In one of my favorite scenes of Animal House, Otter tells another fraternity brother to relax, because he is pre-law. He’s then told that everyone thought he was pre-med, to which Otter, always quick with a word, replies that they are the same thing.
Such is the versatility of pre-law; outside of guidance that it should involve plenty of writing and critical thinking, law schools don’t offer a lot of suggestions as to what pre-law actually is. As such, tens of thousands of history and political science majors flood LSAT prep courses every year.
Of course, European countries largely avoid this by skipping the whole idea of pre-law, as it is a field open to undergraduate study across the pond. Making things even more perplexing, and all the more of a tease, is the fact that some American jurisdictions welcome foreign law grads.
That temptation may prove to be a bit too much for many people, but for some of them, it’s actually a great way to save time and money. However, before anyone gets any ideas of going overseas to become a lawyer faster, there are a few things worth knowing.
What Tradition of Law?
First, we need to talk about what tradition of law you’d be studying. The legal traditions of the world are broadly divided into civil and common law. Unless you live in Louisiana, American law is common law. As a gross oversimplification, that means that law is made, in part at least, by judges through precedent. The US, UK (except Scotland, which uses a hybrid system), Australia, Ireland, New Zealand, and Canada (except, you guessed it, Quebec) all use common law.
Meanwhile, pretty much the entire rest of the world follows civil law. Civil law is code-based law, meaning that there are very specific codes applying to everything. These can be really straightforward, as in France, or very convoluted, as in Germany.
Yes, there are other legal traditions, but even Islamic law largely uses civil law for a number of administrative, commercial, and other legal fields.
Knowing what tradition of law you want to practice is half the battle. Here’s the rest of it:
Where Do You Want to Practice?
If you’re reading this and are from North America, congratulations, most places will let you stick around after you graduate to practice law. If you happen to like the idea of living a hefty portion of the rest of your professional life abroad, then you’re set.
Oh, you wanted to come back to the US? Then it’s going to be a bit more complicated.
Every state has its own policies regarding foreign educated lawyers. Some states, like New York, California, and Texas, as well as the District of Columbia, make it relatively easy to apply a foreign law degree to local practice. While even these four jurisdictions differ, having a degree from a common law background as well as an American LLM (a one year masters in law that will allow you to take American legal subjects) typically does the job.
Other states, like Florida, often have a requirement for the applicant to practice for a number of years first. Still other states, like Tennessee, have an either or, allowing either an LLM or so many years of foreign legal practice. Finally, some states, like Virginia, will not consider a foreign legal degree at all.
Complicating factors is that states do routinely change this. A decade ago, Virginia accepted foreign law grads from common law countries with an LLM. New York and California are unlikely to change, but other states might. We’ll talk more about those requirements in a bit.
What Do You Want to Practice?
Next, you should figure out what type of law you want to practice. Not surprisingly, those who want to deal with international law and corporate law will do well getting an overseas law degree. In some cases, if you manage to get a Big Law job abroad, you’ll be able to work in the US (or anywhere else) as well; one friend of mine used his law degree from the UK to work in Germany, Egypt, and Singapore, all for the same firm.
If that globetrotting lifestyle sounds fun, then great! However, if you’re looking to join a regional firm back in the US, be careful. Jobs at many of those firms depend on networking and law school job fairs. If you’re naturally gifted at networking (or willing to put in the effort), then some hiring partners will regard your foreign law degree (and likely LLM) as an asset.
Finally, if you want to put out your own shingle (or perhaps join a smaller firm where you already have an existing relationship), then an overseas law degree may not be so bad. Once you’re admitted to the bar, you’re in, and that could save you time and money in the long run.
Know What You Need
As I mentioned earlier, you’ll likely need an LL.M to practice law in the US, and that’s in those jurisdictions that allow it. California is a bit easier on this, but California is letting Kim Kardashian read law right now without a degree – let that one marinate. Also, the California bar exam is supposedly one of the hardest in the country.
In short, if you want to practice in the US, plan on an LL.M, even if you don’t actually need one. It will also help to build career connections, if nothing else.
If you’re looking to practice overseas, then a law degree alone is not enough. You’ll routinely have to do a professional course to learn how to be a lawyer, not just someone who has studied the law. In some places, like England, you have to decide on what kind of lawyer you want to be. While this is a gross simplification, solicitors face clients and prepare cases, while barristers are experts called in to make a particular argument. Put another way, solicitors are the project managers, and barristers get to wear wigs in court.
Are You Sure About Law?
Finally, and I know you dread this, are you sure about law? Lawyers have a high burnout rate, are overworked, and have high levels of job dissatisfaction. Be sure you want to be a lawyer before you consider an overseas law degree, make sure you like law. After all, you won’t be studying anything other than law.