Question from European Father: My son, a US citizen, is completing his undergraduate education in the UK and eventually wants to practice law there. What are the pros and cons of his attending law school in the US and then practicing in the UK?
Janet: Which educational path your son chooses really depends on his long-term goals. For example, where does he want to be based in the long-term? What kind of law does he want to practice? If he knows that he wants to be based in the UK, then a UK law school seems the easiest and most logical choice. It’s very helpful to have close connections with law school peers down the road for networking purposes, and so having a lot of peers based in the UK would be helpful. Further, he would have the requisite education to take the bar exam, become licensed and practice law fully in the UK if he attends law school there. Note, however, that many (but not all) lawyers in the UK take law as their undergraduate course of study,
This wouldn’t preclude him from practicing in the US down the road, but he would (at least under the current laws) either have to work in the US just as a foreign visiting lawyer (because he wouldn’t be licensed to practice US law), or become qualified to practice law in the US (such as by obtaining a LLM degree from a US law school, for example, and taking a bar exam in the state in which he wanted to practice.) Many states, like the State of New York, have more lenient rules for foreign lawyers trained in the common law who want to become qualified in New York.Your son’s area of interest might also dictate his choice of school. Certain areas of the law are more developed in the US (such as personal injury law) than in the UK, and so this might influence his choice. Conversely, there are other areas of the law for which he would be better served to have a UK law degree, such as if he wanted to focus on laws of the European Community.
Certain law schools are also known for excelling in certain kinds of law, and so he might opt for a school with a good program in his chosen specialty.
If he obtains a US law degree but returns to the UK to practice, he will be licensed to practice in the US, not the UK. Certain law firms and corporations with offices in the UK do hire US trained lawyers, especially to handle sophisticated corporate and securities transactions, it seems. In fact, most of the major US firms have branch offices there. However, these positions are much sought after and quite competitive to get. If he has a US law degree, your son could also take the Qualified Lawyers Transfer Test (assuming he meets the prerequisites), or get additional legal training in the UK and take any applicable UK exams so as to qualify him to practice in the UK. More information for attorneys wanting to qualify to practice in the UK can be found at: http://www.legaleducation.org.uk/Careers/thebar.php#clp If it is too soon for him to answer these questions, he might apply to a variety of schools in both jurisdictions and then pick the best school that accepts him and appeals to him.
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