How Does an American with a Foreign LLM Practice Law in Europe?


Forgive me if this has been covered before...

If I get my LLM degree from the Netherlands, France, Austria or Switzerland, and I follow the procedures regarding exams and internships, etc., will I be able to eventually become a lawyer in these countries? Or will I be able to work in these countries without being consider a proper lawyer?

I've done research elsewhere, but I'm not sure if the rules I've found apply only to EU citizens.

Does having an LLM from a European country help you out if applying for a work visa or any other type of immigration papers?

I'm just thinking that once I get over there, I might like it so much that I don't want to come home... Thanks for the info!

Forgive me if this has been covered before...

If I get my LLM degree from the Netherlands, France, Austria or Switzerland, and I follow the procedures regarding exams and internships, etc., will I be able to eventually become a lawyer in these countries? Or will I be able to work in these countries without being consider a proper lawyer?

I've done research elsewhere, but I'm not sure if the rules I've found apply only to EU citizens.

Does having an LLM from a European country help you out if applying for a work visa or any other type of immigration papers?

I'm just thinking that once I get over there, I might like it so much that I don't want to come home... Thanks for the info!
quote
Urhilf

Becoming a lawyer in the EU, for non-EU nationals:

The competence to recognize non-EU lawyer academic titles or professional qualifications belongs individually to each member state of the EU - meaning: it's not for the EU to define rules applying to all the EU Member States in this regard.

The national legal system of the country where you want to become a lawyer is the one that's going to set the criteria to "recognize" your Law Degree or your Lawyer title (if you have already made an US bar exam for example, and you're already considered an "actual" lawyer in your country of origin).

This is obviously a different situation than the one that happens when a EU member state national citizen wants to work in another EU Member State and asks for "recognition" of it's Lawyer professional title. For more info on this specific situation: http://europa.eu/scadplus/leg/en/lvb/l23023.htm (also contais the link to the European Parliament and Council Directive 98/5/EC of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained).

This last paragraph describes the situation that any qualified lawyer in a EU Member State (originally qualified in such state member or a third party country lawyer that has already his lawyer title recognized in that Member State) must go through if he wants to "establish" in ANOTHER EU-Member State.

So, you are American and want to work in EU as a lawyer - 1st step: choose one country where to recognize your law degree or your lawyer title - in this case, I can only imagine that such procedure of "recognition" requires you to know the legal system of that country, and speak the language as well. Probably you'll have to do an exam that evaluates your knowledge of that legal system - this happens for example in Spain, where a lot of south-american lawyers come to work, and they have to recognize their Law Diploma in the Spanish Ministery of Education - It's a lenghty process, and most of the applicants for such recognition must approve 10 different exams in 10 different subjects (the exam is quite easy, because it only takes one morning to make all 10 exams - form 9AM till 2PM - leaving less than 30 min per subject thats being examined). After approving this exam in Spain, you can automatically "enroll" in any Spanish Bar Association - and you are automatically a "Spanish Lawyer" - as far as I know Spain is the only EU country that does not demand for a specific "Bar Exam" in order to practice as a lawyer (situation that will change in october 2011, when a new Spanish Law demanding such Bar Exam to all wannabe Lawyers will come in force).

If you want to ask for the recognition of your diploma in any other country, you would probably also have to take a "Bar Exam" after the law degree recognition exam - I cant confirm this information, because I only know (and not so thoroughly) the Spanish system of degree's recognition.

If you dont want to go through all this hassle, you can always get an european LLM and apply to law firms (a lot of American Law firms are established in Amsterdam, Brussels, Madrid, Paris, etc...), or wherever you want to work...but in this situation, without the "recognition procedure" you won't be able to work in the EU the same way as a national lawyer does (meaning, can't go to Court, can't sign official documents, etc).

You mentioned Switzerland - does not belong to the EU - can not imagine that the info I just gave you applies to Switzerland...

I have no idea as for working visas and immigration questions...cant help you there, sorry...only info I can give you: once you have a valid visa/working permit for an EU-Member State, you can work in and move freely from one EU country to another (with the conditions briefly explained in my third paragraph, as for the "working as a lawyer" part).

