It should be accepted as fact that a legal profession will always entail considerable difficulties, regardless of wherever it is being practiced. The expanding global interconnections between the nation of India with the rest of the world widened the availability of international legal opportunities for new lawyers and even law graduates& post-graduates. One of the highly lucrative and lofty prospects to lawyers & graduates is the pursuit&/or development of legal career by practicing law in a foreign country or with an international organisation.
THE MANDATORY PROCEDURES BEFORE PRACTICING LAW ABROAD
To qualify, the following requisites must be met:
- Acquire a law degree of any subject of law from a recognised academic institutions of law (SLS Pune, NALSAR Hyderabad, National Law University, Delhi) after finishing either a 5 year or a 3 year integrated program (BA LLB, BBA LLB, LLB, BA LLB (Hons).
- Practice law as a litigator or a private attorney for a minimum of 3 years and above.
- Go to the Bar Council of the state that you choose to practice and become a member by registering yourself as an actively practicing law advocate.
- Learn the official languages of the foreign countries. It is all the more beneficial if the language of choice is commonly spoken among a large number of countries i.e French which is spoken commonly in countries such as Switzerland, Belgium, Canada, Monaco, Haiti, Ivory Coast etc.
- The foreign countries that need the attorneys, will hold exams to test the attending candidate’s knowledge of the local legal system and jurisdiction. These exams differ in structure and content as per the convenience of the desired country(s). Candidates who have successfully gained high scores from these exams will be allowed the admission & choice to practice law or offer their legal services in any one among the group of countries that have held the qualifying exams. It is the last step that requires the lawyer to go to the country of interest to write the exam.
| Country of Choice | Separate Mandatory Assessment(s) of each Country | Further Details |
|---|---|---|
| Switzerland | Pass an equivalent assessment held by the Swiss Federal Office of Justice. Write the Switzerland Bar exam. | Since India is neither an EU nor EFTA member, the lawyers must obtain a work permit through their employment contract with their employer. The employer (being a Swiss citizen) must apply for a work permit from the cantonal labour authorities which, upon approval, will be later sent to the State Secretariat for Migration. The lawyer must also obtain a residence permit at the registration office of the chosen settlement only after the world permit is received. If some of the relevant qualifications such as language proficiency, academic records, law degree certificates from India etc do not satisfy the assessment by the Swiss FOJ, then the FOJ will hold additional exams. To practice law in Switzerland, one is required to finish a 3 year LLB program in order to obtain the certificate. For lawyers who want to enter the Swiss Bar Council, they must finish 2 years of LLM program with an official certificate. |
| UK | Solicitor Path:Solicitors Qualifying Examination.Legal Apprenticeships.Barrister Path: Law module Assessments and Bar Standard Test from the Bar Standard Board. | The legal profession in U.K (England, Wales, Scotland and North Ireland) consists of Barristers (usually self-employed lawyers specialising in advocacy and litigation) and Solicitors (lawyers who give legal advice to a client outside of court). A Barrister Path has 3 stages but an experienced foreign lawyer can be exempted from the stages and can proceed to practice if they apply to the Bar Standard Board and pass its assessment. Undergraduate and Postgraduate degrees from India are recognised in U.K as valid credentials. |
| UAE | Registration through the Dubai department of Legal Affairs which will hold a test to assess the skills of the lawyer. | Any foreign lawyer can practice in any area of law except litigation. Drafting, communication skills and legal knowledge will be some of the most critical requisites. A degree from any Law Program in India is held valid. Indian lawyers like any foreign lawyer, must be introduced by the local legal agrncy or law firm. |
| Canada | National Committee on Accreditation Examwhich determines whether the foreign candidates can practice law in Canada. | The Federation of Law Societies of Canada (FLSC)& the NCA recognises all Indian Law degrees with the most commonly accepted degree being the LLB degree. The NCA exam can be taken online through the official site (https://nca.legal/exams/online-exam-rules/). |
