Legal Education in the US

The following provides an overview of legal education and the road to professional licensure in law in the United States. For information on studying law in the US refer to Specialized Professional Study http://educationusa.state.gov/professional/admissions.htm

Types of Law Degrees

In the United States, the formal study of law is only available at the first professional degree level. To attend an American law school, a student must already hold an undergraduate degree. Thus, students with Leaving Certificate examination cannot expect to attend a law school in the US without first earning an undergraduate degree. If you do not have an undergraduate degree and would like to consider doing your first degree in the US, please refer to the paragraph below that explains the recommended undergraduate coursework for admission to law schools.

The most common law degrees offered by American law schools are the professional Juris Doctor (JD) degree and the master’s degree in law (LLM). The JD degree is the law degree required to practice as a lawyer in the US and requires three years of study at a law school after completion of an undergraduate degree. Universities may offer first degrees in law-related fields (e.g. a Bachelor of Arts degree in Law and Society) but this is not sufficient to practice as a lawyer. The LLM degree is generally meant for already-qualified lawyers who wish to undertake further study.

Accreditation

In order to practice as a lawyer, many states require a candidate to have a JD degree from a law school that has been approved by the American Bar Association (ABA). The ABA is the professional association for law and its members include those who practice and teach law as well as current law students. The ABA’s Section of Legal Education and Admissions to the Bar http://www.abanet.org/legaled/ is recognized by the US Department of Education as the "accrediting agency for professional schools of law".

Currently, the ABA has approved 184 law schools in the US. Non-ABA accredited law schools may only qualify attendees to practice in the state in which the school is located; consequently, graduates of non-ABA accredited schools often have difficulty being licensed to practice law in other states.

Structure of the JD Program

The professional JD degree is meant for those who wish to practice law (or work within the legal field) in the US. Therefore, the main concentration of the degree program is on American law. International students who wish to practice in their own country but gain experience with American law are advised to do a master’s degree in law.

The first year is quite structured with compulsory courses such as civil procedure, constitutional law, contracts, criminal law and procedure, legal method, legal writing, property law and torts (personal injury law). The first year may also include moot court exercises (mock trials) in which students argue cases against one another.

During the second and third year, courses may include evidence, civil litigation, taxation, wills and trusts, administrative, corporate, commercial, family, environmental or international law. Although the design of the JD does not allow much specialization, students have more freedom during these years to choose courses in their field of interest.

Opportunities for gaining professional skills are also often available after the first year through a clinical course, which allows for actual or simulated work with clients. These opportunities vary among law schools but usually take the form of an actual on-site clinic dealing with minor cases, an external clinical placement with a real law firm or public agency or a course with simulated clinical work.

Aside from the vast amount of studying involved, the teaching methods used in most courses can also be quite intimidating to a first-year law student. These methods are referred to as the Case Method and the Socratic Method. The Case Method forms the structure of most law school courses where the only texts are casebooks – collections of written judicial opinions on actual court cases at the appellate (Court of Appeals or Supreme Court) level. Assignments entail reading a number of related cases and being prepared to answer questions based on them in the next class meeting.

The Socratic Method refers to the teaching style used by most law professors. Instruction by lecturing is quite limited and more often takes the form of directed questioning. Put simply, the professor will "invite" one student to give a thorough and detailed summary of one of the assigned cases. The professor then questions the student on omitted details or unresolved issues. Afterward, the professor may slightly alter the facts of the case in order to allow the students to come to a different decision than that reached by the court. Together, these two methods sharpen critical thinking skills and the ability to distinguish between subtle underlying principles of a certain area of law.

Structure of the LLM Program

Generally, LLM program are intended for qualified lawyers who have several years of experience but wish to pursue further study. General LLM degree programs can be individually tailored to suit a candidate's interests and normally require a thesis of publishable quality. Some LLM programs offer concentrations in particular fields such as taxation, international law and comparative law, and may or may not require a thesis. For foreign-educated lawyers, some law schools offer LLM programs such as "US Comparative Law" or "US Legal Studies", which are designed to give foreign law graduates an insight into the American legal system.

LLM programs are typically one year in length and do not normally require standardized tests such as the Law School Admission Test (LSAT) or the Graduate Record Examination (GRE) for admission. International applicants may be required to sit a Test of English as A Foreign Language (TOEFL) exam. Some law schools will not grant admission to international applicants who do not already hold a law degree, even though they may be qualified to practice in their home country. Other US universities will not require a law degree as long as the applicant is qualified to practice in a common law country and, in some cases, has some years of post-qualification experience.

Graduate Law Degrees

Graduate degrees include master’s degrees in Comparative Law (MCL), in Comparative Jurisprudence (MCJ), and in Legal Institutions (MLI). These programs differ from the LLM in that they tend to be less specialized and less research-oriented. They consist mainly of taught courses and do not normally require a master's thesis. However, the scope of these degrees can vary from one law school to another. Some may be designed for foreign-educated lawyers, especially for those trained in civil law countries who wish to study the common law principles of the American legal system. Others may be intended for non-law professionals who require knowledge of the legal field.

