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Qualified solicitor in England - getting mixed answers about how to qualify here!

Qualified solicitor in England - getting mixed answers about how to qualify here!

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Old Mar 4th 2010, 9:55 pm
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Default Qualified solicitor in England - getting mixed answers about how to qualify here!

So, I just moved here a few months ago and ideally want to continue in a legal job. I qualified as a solicitor in England last year following my training contract and moved straight over here. My problem is that some sites say I only need to take the MA bar exam, others say I'll need to do an LLM and some more say I need to take some law courses, but not a full LLM, followed by the bar exam ........ does anyone actually have a real idea of how to do this in MA?! I've emailed the MA Bar Assoc, but don't know how long it will take them to respond.
Additionally, if I do simply take the bar exam (which seems to be the majority opinion) I need a certificate from my law school - I didn't take an undergraduate law degree, so I don't think the bar board would accept me on that basis - do I replace that certificate with my certifiate showing I'm on the roll in England and Wales?
Thanks!
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Old Mar 4th 2010, 10:13 pm
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Default Re: Qualified solicitor in England - getting mixed answers about how to qualify here!

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Old Mar 4th 2010, 10:27 pm
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Default Re: Qualified solicitor in England - getting mixed answers about how to qualify here!

Originally Posted by hulaline
So, I just moved here a few months ago...

I qualified as a solicitor in England last year following my training contract and moved straight over here.
On what visa?

Rene
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Old Mar 5th 2010, 12:31 am
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Default Re: Qualified solicitor in England - getting mixed answers about how to qualify here!

C'mon give the guy a break!!!

He came on here for help for gods sake!

I think the first question you'll need answered is to how you hope to stay in the USA for a considerable period of time, if thats what you plan to do.


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Old Mar 5th 2010, 12:47 am
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Default Re: Qualified solicitor in England - getting mixed answers about how to qualify here!

Originally Posted by henryh
Now that's not very nice is it?

He may be able or unable to work depending on his.
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Old Mar 5th 2010, 2:14 am
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Default Re: Qualified solicitor in England - getting mixed answers about how to qualify here!

MA bar is pretty tough apparently....but you'll have to take that regardless to practice in MA, but what you need to do and take to be allowed to take the bar, I've no idea.

You've already contacted the bar association, that's a good start...perhaps also get in touch with law schools, Harvard should be able to help you out and if that's not a convenient location, it's not like there's a shortage of other good laws school who you couldn't ask....
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Old Mar 5th 2010, 2:32 am
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Default Re: Qualified solicitor in England - getting mixed answers about how to qualify here!

How feasible is it to work for a corporation as an in-house counsel with an out of state license (eg if qualified in New York or California)? Some states are more accessible to foreign lawyers than others.

Or could someone do the NY bar exam and look to become an MA attorney later on by reciprocity?
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Old Mar 5th 2010, 3:23 am
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Default Re: Qualified solicitor in England - getting mixed answers about how to qualify here!

Originally Posted by JAJ

Or could someone do the NY bar exam and look to become an MA attorney later on by reciprocity?
No, they'd have to take the bar exam and be eligible to take it apparently.
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Old Mar 5th 2010, 3:56 am
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Default Re: Qualified solicitor in England - getting mixed answers about how to qualify here!

Originally Posted by hulaline
So, I just moved here a few months ago and ideally want to continue in a legal job. I qualified as a solicitor in England last year following my training contract and moved straight over here. My problem is that some sites say I only need to take the MA bar exam, others say I'll need to do an LLM and some more say I need to take some law courses, but not a full LLM, followed by the bar exam ........ does anyone actually have a real idea of how to do this in MA?! I've emailed the MA Bar Assoc, but don't know how long it will take them to respond.
Additionally, if I do simply take the bar exam (which seems to be the majority opinion) I need a certificate from my law school - I didn't take an undergraduate law degree, so I don't think the bar board would accept me on that basis - do I replace that certificate with my certifiate showing I'm on the roll in England and Wales?
Thanks!
I don't have any experience of the MA bar, but can tell you my experience with the CA bar, especially since my situation was pretty close to yours in terms of experience when I arrived (although I practiced for a couple of years before coming over).
I was able to take the bar exam, but had to provide a number of a documents to the admissions department of the bar. I needed a certificate of good standing from the Law Society (about $150 I think), and I needed to give them my university and law college details so that they could obtain transcripts. I would definitely suggest giving them a call as opposed to waiting for an email response. I can't speak for the MA bar, but the rep I spoke to from the CA bar wasn't even sure if anyone looked at the email inquiries!
In terms of the bar, I think it is required across the board that everyone pass the MBE (multistate bar exam - multiple choice questions based on federal law, usually taken during the course of the bar exam itself), the MPRE (multistate professional responsibility exam - taken separately), and do a moral character determination.
That is pretty long winded, but I think the bottom line is that you need to get some guidance from the bar. There will be a bunch of hoops for you to jump through, lots of costs and admin fees to pay, and plenty of studying if you are thinking of actually taking the exam! Feel free to PM me if you think there are any questions I might be able to help with.
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Old Mar 5th 2010, 7:18 am
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Default Re: Qualified solicitor in England - getting mixed answers about how to qualify here!