| Australia | Complete a law degree (LLB) from an Australian Institution.Finish a Practical Legal Training (PLT) program which to get a Graduate Diploma of Legal Practice.Application to the personally chosen State or territory’s Admission Authority (Legal Practitioners Admissions Board) within 5 years of graduation. | A Foreign Lawyer allowed to practice in Australia can legally do so with or without a professional office. Unless the Lawyer had migrated to Australia, they/she/he can fly back and forth to Australia to practice Law for 90 days of stay in any part of a 12 month period. The lawyer is entitled to give their legal services to Australian clients from the home country The foreign lawyer is only required to register with an Australian Legal regulatory body if they want to practice for more than 90 days in any 12-month duration. |
| Sweden | Study the Swedish 5 year or 3 year integrated law programs followed by a MA program of 2 years in order to obtain a Swedish law degree. Apply for membership to the Swedish Bar Association. | While meeting the other requirements, Indian lawyers who wish to apply must have either the LLB degree or the LLM degree to meet part of the criteria. |
| Singapore | Registration to the Legal Services Regulatory Authority (LSRA) of Singapore and attending the Foreign Practicioner Examinations. | The foreign lawyers who registered with the LSRA and have passed the examinations will be allowed to practice law officially on Singaporean territory under the Legal Profession Act. |
| Germany | Application to any German Bar Association. Aptitude examinations for Equivalent Professional Qualification under Section 16 of Eurag Act which managed by: General Assessment office for the State of Baden-Württemberg and the Free States of Bavaria and Saxony. General Assessment Office of the States of Hessen, North-Rhine Westphalia, Rhineland-Palatinate and Thuringia. General Assessment Office of the States of Berlin, Brandenburg, the Free Hanseatic City of Bremen, the Free and Hanseatic City of Hamburg, Mecklenburg-Vorpommern, Lower Saxony, Saxony-Anhalt and Schleswig-Holstein | It is one of the more difficult countries for foreign lawyers. The Application to any German Bar Association required the foreign lawyer to provide the necessary evidences describe din Section 1 of the German Act on Employment of European lawyers in Germany. – The Bar Association of choice depends on where the lawyer will practice and can be picked through the German Federal Bar Website (https://www.brak.de/english/). If the application gets approved by the Bar Association before a comprehensive review, then the foreign lawyer will be officially approved to practice law under the title of “Rechtsanwält: in” according to Sections 1 to 3 of the Federal Code for Lawyers. It is always necessary for the foreign lawyer to indicate the state they had obtained their law degree from or the professional organisation they belong to in brackets while referring themselves in their title i.e [Rechtsanwält:in (India/Indien)]. If the lawyer is admitted to the bar association as a german in-house lawyer/legal counsel (Syndikusrechtsanwält:in), she/he/they must add the title “Syndikus” in brackets.If the foreign lawyer has been practising as a European lawyer in Germany for at least 3 years, they/he/she can apply to be admitted to the relevant Bar Association. The lawyer must be practising in the regions that are subject to German law – including EU law.Likewise, the professional title while indicating the respective State must be officially referred to by the lawyer. |
| USA | Application to the Bar Exam of any U.S state in order to obtain admission into the Bar Association of the respective State. | Each U.S. state and jurisdiction has its own court system and sets its own rules and standards for bar admission. Obtaining admission allows the lawyer to practice law but within boundaries of the state where they/she/he had taken the bar exam. As a mandatory requirement, a foreign lawyer must have either one of the three law degrees: An LLM degree.Foreign LLM degrees are recognised in U.S.A but barely suffices for one bar exam due to heavy competition for seats and if the foreign lawyer came from a country that practices civil law. The Indian lawyer must obtain an LLM degree from a U.S law school which shall pass through the Bar Exam criteria of 5 states: New York, Wisconsin, Washington, California and Georgia. A Juris Doctorate (JD). It is advantageous to foreign lawyers as it covers all international legal subjects and is the basic law degree capable of equating the foreign lawyer on the same level as the U.S lawyer. A two year accelerated JD which is more affordable than the other two options but has limited experience in law journals and law clinic practice. The Bar Associations of all 30 states have slightly differing criteria that is prone to changes which should be known in advance. |
CONCLUSION
Once again, being a lawyer and working abroad is a very lucrative and lofty prospect. Depending on whether this is an option of viability, it is a decision that needs to be made with a fully conscious mind & clarity. Despite the difference in the path set by each foreign country, it only required a thorough understanding and willingness to want to do it.
