As we start another LL.M. recruitment cycle, I’ve been speaking with foreign-educated law graduates considering studying in U.S. law school programs. Some of their questions are quite easy to answer (e.g., if you want to sit for the Florida Bar exam study in a J.D. program), while others require a lot more discussion and tailored guidance.

One of the popular questions I get asked about is LL.M. to J.D. Transfer Programs. Full disclosure: The school I currently work at does not offer an LL.M. to J.D. Transfer Program, but the school I worked at beforehand does. Is an LL.M. to J.D. Transfer Program right for you? The answer, as with many things law school related, is that it depends.

LL.M. to J.D. Transfer Programs are a popular discussion point among prospective LL.M. students. I am not aware of a comprehensive source of information on LL.M. to J.D. Transfer Program with data and stats, though please let me know if you can share such a resource. School websites vary in terms of the information that is publicly available about LL.M. to J.D. Transfer Programs, and my hope is that more information will be shared about these programs to better assist foreign-educated law school graduates when the apply to U.S. law schools. Since they start in Non-J.D. Programs, transfer in with advanced standing, and get merged into the general bar passage/employment data, it’s really hard to get a lot of big-picture information about LL.M. to J.D. Transfers across programs.

Caveats

  • I generally advise the students I teach in LEALS to decide at the outset whether they want a J.D. or LL.M. and proceed accordingly. This allows those who want a J.D. to focus on the LSAT and the schools and scholarship packages they’re most interested in.
  • I’ve worked with multiple students in my former job who transferred between the LL.M. and J.D. programs. As mentioned above, the school I work at currently does not offer a transfer between programs.
  • Each school will have different requirements and this appears to be an area where you need to do a lot of individual research. I think the USC website is a great resource for their school (https://gould.usc.edu/academics/degrees/jd/paths/llm/). Note that USC joined me for a presentation for my LEALS course (along with NW and UVA) in September 2021.
  • Most of this is anecdotal based on my experiences working in law schools in the U.S. and China, speaking with students who were interested in transfers at the recruitment stage, and students who transferred between programs. Disclaimer: these are my opinions.

The Benefits

  1. Foreign-educated law school graduates seeking to work in the U.S. seem to find it easier to achieve this with a J.D. than a General LL.M. degree. That is because most law hiring focuses on J.D. cycles. For example, employers may hire for 2L summer associates after 1L year and grades, and employers may look to the externships, clinics, and other activities students complete to demonstrate interest and fit. When I advise students I share that the four areas that I personally recommend a General LL.M. over a J.D. for a better fit are: (1) returning to home jurisdiction to practice (whether after OPT or immediately after the degree or bar exam); (2) already have a job secured in the U.S. for post-grad; (3) a very specialized area like immigration law where a state bar exam and your background make you a well-suited candidate; or (4) a background, skillset, or connections that make it likely to achieve your U.S. legal experience goals with a General LL.M. degree over a J.D. (three year or even two year options).
  2. Starting with the LL.M. and upper-level coursework can flip the script for foreign-educated lawyers. Rather than starting 1L at a possible disadvantage against a curve in a new country and possibly in a second language, students can time their program well to start with upper-level and bar-tested subjects, gain experience studying in a U.S. law school, and then take 1L courses in year 2 with a bit of a head start. As J.D. colleagues are learning about case briefs, outlines, and Getting to Maybe, you’re already a seasoned pro at law school exams.
  3. Similar to #2, you can use your summer between the LL.M. and the J.D. to think about work experience, either in the law school (e.g., a clinic, as an RA) or in an internship or externship, depending on school and visa issues. This allows you to really focus on building on your summer experience as you think about your one remaining summer to secure legal work. This flexibility may mean that you hold off on taking a state bar exam until after 3 years, like your J.D. colleagues. Or you may choose to sit for a bar exam after your LL.M. program and then you may already be a licensed attorney by the time you’re starting your second-year summer job.

Be Sure to Consider

  1. Carefully read and understand the LL.M. to J.D. transfer rules and ask a lot of questions, preferably over e-mail, as you go through the process. If you are picking a specific LL.M. program because of this great opportunity, you’ll want to know about number of students who successfully transfer each year & how those students do in the J.D. program. Try to ask to speak with a successful transfer applicant as you’re applying for the LL.M. program.
  2. Understand the financial aspects of the LL.M. to J.D. transfer programs. Some will make it clear whether or not scholarships are available. Some may make it clear that the transfer will not lead to scholarships. Some may have a set amount for transfers. This will be important to factor into your considerations, especially if you’re weighing the cost of your LL.M. year and your two remaining years of a J.D. compared to a three-year J.D., two-year Advanced J.D., or one-year LL.M. degree.
  3. The support offered to second-year students (i.e., the year after you transfer if you are successful). You’re now in a similar situation to Advanced J.D. for foreign lawyer students and you’ll need to maximize your final two years. Since you’ll be taking a lot of degree requirement courses at many schools, how will you balance other activities. Will you wait until your third year for journal and moot court? Will you be able to partake in a clinic or externship? How will you be able to focus on the second summer job search when 1Ls generally wait to begin their summer job search.
  4. What happens if you do not achieve your goal of being able to transfer. Would you still be happy with your outcome solely from the LL.M. degree and what are the likely career outcomes from that degree.

Final Thoughts

As with most programs, I think an LL.M. to J.D. Transfer can be a wonderful idea if you do your research and have a good idea about expectations. I don’t recommend going to a J.D. school with the intention of transferring and would have the same advice to those starting LL.M. Programs, it is certainly possible to move in both instances. While J.D. students can see transfer numbers on ABA 509 Reports, you’ll need to do a lot more individual research on LL.M. to J.D. Transfer Programs.

I think an LL.M. to J.D. Transfer may be better suited to those who start with a clear fit for a General LL.M. degree but who want the cushion and flexibility if their goals change. But if a school has a robust transfer process and has had successful students go through the process, it may be worth looking into if the financial aspects make sense for you.

It would be nice if the ABA Required Disclosures had a separate category on 509s, bar passage, and employment data for LL.M. to J.D. Transfer Program students!

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