Can a UK lawyer work in California?

Jun 19, 2023

Written By Ella Jenkinson

Many states with cities with important international business and legal hubs (such as California and New York), have developed state-specific requirements for foreign-trained lawyers to be admitted to the bar. The simple answer to this question is yes, a UK lawyer can work in California. However, there are important steps to take before you can do this.

Difference between US and UK Legal Systems

Once you are qualified to be a lawyer in the UK, many wonder whether this degree will allow them to work in other jurisdictions. One of the most popular destinations that people query about is California.

An obvious reason is the weather, however, Silicon Valley and the Bay area are one of the most competitive and sophisticated legal markets in the world. There is a strong emphasis on the innovation economy, specifically on tech start-ups. Dozens of Fortune 100 companies such as Apple, Facebook and Netflix call this region their home. This has brought numerous lawyers to the area.

Firstly it is important to distinguish between the US and UK legal systems. The UK and US legal systems are similar in the sense that they are both based on common law traditions. However, there are several key differences between the two.

The first difference is sources of law. The UK’s primary source of law is statute (legislation passed by the state) because of the doctrine of parliamentary sovereignty. This is the idea that parliament is supreme over all other government institutions. Given that the UK utilises common law, the courts also play a supplementary but significant role in the development of the law.

In contrast, while the US utilises a common law system, it also relies significantly on case law. This is where judges will interpret and apply laws based on precedents set by decisions made in earlier court cases. While English legal protections rest on statutes which can be altered, US protections are enshrined in the constitution, and cannot be changed unless the Supreme Court overrules it or the Constitution is amended.

Steps to work in California

The first thing a UK lawyer needs to do is understand the legal system in California. The state requires a separate bar exam and licensing process for lawyers. A UK-trained lawyer can sit the bar as long as they have completed their legal education in a system that focuses on the study of common law.

This simply means that in the UK, you must be a qualified solicitor via the SQE or LPC route. Law students must also show that their degrees or conversion courses are equivalent to a Juris Doctor (JD) degree awarded by an American Bar Association (ABA)-approved or a California-accredited law school in the US. If you have done this, you can sit the California bar examination directly.

UK law students that have not yet been admitted to the SRA but hold a law degree or conversion course may also be eligible to sit the California Bar Exam with one year of advanced law study. You’ll need to complete a master’s in law (LLM) with at least 20 credits at an ABA or California-accredited school. The program must also cover four separate subjects that will be tested on the California Bar Exam.

Furthermore, one of the modules that must be studied is a Professional Responsibility course. This module needs to cover the California Business and Professions Code, the ABA’s Model Rules of Professional Conduct, and relevant federal and state case law.

Expenses and the bar exam

The process of becoming licensed to practice law in California is a lengthy process, and it’s also quite expensive. There are a number of fees to pay, for example it costs $667 (£521) to apply to take the exam. Additionally, the different courses to help you prepare for the bar exam average around $3,000 (£2,345).

The California bar exam is notoriously difficult. It takes place over two days, with the first day containing multiple-choice questions covering laws which are not necessarily specific to California, but cover any of the US states. Contrastingly, the second-day test focuses on the law in California itself. The test itself is administered twice a year, once in February and once in July.

Once you have completed the bar you still need to take the Multistate Professional Responsibility Exam (MPRE), complete a moral character application and get sworn in.

Overall, whilst it is completely possible for a UK lawyer to work in California there are important practical and financial decisions to consider. It needs to be an informed choice. However, working as a lawyer in California can be highly rewarding and expose you to a different legal system. It would also provide you with new opportunities that you wouldn't recieve in the UK.

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