These days economic globalization is one reason why many lawyers are crossing boarders in their practice. Today, a lot of lawyers travel occasionally to serve existing clients, while others relocate and practice more or less permanently outside of the jurisdictions in which they originally were educated and licensed. Sometimes lawyers relocated since they are associated with the foreign offices of law firms that are based in their home countries, with the international practices of host country law firms, or with corporations, NGOs, or other organizations having international interests that render attractive the intimate knowledge of a foreign legal system characteristic of these lawyers. One thing lawyers need to do when practicing outside of their jurisdiction is to consider the regulatory approach to practice of the host jurisdiction. These lawyers, here identified as foreign lawyers because they practice in jurisdictions foreign to the jurisdiction in which they were educated and licensed face several possible regulatory approaches. Remember that in this case it is only the lawyers who are traveling only occasionally may be permitted to advice in the host jurisdiction so long as they have no permanent presence, such as an office in the host jurisdiction. With this, the American Bar Association decided to take this position in its recent recommendation for adoption of a temporary practice rule for non-US lawyers. However, most lawyers relocating more or less permanently to an office in the host jurisdiction often are under a lot of regulations. Sometimes there are jurisdictions that permit foreign lawyers to join the bar and practice as local lawyers based upon their home country legal education and license as supplemented by host country education and, in certain jurisdictions, practical training. Though, not a lot there are jurisdictions that exclude foreign lawyers entirely unless they re-qualify in the same manner as domestic lawyers. Yet, there are some that still allow foreign lawyers to occupy the limited practice status of a legal consultant. You will get a chance to learn more on the last of these options, the legal consultant status in this article. Typically foreign lawyers in the US will face jurisdictional and substantive complexities relating to their practice opportunities. There are two sets of relevant rules that each jurisdiction in the US will adopt. In one set it would be to determine the rights of foreign lawyers to sit for the state bar examination and be admitted as local lawyers with full practice rights. Granted that an applicant has a degree from a foreign law school and some additional education in an US law school, short of a three year J.D., would satisfy the conditions for taking the bar exam. There are also common rules which state the prohibition of applicants from sitting for the examination unless they have graduated from an ABA approved law school with a JD degree. Note that many jurisdictions vary widely in their policies regarding practice opportunities available to foreign lawyers. Currently, there are already about Twenty eight jurisdictions permit foreign educated lawyers to sit for their bar examinations, either on the basis of their foreign legal education, upon a showing of practical experience, after completing a brief period of US legal education, or a combination of these conditions. It is no surprise that in almost half of these places, the opportunity to sit for the bar is limited to foreign lawyers whose primary legal education was completed in a common law jurisdiction. The rights of foreign lawyers to practice in the United States offers limited license than bar admission, in this second set of rules. Under the legal consultant regime, foreign lawyers are able to practice outside of their home jurisdictions on the basis of their home country expertise. Recently, around Twenty-six jurisdictions have adopted legal consultant licensing regimes. The main focus of the legal consultant rules is the recognition that practice experience and certification in the home jurisdiction qualifies a lawyer to carry on the same activities in the host jurisdiction. The concept of legal consultant was advocated by the ABA, which recommended its Model Rule on the Licensing of Legal Consultants to all jurisdictions.
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Most of the time, globalization is one reason why most lawyers are practicing in many other placed. With that, many lawyers now travel occasionally to serve existing clients, while others relocate and practice more or less permanently outside of the jurisdictions in which they originally were educated and licensed.
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