Degrees awarded at the doctoral level are the Doctor of Juridical Science (SJD or JSD) and the Doctor of Comparative Law Studies (DCL). These are the most advanced degrees in law and generally intended for those pursuing an academic career in the legal field. Only a small number of applicants are admitted each year onto these programs, which consist of specialized study and research, as well as a substantial thesis. Directories with information on universities that offer graduate law degrees are available from Careers Offices at universities in Ireland.

Joint degrees: Most law schools offer the option of joint degrees in various disciplines. The most common degrees are a JD/MBA or a JD/MA in Economics or Political Science. These joint degrees will take more time to complete due to the added degree requirements.

Acceptance into US Law Schools

Law schools do not require that applicants take an undergraduate degree in a particular subject or to have completed specific courses. Instead, they emphasize the importance of a demanding and well-rounded education with experience in a variety of disciplines. Although pre-law programs exist, most law schools feel that the coursework is far too narrow to provide a well-balanced education and consequently prefer that students save the specific study of law for law school.

However, there are certain skills and areas of knowledge that the law school candidate should seek to develop. Necessary skills include critical thinking, problem solving, analytical reading, oral and written communication and general research skills. Given the American emphasis on liberal arts education, many of these skills are used in each undergraduate course, especially upper-level courses.

Prospective law school candidates should also seek to gain a basic understanding in certain subjects. These areas include American history; political theory and the American political system; ethics and theories of justice (found in philosophy and religion courses); micro-economic theory; basic math and accounting skills; human behavior and social interaction (found in psychology and sociology courses) and an awareness of international issues. Experience with any of these areas prior to law school will help with the intake of vast amounts of new information expected of first-year law students.

If you wish to study for your first university degree in the US, we suggest you read Booklet One: Undergraduate Study from the If You Want to Study in the United States series
http://educationusa.state.gov/undergrad/pubs.htm

Basic admissions requirements include a bachelor’s degree in any field and the Law School Admissions Test (LSAT). (This test is not administered in Ireland, London is the nearest center.) The LSAT is a half-day standardized test offered four times per year. It measures reading and verbal reasoning skills, and does not require specific knowledge of law. Students are advised to sit the exam either in June of the penultimate year or September of the final year of undergraduate study. On-line registration is available on the Law Schools Admissions Council's web site.

Acceptance Rates
Despite a small decline in the number of applications in recent years, competition for a place at a US law school is still fierce, especially for international applicants. Of all the selection criteria, most law schools place the heaviest emphasis on the score from the LSAT and on a student’s Grade Point Average (GPA). For the LSAT, most law schools require a score of at least 150, with the more competitive schools requiring scores of 160 for admission. No law school is likely to grant admission for scores under 145. A GPA is an average of the grades received for all courses, converted onto a scale of 0 to 4.0. Generally, the minimum GPA for admission to law school is approximately 3.0 (equivalent to a lower second class degree from an Irish university), with the more competitive schools requiring a GPA of 3.5 or higher (equivalent to an upper second or first class degree from an Irish university).

Students should request applications and information from individual law schools. In addition to application forms, law schools will require letters of recommendation, transcripts (a record of all academic courses taken with the grade received for each; must be prepared by a university official) for all undergraduate and postgraduate study, a statement of purpose and, occasionally, an interview.

Most law schools require applicants to apply through the Law School Data Assembly Service (LSDAS). This service compiles the required application information into a single report that is then sent to each law school to which the student has applied. This report includes an undergraduate academic summary, copies of all undergraduate, graduate and professional school records, LSAT scores, letters of reference and writing samples taken from the LSAT. Application forms should be sent directly to the law schools, who will then request the report from the LSDAS. Registration with the LSDAS should take place by the end of the penultimate year of study and can be done when registering for the LSAT. Details of the LSDAS service can be found in the LSAT registration bulletin and on the LSAT web site.

For graduates of universities outside the US, LSDAS registration is limited to students attending institutions recognized by the LSDAS. For those students unable to register with the LSDAS, the application and all required information must be sent directly to the law schools.

Expenses

.Think About Law School

.Tuition Fees

.Average living Expenses

.Financial Aid for Law School

.US Admissions Service Fee

.LSAT web site


Qualifying to Practice Law in the US

In order to practice law, one must first be "admitted to the bar" in an individual state. This entails passing the state bar exam and any other exams required by the state bar examiners. For students with a JD degree from a US law school, most states will not grant permission to sit the exam unless the law school has been approved by the ABA.

Generally, state bar examiners require evidence of three qualities in exam candidates: sufficient general education at the undergraduate level; sufficient US legal education gained from an ABA-approved law school; and sufficient knowledge of local bar requirements. Each state bar administration sets its own criteria for permission to sit the state bar exam so prospective candidates must contact the individual state bar examiners for specific information.

