Some big news happened late last week for foreign-educated LL.M. students: The Supreme Court of Florida amended admission rules for foreign-educated Bar applicants. Curricular criteria for qualifying LL.M. degrees can now be found on the The Florida Board of Bar Examiners website. Some big-picture thoughts below (in my personal capacity only). I’m also hoping we’ll see guidance documents similar to New York and other jurisdictions for some of more technical questions. Note #1: These are initial thoughts and will almost certainly evolve as we learn more. For any corrections or to discuss the rules if I’ve misinterpreted them, please e-mail joshuamatthewalter1@gmail.com.

1. My general, broad advice to those seeking to practice law in Florida who have already established ties in the State is unchanged. I think the J.D. should still be considered as a path to post-graduate employment success for all but experienced practitioners. I would personally choose an Advanced J.D. for foreign lawyers (the 2-Year J.D.) at a state school or with a large scholarship if I was in a similar position, though I tell students with no/limited experience that I’d recommend studying for the LSAT and looking into three-year J.D. degrees with large scholarships (U.S. News factors LSAT scores into rankings, which can lead to large scholarships even without a reported Undergraduate GPA). What did change: I think if you have a good post-LL.M. job lined up (e.g., through your network), the LL.M., other bar exam, plus two years of practice, plus second bar exam, could be worthwhile. But that is due to the ability to earn money for one or two extra years and begin your U.S. legal career one or two years earlier.

Two-Year J.D.

2022-23: J.D. Year 1
2023-24: J.D. Year 2
Summer 2024: Bar Exam

Three-Year J.D.

22-23: J.D. Year 1
2023-24: J.D. Year 2
2024-25: J.D. Year 3
Summer 2025: Bar Exam

Updated Rules

2022-23: LL.M.
Summer 2023: Bar Exam #1
If you pass the bar exam, you’ll then need to work for two years. If you get sworn in December 2023, that may mean December 2023-December 2025.
Ensure you have the representative compilation of the work product in the field of law. “The board is clothed with broad discretion” in this evaluation.
July 2026: Bar Exam #2 if approved.

2. U.S. law schools with LL.M. groups seeking to practice in Florida may need to strengthen their alumni support, LL.M. career development, and bar prep support, among other areas. I think this is a big win for students! Under the Updated Rules in #1 above, you can see there are a lot of steps that happen after the one-year LL.M. is over. U.S. law schools vary in their LL.M. programming and support, but they’ll need to be aware that they’ll continue to interact with these students for years after graduation.

Take the bar exam. It is now crucial to pass the other state bar exam on the first try to begin the two-year clock on practice. Failing on the first attempt will set you back months in this plan to sit for Florida. Now take career development. Students will need to secure jobs that will put them in positions to have the representative compilation of work product needed under the new rules. Now take alumni support. Students will expect their schools to help guide them through the first two years of practice, especially if they need to change jobs or have questions. Finally, will schools incorporate this group of alumni into their bar prep for J.D. students and current LL.M. students?

My guess is this will affect the Florida schools more than others, both on the number of affected people and in the day-to-day operations. But working with foreign-educated LL.M. students already takes a lot of individualized support (at least for me) and I think this will allow schools to re-imagine their LL.M. alumni engagement strategies and their overall strategies more broadly.

3. I’ve been thinking a bit about what I would do if I was a state that did not have a path for LL.M. students to sit for the bar exam that had concerns about allowing an immediate path upon graduation. I’d probably focus on a bar-exam for foreign lawyers (not just law school graduates) with strict LL.M. course requirements and some training. I realize this is stricter than other jurisdictions, but it’s a thought experiment that takes into account concerns about immediate eligibility. For example:

• a legal education in another jurisdiction (or the necessary degree to be eligible to become a member of a bar in jurisdictions where a legal education is not necessary)
• being a member of a bar in good standing for at least one year (so not just a legal education or passing a bar exam, but becoming an attorney)
• intensive course requirements as part of the LL.M. degree
• an experiential activity of some kind through the LL.M. (e.g., clinic, externship, training, etc.)

Conclusion

Overall I think this is a very good development. It makes the question of J.D. or LL.M. a much closer call to prospective students (though it doesn’t change how I personally would approach the decision in most cases). I expect this will lead to more support for foreign-educated LL.M. students from their schools as alumni, or at least allow some U.S. law schools to differentiate themselves based on a 5-year alumni plan for foreign-educated lawyers. I hope that in the future, all states will evaluate paths for LL.M. students to sit for their bar exams, including possibly upon graduation from their LL.M. degrees.