Boston University School of Law Graduate and International Programs Professional Development. LLM California Bar Handbook

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1 Boston University School of Law Graduate and International Programs Professional Development LLM California Bar Handbook

2 Contents I. INTRODUCTION... 3 II. CALIFORNIA BAR REQUIREMENTS FOR ALL CANDIDATES... 4 A. Establishment of Eligibility to Sit for the CA Bar ) For Foreign Attorneys Admitted to Practice Outside the United States... 4 a) Registration and SSN Exemption... 4 b) Proof of Admission to Foreign Jurisdiction ) For Foreign Students Not Admitted to Practice Outside the United States... 5 a) Foreign Law Students with First Degree of Law... 5 i. Registration... 5 ii. Evaluated Law Degree Equivalency Report and Foreign Law Study Evaluation Summary Form... 6 iii. Certification of LLM Studies from BU and Online Professional Responsibility Course... 7 b) Foreign Law Students Without a First Degree of Law... 7 B. A Positive Moral Character Determination... 8 C. Passage of the Multistate Professional Responsibility Examination... 8 D. Compliance with California Court Ordered Child or Family Support Obligations... 9 III. CHECKLIST FOR ADMISSION TO THE CALIFORNIA BAR... 9

3 I. INTRODUCTION This memorandum is for BU Law LLM students who received their legal education outside the United States and are considering sitting for the California Bar Examination (the CA Bar Exam ) and applying for admission to the California Bar. As a preliminary matter, the decision to apply and sit for a U.S. bar exam is a personal one. You must assess a variety of factors, including whether you should invest significant money and effort into taking the bar, and whether your time in the U.S. is better spent working or seeking a job. Think carefully about whether you need to be a member of a U.S. bar in order to fulfill your professional goals. Passing a U.S. bar exam may not increase your chance of getting a U.S. job or internship, because U.S. employers that hire foreign LLMs typically do so based on a specific need for the candidate s pre-llm experience or skills. In addition, visa restrictions may require you to secure U.S. employment before your bar exam results are released, so you would not be able to market yourself as U.S.-barred during your initial job search. At the same time, there are certainly benefits to sitting for a U.S. bar exam, including the potential value of U.S. bar admission in your home country and the learning experience of studying for and taking the exam. Out of all of the state bars that our LLM students typically consider, the California Bar may be a particularly attractive option to students who are already admitted and in good standing as attorneys in a jurisdiction outside of the United States. Unlike the New York and Massachusetts Bars, the eligibility requirements to take the CA Bar Exam are quite simple for such candidates, as discussed below. In addition, if one passes the CA Bar Exam, the admission process to the California Bar is fairly straightforward. However, students who are not admitted to practice outside the United States will find that the eligibility requirements to take the CA Bar Exam are onerous, and include among other things a professional responsibility course that is specific to California. Details on these requirements are provided below. All LLM students whether licensed in a foreign jurisdiction or not should also be aware that the CA Bar Exam is the most difficult to pass of any bar exam in the United States the pass rate for all foreign attorneys is typically around 15%. Complete statistics may be found here: In addition, California offers no reciprocity with any other state bar. These factors should be carefully considered by students deciding whether or not to apply for this bar, particularly if those students do not intend to live or work in California. For complete information on the CA Bar Exam and admission to the CA Bar, please carefully review the official website at: This handbook represents only a summary of the information provided by the California Bar, and should not be used as an official or exhaustive resource. Please also remember to confer with a member of the professional development staff if you have any questions after carefully reviewing this handbook and the applicable bar websites. 3

4 II. CALIFORNIA BAR REQUIREMENTS FOR ALL CANDIDATES Admission to the California Bar requires the following of all candidates: (1) establishment of eligibility to sit for the CA Bar Exam and passage of the exam; (2) a positive moral character determination; (3) passage of the Multistate Professional Responsibility Examination ( MPRE ); and (4) compliance with any California court ordered child or family support obligations. Foreign educated students must begin the eligibility determination process as early as possible and should ideally submit the required paperwork, along with their registration form, prior to matriculation. A. Establishment of Eligibility to Sit for the CA Bar 1) For Foreign Attorneys Admitted to Practice Outside the United States The CA Bar may be the most appealing option for LLM students who are admitted and in good standing as attorneys in a jurisdiction outside of the United States. In this case, admission to the CA Bar does not require additional legal education or even law study transcripts. Instead, an attorney admitted in a foreign jurisdiction must: (1) register with the CA State Bar (which is not the same as registering for the CA Bar Exam), and (2) provide proof of admission in a foreign jurisdiction. Registration and proof of admission materials, as well as accompanying fees, must be sent together, as detailed below. a) Registration and SSN Exemption Registration with the CA State Bar should be completed at the beginning of your LLM studies and involves submitting an attorney registration application and, in the case of most foreign attorneys, a social security number exemption form. Both the application and the exemption forms may be obtained by ing a request to the Los Angeles Office of Admissions at: admissions.la@calbar.ca.gov. This request must include the following information: Full name; current mailing address where you would like to receive the registration packet; statement that you are a foreign attorney applicant and do not qualify for a social security number and request a social security number exemption form. You may contact the California State Bar Office of Admissions with any questions at b) Proof of Admission to Foreign Jurisdiction Proof of Admission must be made in the form of an official Certificate of Admission or Certificate of Good Standing from the professional bar admissions regulation/attorney licensing authority in a particular jurisdiction. Such proof must be submitted with your completed attorney registration form and social security number exemption form, as well as a cashier s check or money order for the required application fees. If these materials are not submitted at the same time, the process will be delayed. All of these materials should be submitted with a detailed cover letter to: The State Bar of California Office of Admissions 845 S. Figueroa Street Los Angeles, CA

