How can a UK Lawyer work in the USA?

Dec 08, 2022

Written By Yi Kang Choo

If you have always had that ‘American Dream’, being able to work in the USA might be a desirable option. While it’s possible to work in the USA as a UK lawyer, the key questions are how can you work in the USA, and what are key points you should look out for as a foreign qualified lawyer?

Working in the USA, how different/similar it is with the UK?

Even though the USA has uniquely adopted different legal systems/regulations across the different States it has, the legal system generally is also heavily based on precedents just as how the common law system works in the UK.

Especially in states that act as international business and legal hubs, such as New York and California, they have developed state-specific regulations to swiftly admit foreign-trained lawyers to the bar. This is also a result of the delegated powers that allowed states in the USA to have certain judicial and legislative powers, on top of federal governance and regulations.

Qualifying through the USA Bar depending on States Requirements

States that have opted to include the Uniform Bar Exam (UBE) allow lawyers who passed through the exam to be able to practise in all UBE states. 41 jurisdictions have adopted the UBE, with new ones being added fairly regularly.

Since there isn’t any clear distinction between a solicitor and barrister, compared to the UK, anyone who has passed the bar will be eligible to fulfil both legal duties.

On top of the UBE, the New York Board specifically welcomes foreign-trained lawyers to directly sit the bar if they have completed recognised legal education in a common law system such as the UK’s LLB programme. The New York Board of Law Examiners will perform an Advance Evaluation of Eligibility, looking for three years of in-person education, with a main focus on common law.

Upon a wait of a year maximum for the evaluation to be made, UK lawyers will then need to prepare for the vigorous bar examination which may take up to six - twelve months of preparation and studies.

For any lawyers who might not qualify for the initial evaluations, they are encouraged to undertake a Masters in Law (LLM) Programme in a USA university, or consider qualifying in other states which might have a much more lenient option.

For example, Californian invites fully qualified lawyers to sit the California bar examination directly, which may significantly reduce the time/hurdles a UK lawyer had to undergo prior to be able to work in the USA.

Working as a Foreign Legal Consultant

UK lawyers who would like to work in the USA but do not intend to sit for the bar exams can consider becoming a Foreign Legal Consultant in the USA. Despite having limited power and only being able to provide certain legal services that are permitted in the role, this is a far shorter and less complicated way to work and represent clients in the USA.

Qualified foreign lawyers will need to apply to work as a Foreign Legal Consultant through the State Bar Office.

Transferring through lateral hire or internal secondments

Finally, in terms of getting a role/job in the USA, it is definitely not impossible for UK lawyers to be hired by USA firms, but the process can be notoriously competitive, especially since there will need to be a good reason for firms to hire and sponsor your visa to work and stay in the USA.

To be considered, most UK lawyers will be required to have at least a few years of relevant post-qualification experience, and have strong work portfolios in key practice areas such as Corporate, Finance, Funds or Regulatory alongside professional exposures to core USA markets. Your academics should also be outstanding.

It may also be much easier to be internally assigned to the USA office whilst working at a USA firm in the UK, or undertaking international secondments to the USA that are being offered in several law firms in London.

Such internal shifts with pre-existing networks and pathways constructed by large international law firms might be less stressful and tricky compared to filing for evaluation and taking the Bar.

Working in Law Abroad