I always enjoyed when a phone call with a prospective student ended with that person telling me how much they learned about U.S. legal education from our brief conversation. In the interest of helping level the playing field, here are three myths I have to help prospective students overcome.
Myth #1: Foreign-educated lawyers have to choose the LL.M.
Myth #2: The LL.M. is always cheaper than a J.D.
Myth #3: An LL.M. will always be better for goals because it’s faster to complete.
So let’s talk about degree programs!
#1: The Juris Doctor (J.D.)
A Juris Doctor (J.D.) is the first-degree in law in the United States. Enrolling in an ABA-approved J.D. program should allow you to sit for any State Bar exam upon completion. J.D. programs were traditionally 3 years and required the Law School Admission Test (LSAT), but much has changed recently.
#1A: The “Traditional” J.D.
The three-year J.D. will require an entrance exam (currently) for foreign-educated lawyers: either the LSAT or at a growing number of schools, the GRE (see this 2021 blog post). The three-year J.D. offers a number of advantages, especially for those seeking to work in the United States upon graduation: you have the same opportunities to secure 2L large law firm summer positions that your classmates have after 1L through On-Campus Interviews; you have the same opportunities for clinics, externships, law reviews, and other important ways to distinguish yourself for post-grad employment; and schools have an incentive to offer very large scholarships if your LSAT score is above their medians.
#1B: The Advanced J.D. for Foreign Lawyers
Some schools offer a two-year J.D. for foreign lawyers, which allows you to receive one year of credit for your foreign credentials, take your 1L year, and then take a combined 2L/3L year. The advantage for this program is to save a year, and is best for those who have a job already waiting for them upon completion of a J.D. and bar exam, or those who are seeking a J.D. to practice abroad. You may not get as much scholarship, especially if you don’t take the LSAT/GRE, and the saved year may be considered a “scholarship” in your discussions.
#1C: The Compressed J.D.
Some schools offer a two-year J.D. where students start a little earlier and study in the summers. This may also be a good option for those who already have a job waiting for them. However, those seeking jobs may sacrifice some of their summer practical training to finish earlier.
#1D: The J.D. Transfer
If your school has an LL.M. to J.D. transfer process, you may be eligible to apply for the J.D. after completing the LL.M., avoid an entrance exam, and finish the J.D. in two additional years.
We’ll cover more next week about the J.D. for individual goals. But broad J.D. verdicts: If you are going to study in a J.D. program, you want to evaluate options for entrance exams, scholarship packages, length of time, and employment opportunities, among other factors. Some schools are now experimenting with hybrid J.D. or even online J.D. programs. Foreign-educated lawyers can and do study in J.D. programs each year. One easy way to get a sense: look at the ABA 509 report for the # of students without a reported GPA. Although that doesn’t count international students who studied undergraduate in the U.S. and Americans who studied undergraduate abroad, it can give you a good sense.
#2: The LL.M.
LL.M. programs have grown over the years as schools sought to increase their international profiles and raise revenue through these programs. It is important to note the ABA guidance on all Non-JD programs here, and learn about the way these programs are structured at each school. LL.M. programs are still the best option for those seeking to learn about U.S. law to return to their home jurisdiction to practice.
#2A: The General LL.M.
The General LL.M. is the degree of choice for many, including: (i) those seeking to learn about the U.S. legal system to return to their home jurisdictions; and (ii) those seeking an intensive and extensive path to state bar exam eligibility in States that allows foreign-educated lawyers to sit for bar exams through LL.M. degrees. A General LL.M. degree does both of these exceptionally well, and you’ll want to see how many classes you take with J.D. students compared to LL.M. only classes, if you have access to the same professors, and whether extracurricular opportunities are available to you. If you are using a General LL.M. to work in the United States, be sure to have careful conversations with law schools about the employment outcomes of their General LL.M. students. Scholarships vary by program.
#2B: The Specialized LL.M.
The Specialized LL.M. refers to LL.M. degrees in specific subject-matter, and contrasts with the General LL.M. above. Specialty LL.M. programs vary, and you’ll want to know the size of the program, the breakdown between foreign-educated and U.S.-educated students, and the employment outcomes generally and for foreign-educated students specifically. Ideally, you will find a specialty in an area you already have some background and one where the hiring is strong in the U.S. (if you plan to work here). Scholarships vary by program.
#2C: The Three-Semester LL.M.
These programs are designed to combine specialty LL.M. degrees with bar exam eligibility, more time to immerse yourself in a U.S. legal education, the ability to work through Curricular Practical Training, and much more. It is important to (i) speak with law schools about the benefits of an extension for post-grad outcomes and (ii) speak with law schools about scholarships for the extra time.
#2D: The Legal English + LL.M.
Some schools offer three-semester or two-year programs where you start with legal English preparation and then move into your LL.M. degree. It is important to check the costs and determine whether you will need to enter one of these programs based on your TOEFL/IELTS/Duolingo score and the school you want to attend.
We’ll cover more next week about the LL.M. for individual goals. But broad LL.M. verdicts: still a popular and appropriate path for many foreign-educated lawyers, especially given certain goals and backgrounds. Scholarships may be less generous for many than J.D. programs with LSAT scores above medians.
#3 Other Programs
#3A: S.J.D./J.S.D./Ph.D. in Law
These doctoral degrees are popular in some countries abroad, and with some J.D.-educated lawyers seeking to break into the tenure-track hiring market. If you want to become a tenure-track professor in the U.S., it is crucial that you learn about the employment outcomes at the school you’ll attend. Some of these programs may be funded, while others may require you to pay, which may be different from other doctoral degree programs you hear about in the United States.
#3B: Master Degrees for Non-Lawyers
M.S.L. and similar programs have exploded in growth over the last decade. These programs allow law schools to reach new audiences and assist professionals who interact with law and lawyers on a daily basis. Foreign-educated lawyers would stick to the J.D., LL.M., and doctoral degrees. One of the things I’m looking into in 2022-23 is whether schools with M.S.L. programs are more generous for LL.M. scholarships, and hope to have some preliminary research into that based upon prospective student feedback.
#4: Non-Degree Programs
Certificates, trainings, and short-term courses continue to grow in popularity. Although outside the scope of this blog, it may be helpful to check what programs schools have that may assist you before you apply for degree programs.
Resources for Learning About U.S. Law Schools:
ABA Overview of Other Than J.D. Programs: https://www.americanbar.org/groups/legal_education/resources/llm-degrees_post_j_d_non_j_d/.
ABA-Approved Law Schools: https://www.americanbar.org/groups/legal_education/resources/aba_approved_law_schools/.
ABA Required Disclosures: https://www.abarequireddisclosures.org/.
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