5 2) For Foreign Students Not Admitted to Practice Outside the United States LLM students who are not admitted to practice outside of the United States will have a much harder time establishing eligibility to sit for the California Bar Exam. In addition, the California Bar s LLM course requirements include a professional responsibility course that covers relevant sections of the California Business and Professions Code, which BU s does not. Consequently, BU LLM students seeking to establish eligibility to take the CA Bar Exam will need to take an online professional responsibility course that covers the relevant California code, in addition to the other course requirements. These requirements are summarized below, but may be found in detail at: a) Foreign Law Students with First Degree of Law To establish eligibility to sit for the CA Bar Exam, LLM students who received their first degree in law from a foreign school must: show that their degree is equivalent to a Juris Doctor degree awarded by an American Bar Association approved or California accredited law school in the United States, and show that they have successfully completed a year of law study (that is, an LLM program), at an ABA approved law school. Students in this category must provide the following to the State Bar s Office of Admissions: a completed registration as a foreign educated general applicant form with the required registration fee; an evaluated law degree equivalency report with an attached Foreign Law Study Evaluation Summary form, which must be completed by a credential evaluation agency approved by the CA Bar. A detailed course by course evaluation report is required; and certification from BU verifying that the applicant has been awarded an LLM based on a minimum of 20 semester or equivalent units of legal education that include a minimum of one course in four separate subjects tested on the California Bar Examination (including a California-specific professional responsibility course) of not less than a total of 12 semester or equivalent units, or a certificate verifying that these hour and course requirements have been met. i. Registration Registration with the CA State Bar should be completed at the beginning of your LLM studies and ideally, in the months prior to your matriculation at BU. The foreign educated general applicant form may be found here: d_general_applicant_0816_r.pdf. A U.S. social security number is required when submitting this form, but it can be waived if a foreign applicant does not qualify. In such case, students should complete page four of the application form to request a SSN exemption. 5

6 After completing and signing the registration form, the form and correct fees in the form of a cashier's check or money order payable to the State Bar of California must be mailed to the following address (along with the additional required documents, outlined in the next section): The State Bar of California Office of Admissions 845 S. Figueroa St. Los Angeles, CA ii. Evaluated Law Degree Equivalency Report and Foreign Law Study Evaluation Summary Form Applicants must attach to their registration form an evaluated law degree equivalency report, generated by a credential evaluation agency approved by the CA Bar, as well as a "Foreign Law Study Evaluation Summary" form, also completed by the same credential evaluation agency. The Foreign Law Study Evaluation Summary form may be found on the California Bar website here: To obtain the evaluated law degree equivalency report, applicants must select a credential evaluation agency approved by the CA Bar and apply, from that agency, for an educational evaluation that includes a detailed course by course evaluation. A partial list of approved agencies may be found here: The agency will require a completed application form (each agency provides their own form), that provides information from all the schools the applicant has attended at each level of their education with the name of each diploma, leaving certificate, degree, or title earned. The agency will require both original, official documents from the schools or agency issued in their original language and translated into English by a certified U.S. translation service (some agencies provide this service at an additional cost). These documents may include, based on an applicant s individual record: transcripts, mark sheets, examination certificates, academic records indicating courses and subjects/hours or syllabi/descriptions that indicate hours/units/credits; diplomas, graduate certificates, degree certificates; and plans of study/curriculum indicating the structure of your program of study. Be sure to indicate all foreign law study completed or currently in progress, the beginning and ending dates of enrollment, each class taken, the grades or marks received for each class, the date degrees were awarded, and a certified transcript of all studies completed. If transcripts are in a language other than English a notarized translation must be attached as well. Please note that each agency has its own set of detailed instructions for the evaluation process and may also be contacted personally with questions. Once the CA Bar receives and approves the registration form, the correct fees, and the agency-completed Evaluation Law Degree Equivalency Report and executed Foreign Law Study Evaluation Summary 6