Hope it helps...If you need more info let me know, and maybe I can give you a few more hints...

Forgive me if this has been covered before...

If I get my LLM degree from the Netherlands, France, Austria or Switzerland, and I follow the procedures regarding exams and internships, etc., will I be able to eventually become a lawyer in these countries? Or will I be able to work in these countries without being consider a proper lawyer?

I've done research elsewhere, but I'm not sure if the rules I've found apply only to EU citizens.

Does having an LLM from a European country help you out if applying for a work visa or any other type of immigration papers?

I'm just thinking that once I get over there, I might like it so much that I don't want to come home... Thanks for the info!

Becoming a lawyer in the EU, for non-EU nationals:

The competence to recognize non-EU lawyer academic titles or professional qualifications belongs individually to each member state of the EU - meaning: it's not for the EU to define rules applying to all the EU Member States in this regard.

The national legal system of the country where you want to become a lawyer is the one that's going to set the criteria to "recognize" your Law Degree or your Lawyer title (if you have already made an US bar exam for example, and you're already considered an "actual" lawyer in your country of origin).

This is obviously a different situation than the one that happens when a EU member state national citizen wants to work in another EU Member State and asks for "recognition" of it's Lawyer professional title. For more info on this specific situation: http://europa.eu/scadplus/leg/en/lvb/l23023.htm (also contais the link to the European Parliament and Council Directive 98/5/EC of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained).

This last paragraph describes the situation that any qualified lawyer in a EU Member State (originally qualified in such state member or a third party country lawyer that has already his lawyer title recognized in that Member State) must go through if he wants to "establish" in ANOTHER EU-Member State.

So, you are American and want to work in EU as a lawyer - 1st step: choose one country where to recognize your law degree or your lawyer title - in this case, I can only imagine that such procedure of "recognition" requires you to know the legal system of that country, and speak the language as well. Probably you'll have to do an exam that evaluates your knowledge of that legal system - this happens for example in Spain, where a lot of south-american lawyers come to work, and they have to recognize their Law Diploma in the Spanish Ministery of Education - It's a lenghty process, and most of the applicants for such recognition must approve 10 different exams in 10 different subjects (the exam is quite easy, because it only takes one morning to make all 10 exams - form 9AM till 2PM - leaving less than 30 min per subject thats being examined). After approving this exam in Spain, you can automatically "enroll" in any Spanish Bar Association - and you are automatically a "Spanish Lawyer" - as far as I know Spain is the only EU country that does not demand for a specific "Bar Exam" in order to practice as a lawyer (situation that will change in october 2011, when a new Spanish Law demanding such Bar Exam to all wannabe Lawyers will come in force).

If you want to ask for the recognition of your diploma in any other country, you would probably also have to take a "Bar Exam" after the law degree recognition exam - I cant confirm this information, because I only know (and not so thoroughly) the Spanish system of degree's recognition.

If you dont want to go through all this hassle, you can always get an european LLM and apply to law firms (a lot of American Law firms are established in Amsterdam, Brussels, Madrid, Paris, etc...), or wherever you want to work...but in this situation, without the "recognition procedure" you won't be able to work in the EU the same way as a national lawyer does (meaning, can't go to Court, can't sign official documents, etc).

You mentioned Switzerland - does not belong to the EU - can not imagine that the info I just gave you applies to Switzerland...

I have no idea as for working visas and immigration questions...cant help you there, sorry...only info I can give you: once you have a valid visa/working permit for an EU-Member State, you can work in and move freely from one EU country to another (with the conditions briefly explained in my third paragraph, as for the "working as a lawyer" part).

Hope it helps...If you need more info let me know, and maybe I can give you a few more hints...

<blockquote>Forgive me if this has been covered before...

If I get my LLM degree from the Netherlands, France, Austria or Switzerland, and I follow the procedures regarding exams and internships, etc., will I be able to eventually become a lawyer in these countries? Or will I be able to work in these countries without being consider a proper lawyer?

I've done research elsewhere, but I'm not sure if the rules I've found apply only to EU citizens.

