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By Caroline
S. West
A masters of law (LL.M.) from an American law school can
expand your horizon and change the direction of your legal
career. When applying to LL.M. programs, you should
consider the career path you want to follow post-LL.M. as
your choice of school can affect your post-LL.M.
opportunities. As an LL.M. applicant, one of the first
questions you must ask yourself is whether you want to
practice law in a law firm in the U.S., work for an
international organization in the U.S. or another country,
or return home to practice law.
“Optional Practical Training” in the United States
If you want to work in the United States for one year or
less, and then return home, there are several options.
First, students on F-1 visa status are entitled to one
year of Optional Practical Training (OPT), during which
time employment is authorized in the United States. In
many law schools where there is an LL.M. program for
foreign law graduates, receptions or other meetings will
be held so that students can learn more about practice
options in that metropolitan area. If you want to take
advantage of this OPT year, you should research the law
firms that hire “foreign associates.” How do you decide
which firms to target? A first step is to research whether
the firm has clients or an office in your country of
origin. If so, that firm may be more likely to need a
foreign associate with your particular legal background
and languages.
Some LL.M. programs also have “internship programs”
whereby LL.M. graduates can obtain unpaid internships with
law firms, corporations or judges to see the law from a
practical perspective that enhances their academic
training. When evaluating such programs, however, a
prospective LL.M. student should look closely at the
nature of the specific internship program. Although some
LL.M. programs indicate that their students or recent
alumni have obtained internships with top legal employers,
many programs note that these internships are not
necessarily available every year, are not guaranteed and
that, if offered, the internships are granted on a
competitive basis only. Only a very small number of LL.M.
programs for foreign law graduates have internship
programs that actually offer each LL.M. student the
opportunity of an internship during the summer following
graduation. Although usually unpaid, these internships
provide invaluable experience and can sometimes lead to
other employment. These “practical training” internships
can be especially important for those LL.M. students who
want to return home after their LL.M. program finishes, or
are required to return home in accordance with particular
grant or fellowship obligations.
Practicing Law in the United States
If you want to practice law in the United States, you must
obtain a license to practice law. In order to obtain a
license to practice law in the United States, all
candidates must apply for bar admission through a state
board of bar examiners. Although this board is ordinarily
an agency of the highest court in the jurisdiction,
occasionally the board is connected to the state’s bar
association. The criteria for eligibility to take the bar
examination or to otherwise qualify for bar admission are
set by each state.
In order to sit for the bar examination, most states
require an applicant to hold a Juris Doctor (J.D.) degree
from an American Bar Association (ABA)-approved law
school. For those individuals who have not earned a J.D.
degree from an ABA-approved law school, bar admission
authorities have developed varying requirements and
criteria to ascertain if such individuals meet the minimum
educational requirements for bar admission. In most U.S.
jurisdictions, individuals who lack a J.D. are ineligible
to take the bar exam. In some of the remaining states,
however, graduates of foreign law schools who possess an
LL.M. from a U.S. law school are eligible to take the bar
exam. A few other states recognize with regularity the
sufficiency of a specific foreign legal education.
Finally, a number of states offer an alternative limited
practice mechanism known as a Foreign Legal Consultant
which allows one to give advice only on the foreign law
where one is licensed. Currently, eighteen states in the
U.S., including Puerto Rico, allow foreign law graduates
with additional education at an ABA-approved law school to
take the bar examination. However, state bar admission
rules vary widely, and LL.M. applicants who want to take a
bar examination in the U.S. would be well-advised to
contact the state board of bar examiners in the state(s)
in which they are interested in being admitted to
ascertain its requirements to sit for the bar examination.
If you want to practice law in the U.S., you should be
looking for an LL.M. program which will give you the most
access to take some of the subjects that are tested on
state bar exams. Some LL.M. programs, due to J.D. student
course requirements, limit the ability of LL.M. students
to take “core” J.D. classes, i.e., those that are tested
on the Multistate Bar Exam (MBE) and individual state bar
exams. These “core” courses – Contracts, Property,
Criminal Law, Civil Procedure, Constitutional Law,
Evidence, and Torts – are taught at all U.S. law schools.
To take a bar exam in a particular state, there is no
requirement that you attend an LL.M. program in that
state. You, however, would be well-advised to take a
post-graduation “prep” course for the particular state bar
exam you plan to take. Information on these prep courses
is available in every law school.
Post-LL.M. Employment: General Considerations
Another factor you should consider when applying to LL.M.
programs is which program will give you the attention you
need and want so that you can excel in your area of
interest. For example, for some students, attending a
smaller LL.M. program is advantageous because the
opportunity to receive individualized attention, as well
as stronger faculty-student interaction, can result in
post-LL.M. opportunities. The reason for this is that, in
a smaller program, faculty members have a greater
opportunity to get to know you, your skills and talents.
Based on your interaction with them throughout the course
of the year, faculty may be more willing to assist you in
achieving post-LL.M. goals.
Another factor to consider when choosing an LL.M. program
is whether you are required to complete a “thesis” and
whether LL.M. faculty in that school will assist you in
publishing your thesis paper in a legal journal. A
publication credit in a well-regarded legal journal can
have a positive affect on your career.
If you plan to work for an international organization or
to return home to practice law, you should look closely at
LL.M. program faculty and alumni. Often, it is LL.M.
faculty or alumni who have contacts with or have worked
for particular international organizations or law firms
that can open doors for you.
Finally, in considering any LL.M. program, it is most
important to remember that simply having an LL.M. from an
American law school means little unless you use the
contacts, resources and networks that the law school makes
available to you to achieve your goals.
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