7 Form, they will send a confirmation of registration letter to the applicant. Registration confirmation letters will be mailed approximately four weeks from the date of approval of registration, and a file number will be assigned to the applicant. The file number is the permanent identification number and must be indicated on all subsequently filed applications and on all correspondence. iii. Certification of LLM Studies from BU and Online Professional Responsibility Course In addition to documentation regarding foreign legal studies, applicants must also request from BU and supply to the CA Bar certification that they have either been awarded an LLM based on a minimum of 20 semester units of legal education that includes a minimum of one course in four separate subjects tested on the CA Bar (including a CA-specific professional responsibility course), or, that though not awarded an LLM, they have completed said course requirements. The subjects tested on the CA Bar include: Business Associations Civil Procedures Community Property Constitutional Law Contracts Criminal Law & Procedure Evidence Professional Responsibility (mandatory for eligibility) Real Property Remedies Torts Trusts Wills & Succession Because BU s professional responsibility course does not cover California-specific provisions, BU LLM students must take an online professional responsibility course in addition to the three other courses required by the CA Bar for eligibility. The following law schools offer approved online courses and may be contacted for additional information: Florida Coastal School of Law ( Washington University at St. Louis (law.wustl.edu); and University of Southern California Gould School of Law (gould.usc.edu). b) Foreign Law Students Without a First Degree of Law Detailed information on the eligibility requirements for foreign students who do not have a first degree in law may be found here: Generally, students who did not receive a qualifying first degree in law must establish their eligibility to take the California Bar Exam by showing they have: 1) successfully completed the equivalent of two years of undergraduate studies; 7

8 2) passed or established exemption from the First-Year Law Student s Examination; and 3) completed four years of legal studies in the United States. Students in this category seeking to qualify to take the General Bar Examination must provide the following to the State Bar s Office of Admissions in Los Angeles: 1) a completed "Registration as a Foreign Educated General Applicant form with the required registration fee; (the form may be found here: Educated_General_Applicant_0816_R.pdf); 2) an evaluated course breakdown of all post-secondary education and a Foreign Law Study Evaluation Summary form, which were completed by a credential evaluation agency approved by the Committee. A detailed course by course evaluation report is required. Please see the previous section for information on obtaining an educational evaluation. After the CA Bar receives the required documentation they will issue an eligibility determination including notification of whether the applicant is exempt from or must take the First-Year Law Students Examination and whether any additional course work is required. (First-Year Law Students Examination exemption is established by passing the bar examination of another jurisdiction or successfully completing the first year of law study at an ABA approved or California accredited law school such as BU.) B. A Positive Moral Character Determination You must complete an Application for Determination of Moral Character online. The application and detailed information regarding the process including the fingerprinting required may be found here: You should apply for a moral character determination eight to ten months prior to the date you would like to be admitted to practice law. (For example, if you plan to take the July bar exam, apply for the moral character determination in the fall if possible, but no later than January.) You will not be sworn in to practice law until after your application has been cleared, so do not delay! Please note that the application requires detailed information from as far back as secondary school and is expensive! An applicant is generally cleared when the CA Bar receives a fingerprint clearance, a DMV clearance, positive references from friends and employers, and a certificate of good standing from one s law school. C. Passage of the Multistate Professional Responsibility Examination The MPRE is offered three times a year, in March, August, and November. It is a two hour, 60 question multiple choice test that measures knowledge and understanding of the ethical standards of professional conduct for lawyers. Passing the MPRE is required for admission to the CA Bar. For more information, see: 8

9 D. Compliance with California Court Ordered Child or Family Support Obligations The final requirement for admission to the California Bar is that an applicant must be in compliance with any California court-ordered child or family support obligation. Compliance is typically determined by use of the applicant s social security number, if they have one. III. CHECKLIST FOR ADMISSION TO THE CALIFORNIA BAR I have registered with the State Bar of California (including requesting a SSN exemption, if needed). This must be done as early as possible or even prior to matriculation. o For attorneys licensed in their jurisdiction this includes submitting proof of admission to foreign jurisdiction. o For non-licensed attorneys this includes: submitting extensive documentation to a credential evaluation agency for a course by course evaluation report and Foreign Law Study Evaluation Summary. I have completed the Application for Determination of Moral Character. This must be submitted to the California Bar eight-ten months prior to the date you wish to be admitted to the practice of law. I have taken the MPRE and requested that my score be sent to the California Committee of Bar Examiners. I have completed an online professional responsibility course covering relevant California provisions. I have completed my LLM and requested a certification of my studies be sent by the BU Law Registrar to the CA Bar Committee for Admission. I have taken the Bar Exam! o Timely filing for February bar is around November 1 o Timely filing for July bar is around April 1 9

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