Working in the USA
Admission to practice
The American legal profession is regulated at the state level by the highest court of each state. Admission to appear before a federal court usually requires admission to the highest court in a state as well as admission to the court before which you are appearing. A U.S. attorney (lawyer) can practise and appear in the courts of the jurisdiction/state in which he/she was admitted.
Attorneys may have rights of practice and audience in other states by virtue of rules which allow for admission 'pro hace vice' (‘for this event'), where an attorney is not admitted to practice in a certain jurisdiction but has been allowed to participate in a particular case in that jurisdiction. In addition, some state bars allow for "Admission on Motion", i.e. admission to another state without examination for attorneys already qualified in one U.S. state.
The criterion for such admission differs from state to state, but it usually involves minimum periods spent in practice. There are also reciprocity agreements between many states to allow an attorney licensed in one to be admitted to practice in another under certain conditions, e.g. length of practice.
If you are interested in applying for admission in a specific state you should contact the relevant state bar for up-to-date information on the admission policy.
State Bar membership
US State Bars fall into 2 categories:
- Unified State Bars: membership is compulsory in order for an attorney to be able to practise; membership, therefore, serves the purpose of a practising certificate.
- Non-Unified State Bars: membership is voluntary and as such, these bars have no regulatory powers.
Qualifying for the State Bar
Most states require a three year American law degree (Juris Doctor) in order to sit the state bar examination. Some states recognise equivalent foreign legal qualifications or admittance to a foreign bar in an English common law jurisdiction but may require the applicant to take further courses in U.S. law at an ABA approved law school.
A fully comprehensive guide to the Bar Admission Requirements can be downloaded from the National Conference of Bar Examiners and it includes a directory of state bar admission agencies. Refer to the section concerning Foreign Law Graduates for full details of exemptions by each state bar. Exemptions must be made in writing.
You should also contact the state bar admission agency for up to date and detailed information about the application procedure for Foreign Law Graduates. You may be required to apply for eligibility to be admitted to the state bar before you can apply to take the bar exam or apply for admission.
The American Bar Association
On a national level, the profession is represented by the American Bar Association (ABA). Membership of the ABA is not compulsory, although it does have approximately 400,000 members. The ABA holds an annual meeting, which is the largest annual gathering of lawyers in the world, and is attended by approximately 12,500 international lawyers.
The Law Society organises a programme of events at the ABA 's annual meeting in order to raise awareness of the solicitors' profession and to facilitate contacts between English and Welsh solicitors and American attorneys.
The ABA 's next annual meeting will be held in San Francisco , CA in August 2010.
Further information
For more information about working in other jurisdictions see the Law Society's International Division website