Not sure about MA, but in CA you just have to take the Bar exam and (as mikec81 said) show them you're not a fraud or a crook.

But taking the bar is not necessarily a walk in the park for someone without a US LLM degree so at the minimum I would recommend spending a few months over here studying with one of the bar-prep places and having plenty of mock exams graded.

I had a friend (smart and successful solicitor in London) fail the CA bar exam twice (not so successful at that) despite a three month stint over here studying. My better half (a CA lawyer) said it was because he had the wrong mindset... he was trying to be too smart. A professor at her law school once told her that to pass the Bar you have to be a goat -- be sharp and aware but ultimately follow the herd, not try to be a lone wolf and outsmart the herder. I assume that means something to lawyers
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Old Mar 5th 2010, 10:38 am
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Default Re: Qualified solicitor in England - getting mixed answers about how to qualify here!

In Mass. whether you can sit for the bar is done on a case-by-case basis, though it may be changing soon.

http://www.law.com/jsp/article.jsp?id=1181293528610

"In Massachusetts, foreign-educated lawyers may take the exam if they are able to demonstrate their legal education was comparable to that of an accredited U.S. law school, which is often decided on a case-by-case basis. Two recent cases against the Massachusetts Board of Bar Examiners, which sets such rules, reached the state's top court."

You can become a foreign legal consultant but not technically practice law (nor make as much money as a US attorney):

http://www.abanet.org/cpr/mjp/flc_mass.pdf

You might get a better answer here at the LLM message board.

http://www.llm-guide.com/board/38574
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Old Mar 5th 2010, 3:37 pm
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Default Re: Qualified solicitor in England - getting mixed answers about how to qualify here!

Originally Posted by JAJ
How feasible is it to work for a corporation as an in-house counsel with an out of state license (eg if qualified in New York or California)? Some states are more accessible to foreign lawyers than others.

Or could someone do the NY bar exam and look to become an MA attorney later on by reciprocity?
I believe its possible, although am not an expert. Our companies has lawyers practicing in CA who have their bar from other states. Perhaps they're in the process of changing. They put a disclaimer at the bottom of their emails along these lines.
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Old Mar 5th 2010, 3:50 pm
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Default Re: Qualified solicitor in England - getting mixed answers about how to qualify here!

Originally Posted by emailrob
I believe its possible, although am not an expert. Our companies has lawyers practicing in CA who have their bar from other states. Perhaps they're in the process of changing. They put a disclaimer at the bottom of their emails along these lines.
I believe that the ABA rules allow attorneys to work across state lines in specific circumstances, but only temporarily. Corporate attorneys often use this rule to operate in different states when they are licensed in the state where the company has its headquarters, or when the subject matter they are working on still relates to the law in the jurisdiction they are licensed in.
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Old Mar 5th 2010, 4:15 pm
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Default Re: Qualified solicitor in England - getting mixed answers about how to qualify here!

Certain states have different rules for "in house counsels" such that they don't necessarily have to be members of the state bars. However, many companies will require local bar membership nevertheless as they will have legal issues in state (i.e. employment, real estate, financial matters) that require someone to do legal work in state. Others require foreign attorneys to take the local bar, but not all parts of it (i.e. say 60-75% of it). Others have reciprocity with certain states such that attorneys can go between states without much of a problem.

Reciprocity reform is something being talked about right now at the high levels of the American bar community. It's not immediately on the horizon but the push is definitely on to do away with the myriad of different rules. While there are, of course, some reasons for it, namely local laws that vary differently on everything from criminal procedure to getting a mortgage, many see it as cynical attempts by local states to get licensing fees and exert control of an industry to prevent out of state competition.
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Old Mar 5th 2010, 6:38 pm
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Default Re: Qualified solicitor in England - getting mixed answers about how to qualify here!

You might want to check in whether your Law Soc has reciprocal agreements with the MA Bar. The English Law Soc is not known for being very US friendly apparently, so often, the US Bars ain't too friendly back! I have a friend who experienced this in Texas. She is English qualified. They can make it really awkward, apparently.

I am Scottish qualified moving to Texas in a couple of months. I have no plans to sit the Texas Bar (because my feeble brain will have turned to mush by then). But watch this space, I might change my mind!
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