuing an online LLM will not qualify you for practice in New York.
Did you find this useful? Are you looking to practice in another state in the US or in another country? Let us know by commenting below. In case you have already given a US state bar exam, we would love to hear about your experience.
For reference, Rule 520.6 is reproduced below.
Rule 520.6 of the NY Bar exam -Study of Law in Foreign Country; Required Legal Education
(a) General. An applicant who has studied in a foreign country may qualify to take the New York State bar examination by submitting to the New York State Board of Law Examiners satisfactory proof of the legal education required by this section.
(b) Legal education. The applicant must satisfy the educational requirements of either paragraph (1) or (2) of this subdivision.
(1) The applicant shall show fulfillment of the educational requirements for admission to the practice of law in a country other than the United States by successful completion of a period of law study in a law school or schools each of which, throughout the period of the applicant’s study therein, was approved by the government or an authorized accrediting body in such country, or of a political subdivision thereof, to award a first degree in law, and satisfaction of the following requirements:
(i)(a) Durational requirements. The program and course of law study successfully completed by the applicant was substantially equivalent in duration to the legal education provided by an American Bar Association approved law school in the United States, and in substantial compliance with the instructional and academic calendar requirements of section 520.3(c)(1)(i) and (ii) and (d)(1) of this Part; and
(b) Substantive requirements. Such other country is one whose jurisprudence is based upon the principles of English Common Law, and that the program and course of law study successfully completed by the applicant were the substantial equivalent of the legal education provided by an American Bar Association approved law school in the United States.
(ii) Cure provision. An applicant who does not meet the requirements of subparagraph (i)(a) or (i)(b) may cure either the durational or substantive deficiency, but not both, under the following circumstances:
(a) Durational deficiency. If the applicant does not meet the durational requirements of subparagraph (i)(a), the applicant may cure the deficiency by providing satisfactory proof that the applicant has at least two years of foreign legal education that meets the substantive requirements of subparagraph (i)(b) and that the applicant has graduated from an LL.M. degree program at an American Bar Association approved law school in the United States meeting the requirements of subdivision (b)(3) of this section.
(b) Substantive deficiency. If the applicant does not meet the substantive requirements of subparagraph (i)(b), the applicant may cure the deficiency by providing satisfactory proof that the applicant meets the durational requirements of subparagraph (i)(a) and that the applicant has graduated from an LL.M. degree program at an American Bar Association approved law school in the United States meeting the requirements of subdivision (b)(3) of this section.
(2) The applicant shall show admission to practice law in a country other than the United States whose jurisprudence is based upon principles of English Common Law, where admission was based upon a program of study in a law school and/or law office approved by the government or an authorized accrediting body in such country, or of a political subdivision thereof, and which satisfies the durational requirements of subparagraph (1)(i)(a) but does not satisfy the substantive requirements of subparagraph (1)(i)(b) of this subdivision, and that such applicant has successfully completed an LL.M. degree program at an American Bar Association approved law school in the United States meeting the requirements of subdivision (b)(3) of this section.
(3) An LL.M. degree shall be satisfactory to qualify an applicant otherwise meeting the requirements of subsections (b)(1)(ii) or (b)(2) to take the New York State bar examination provided the following requirements are met:
(i) the program shall consist of a minimum of 24 credit hours (or the equivalent thereof, if the law school is on an academic schedule other than a conventional semester system) which, except as otherwise permitted herein, shall be in classroom courses at the law school in substantive and procedural law and professional skills;
(ii) a minimum of 700 minutes of instruction time, exclusive of examination time, must be required for the granting of one credit hour;
(iii) the program shall include a period of instruction consisting of no fewer than two semesters of at least 13 calendar weeks each, or the equivalent thereof, exclusive of reading periods, examinations and breaks, and shall not be completed exclusively during summer semesters, but a maximum of four credit hours may be earned in courses completed during summer semesters;
(iv) the program shall be completed within 24 months of matriculation;
(v) all coursework for the program shall be completed at the campus of an American Bar Association approved law school in the United States, except as otherwise expressly permitted by subdivision (b)(3)(vii);
(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) a minimum of two credit hours in legal research, writing and analysis, which may not be satisfied by a research and writing requirement in a substantive law course;
(c) a minimum of two credit hours in American legal studies, the American legal system or a similar course designed to introduce students to distinctive aspects and/or fundamental principles of United States law, which may be satisfied by a course in United States constitutional law or United States or state civil procedure; credit earned in such course in excess of the required two credit hours may be applied in satisfaction of the requirement of subdivision (b)(3)(vi)(d); and
(d) a minimum of six credit hours in other courses that principally focus on subject matter tested on the New York State bar examination.
(vii) The program completed by the applicant may include:
(a) a maximum of four credit hours in clinical courses, provided (1) the clinical course includes a classroom instructional component in order to ensure contemporaneous discussion, review and evaluation of the clinical experience; (2) the clinical work is done under the direct supervision of a member of the law school faculty; and (3) the time and effort required and anticipated educational benefit are commensurate with the credit awarded; and
(b) a maximum of six credit hours in other courses related to legal training taught by members of the faculty of the law school or of the university with which the law school is affiliated, or taught by members of the faculty of any university or college with which the law school offers a joint degree program, provided such courses must be completed at the campus of such university or college in the United States.
(viii) No credit shall be allowed for correspondence courses, on-line courses, courses offered on DVD or other media, or other distance learning courses.
(c) Proof required. The applicant shall submit to the State Board of Law Examiners such proof of compliance with the provisions of this section as the Board may require.
(d) Effective date for implementation. Except for the requirements of subdivisions (b)(3)(iii), (v) and (viii), which are effective May 18, 2011, the provisions of Rule 520.6(b)(3) shall first apply to LL.M. programs commencing during the 2012-13 academic year and to applicants applying to take the July 2013 bar examination, subject to the saving clause of Rule 520.1(b).
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