Does having an LLM from a European country help you out if applying for a work visa or any other type of immigration papers?

I'm just thinking that once I get over there, I might like it so much that I don't want to come home... Thanks for the info!</blockquote>
quote

Wow, what a very good answer. How did you know all of that? Thanks!

So, if I had a JD and an LLM, I could work at private law firms in the EU, no problem as long as I was able to get hired?

What about practicing law in a court such as the International Criminal Court, or being a staff attorney there?

Thanks again!

Wow, what a very good answer. How did you know all of that? Thanks!

So, if I had a JD and an LLM, I could work at private law firms in the EU, no problem as long as I was able to get hired?

What about practicing law in a court such as the International Criminal Court, or being a staff attorney there?

Thanks again!
quote

Matches, I posted a similar question in the General Forum - you might want to take a look there. It is my understanding that yes, American law firms hire American lawyers for European offices, but I don't know the specifics of this and/or how much it actually happens, especially in this economy. I believe that in those situations, the American lawyers are counseling clients on American law (often business/corporate law), but cannot go to court in the foreign country without becoming licensed there. It is also my understanding that you could work for an international organization, such as the UN, without a specific license, as you will be considered an international civil servant. Again, though, these are not the easiest jobs to get.

You are in law school now, right? Have you asked your career services office about all of this? They might be helpful (and you could come back here and help your fellow Americans who are out of law school with the answers!)

Matches, I posted a similar question in the General Forum - you might want to take a look there. It is my understanding that yes, American law firms hire American lawyers for European offices, but I don't know the specifics of this and/or how much it actually happens, especially in this economy. I believe that in those situations, the American lawyers are counseling clients on American law (often business/corporate law), but cannot go to court in the foreign country without becoming licensed there. It is also my understanding that you could work for an international organization, such as the UN, without a specific license, as you will be considered an international civil servant. Again, though, these are not the easiest jobs to get.

You are in law school now, right? Have you asked your career services office about all of this? They might be helpful (and you could come back here and help your fellow Americans who are out of law school with the answers!)
quote

Thanks for the info, wannabe. What you said about the UN was interesting. So, if you've got a JD / LLM, you can practice law in the UN system without any special exam? That's good to know.

And I plan on talking with the dean at my school about some of this, I'll let you know if anything good comes of it.

And when you say that these jobs are hard to get, how hard are you talking?

Thanks!

Thanks for the info, wannabe. What you said about the UN was interesting. So, if you've got a JD / LLM, you can practice law in the UN system without any special exam? That's good to know.

And I plan on talking with the dean at my school about some of this, I'll let you know if anything good comes of it.

And when you say that these jobs are hard to get, how hard are you talking?

Thanks!
quote
Azerty

Hi guys,

This thread is very interesting as I am also a lawyer (ok, law student) who would like to practice outside her home jurisdiction. I have an LL.B. and am about to finish my LL.M. from a university in the Netherlands and am now trying to figure out where I can start work and qualify as a lawyer reasonably fast, i.e. without another few years of study/unpaid work. In the Netherlands this takes three years of professional training and I don't feel like staying here that long.

Matches Malone (or anyone who can answer), what you said about Spain, does that go for law graduates from any country or just from South America? Could I just get my Dutch law degree recognized there and start work with a law firm?

Hi guys,

This thread is very interesting as I am also a lawyer (ok, law student) who would like to practice outside her home jurisdiction. I have an LL.B. and am about to finish my LL.M. from a university in the Netherlands and am now trying to figure out where I can start work and qualify as a lawyer reasonably fast, i.e. without another few years of study/unpaid work. In the Netherlands this takes three years of professional training and I don't feel like staying here that long.

Matches Malone (or anyone who can answer), what you said about Spain, does that go for law graduates from any country or just from South America? Could I just get my Dutch law degree recognized there and start work with a law firm?
quote

Hi Azerty, I don't have any extra info at this point, so sorry! I'm sure that you will do great, and please keep the rest of us updated!

MM

Hi Azerty, I don't have any extra info at this point, so sorry! I'm sure that you will do great, and please keep the rest of us updated!

MM
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