The Bar Exam

Generally, most states require a candidate to have a JD degree from an ABA-approved law school in order to sit their bar exam. In some cases, graduates from a non-ABA-approved law school may be allowed to sit the bar exam in the state in which the law school is located.

The bar exam covers the law particular to that state and is approximately 6 hours in length. Some state bar associations may supply details of bar review courses in their state.

State Bar Associations

For state bar exams statistics:
National Conference of Bar Examiners

Other Exams
Multi State Tests

In addition to the state bar exam, 47 states also require the Multistate Bar Exam (MBE). The MBE covers general legal knowledge in areas such as contracts, torts (personal injury law), constitutional law, criminal law, evidence and real property. It is a 6-hour, multiple choice exam made up of 200 questions.

A typical second day of testing includes series of timed essay exams on a variety of subjects. This portion may be comprised of two other multistate exams: the Multistate Essay Exam (MEE) and the Multistate Performance Test (MPT). However, these exams are not as frequently required as the MBE and the MPRE.

Currently, 47 states also require law students to pass the Multistate Professional Responsibility Examination (MPRE). The MPRE tests knowledge of the ABA codes on professional responsibility and judicial conduct. However, some states will allow a student to sit this exam during law school, usually after finishing a course on legal ethics. The MPRE is a 2-hour, multiple-choice exam.

Character Evaluation
Part of the licensing process involves the assessment by bar examiners of an applicant’s character and fitness to engage in the practice of law. Currently, 16 states either require or allow applicants to register with their licensing agency during law school in order to conduct this assessment before the actual licensing period.

For Foreign-Educated Lawyers & Law Graduates
Just over half of all state bar administrators have stated that graduates of foreign law schools are not eligible to sit their bar exam under the rules of their jurisdiction. Of those states that will grant permission to foreign law graduates, most require that either the foreign law school is the equivalent of an ABA-school or that the graduate has done a certain amount of study at an American ABA-approved law school. If additional study is required, the precise amount will be expressed in terms of credit hours and certain subjects may also be specified. Admission to a JD program would be the most straightforward route towards gaining this credit, and some universities may award partial credit (advanced standing) towards the JD if the student has an undergraduate law degree.

Otherwise, a one-year LLM on top of an Irish law degree and qualification to practice may be sufficient for permission to sit the bar exam in some states. The student who considers this option should be aware that the number of credit hours required to sit the bar exam may exceed a given university’s regular LLM credit-hour requirement. Therefore, the student can expect to carry a slightly heavier course load than one doing an LLM for its own sake. Law graduates from other common law countries would be best advised to apply for a JD with advanced standing. However, it is possible that such students’ undergraduate common law degree combined with a US LLM might be sufficient for permission to sit the bar exam in a small number of states.

Taking Bar exams in Ireland
For information on taking the bar exams in Ireland for New York and California may we suggest you contact Griffith College, Dublin.

Please note that neither having a JD degree nor passing a state bar exam gives you the right to work in the US. (When applying for a student visa, a student must show that s/he intends to return to his/her home country after finishing the degree.)

Additional Resources

Other On-Line Resources

American Bar Association, Council of the Section of Legal Education and Admissions to the Bar, 750 North Lake Shore Drive, Chicago, IL 60611 USA. Tel: 001 312 988 5000

Association of American Law Schools, 1201 Connecticut Avenue, NW, Suite 800, Washington, DC 20036-2605 USA. Tel: 001 202 296 8851, fax: 001 202 296 8869

Law School Admissions Council, Box 2000, Newtown, PA 18940-0998 USA. Tel: 001 215 968 1001

National Conference of Bar Examiners, 333 North Michigan Avenue, Suite 1025, Chicago, IL 60601-4401 USA. Tel: 001 312 641 0963, fax: 001 312 641 2052

State Bar Associations

New York State Board of Law Examiners, 1 Executive Drive, Suite 202, Albany, NY 12203-5195 USA. Tel: 001 518 452 8700, fax: 001 518 452 5729

The State Bar of California, 180 Howard Street, San Francisco, CA 94105-1639 USA. Tel: 001 415 538 2000

The National Jurist Magazine

· Directory of State Bar Admission Administrators (also available from the National Conference of Bar Examiners web site)

.PreLaw Program: Going to Law School

.Princeton Review

.Internet Resources for Legal Studies

.LLRX.com: CongressLine: Legislative Monitoring

Glenn Bacal's impressive Guide to Internet Research for Lawyers is useful for anyone doing leagl research. "Completely updated with an edge and now with many new features, including annotated guides to best IP blog and news sites; IP sites for beinners; amusing IP sites; politically oriented IP sites; most useful websites for law students, and more!"


Specific resources for legal education may also be available from the Careers Offices at universities in Ireland:

·Comprehensive Guide to Bar Admission Requirements. Chicago: American Bar Association.
·Directory of Graduate Law Degree Programs. Washington, DC: Federal Reports Inc.
·The Official Guide to US Law Schools. New York: Law School Admissions Council.