Peculiarities of becoming a lawyer in the USA

The U.S. legislation in the part of regulation of the legal profession differs significantly from similar norms of the countries of the continental system of law, which makes it very attractive to study. In this respect, it should be noted that the U.S. law does not contain the term "lawyer", which is familiar to Russian lawyers.

It should be clarified from the start that in American law there is no term "lawyer" as Russian lawyers are accustomed to. Instead, American lawyers use the term "lawyer with a right to practice law" ("practice of law"). To become a practicing lawyer in the USA and to be able to represent a client in court, one must be a member of a bar (hereinafter in this article we will use the term "Bar" instead of "bar"). At that, unlike in the Russian Federation where the requirements for obtaining the status of a lawyer are established at the federal level, each state of the USA and similar jurisdiction (for example, territories under federal control) has its own judicial system and establishes its own rules for admission to the state bar association.

The term "bar" (American Bar Association, State bar of Illinois, etc.) used in American law literally means "railing." In the early 16th century, a railing divided a hall at Inns Court, England, into two parts-one for teachers and the other for students and trainees. Students who successfully completed their studies and officially became lawyers were "called into the [legal] community" by crossing a symbolic physical barrier ("bar") and thus became "admitted to the [legal] community." Later the term meant the wooden railing separating the seat of the judge in the courtroom from the seat where the accused were with their lawyer. The first legal qualification examination in the United States, was instituted by the colony of Delaware in 1763, in the form of an oral examination taken by a sitting judge. By the end of the 19th century, examinations were taken by a committee of lawyers, and in written form.

As we indicated earlier, each state has its own rules for admission to the Bar Association, which must be met by a lawyer wishing to practice law. After reviewing the eligibility requirements in various states, we conclude that to qualify as a lawyer in the United States, candidates must receive a law degree, successfully pass a personality test, pass a qualification exam, and pay a membership fee. Let's look at each of these requirements in more detail. As a general rule, most states require applicants for admission to the bar to have at least a bachelor's degree in law (Juris Doctor) from an American Bar Association-accredited institution.

In states such as California and Georgia, the rules for obtaining status require training at state-approved institutions, but not those accredited by the American Bar Association. In New York State, special consideration is given to those who have received a foreign law degree, with most bachelor's law degree holders eligible to take the bar exam and, upon successful completion, become attorneys.

A different approach to evaluating a candidate's credentials is taken in the state of Arizona, where people who have received a law degree from schools not accredited by the American Bar Association are not allowed to take the qualifying exam. The legality of this rule has been questioned many times in Arizona courts, but the court has always upheld the Arizona Bar Association's arguments. In other words, graduates of schools not accredited by the American Bar Association could not qualify as lawyers in Arizona, but that was not a barrier to becoming a lawyer in other states.

A special feature of American law in terms of the requirements for applicants for the status of a lawyer is the possibility of acquiring such a status without receiving a legal education. In order to do so, the applicant must, if the norms of a particular state allow it, successfully complete the Reading the law program. There are additional requirements in New York state, which also requires that applicants who have completed the Reading Law program also attend law school for at least one year.

In all U.S. states, applicants to the bar take the Multistate Professional Responsibility Examinatio (MPRE), an exam that tests knowledge of the rules of professional responsibility of lawyers. The test does not include any questions about a lawyer's qualifications, and it is not administered at the same time as the bar exam. Most candidates have already taken this exam by the time they graduate, and it is usually taken immediately after taking the Lawyer's Professional Responsibility course (a required course at all American Bar Association-accredited schools).

The next required step in becoming a lawyer is passing the bar exam, which is administered by the bar association or a state supreme court. Most states administer the Uniform Bar Examination (UBE) to "test the knowledge and skills each attorney must demonstrate before being admitted to practice law" and to "ensure a uniform approach to the qualifications required of lawyers. UBE states additionally allow candidates to be tested on their knowledge of federal law by means of a test. The Uniform Exam consists of three parts:

• Multistate Bar Examination (MBE), a standardized test of 200 multiple choice questions covering key areas of law: constitutional law, law of obligations, criminal law and procedure, federal civil procedure rules, federal rules of evidence and land law. The applicant has three hours to answer 100 questions in the morning session and the same amount of time to answer questions in the afternoon session (the exam is given in February and July);

• The MultistateEssayExamination (MEE) is a unified, though not standardized, test that examines a candidate's ability to analyze legal issues and communicate them effectively in writing. Topics vary from those mentioned above and include questions in areas such as corporate law, commercial law, inheritance and family law (the exam is also given in February and July);

• The MultistatePerformanceTest (MPT) is a test in which each candidate must perform a standard legal task (e.g., drafting a statement or letter). The candidate is provided with case materials and a "library" of relevant case law plus some irrelevant material.

In those states that do not accept the Uniform Qualification Examination, applicants must pass a qualifying examination as well as a professional responsibility ("ethics") examination included as part of the core exam.

In addition to the required education and examination requirements, most states require applicants to demonstrate high moral and ethical standards. State Bar Association personnel committees look to an applicant's history to determine whether the person will continue to behave in a dignified manner in the future. To do so, the committee considers criminal arrests or convictions, violations of the academic honor code, prior bankruptcies or evidence of financial irresponsibility, the existence of mental disorders, the commission of crimes or misdemeanors of sexual misconduct, prior civil suits and even a history of driving. For example, in early 2009, an individual admitted to the New York State Bar Association who was over $400,000 in debt was denied employment with the Appellate Division of the New York State Supreme Court because of excessive debt. The individual was later removed from the New York State Bar registry.

When applying for a state bar examination, applicants must fill out numerous forms that require disclosure of important personal, financial and professional information. In Virginia, for example, each applicant must fill out a 24-page questionnaire and may be called before a committee of the State Bar Association to clarify information. Integrity is paramount in filling out the questionnaires and throughout the process of becoming a lawyer. An applicant who fails to disclose material facts, regardless of whether the information he or she provides is false or inaccurate, jeopardizes his or her chances of getting on the bar's roster.

An applicant who fails to disclose material facts, regardless of whether the information he or she provides is false or inaccurate, jeopardizes his or her chances of being admitted to the bar.

After passing all of the required examinations and if all of the requirements discussed above have been met, all that remains for the candidate to do to become a lawyer is to undergo the oath of office procedure. The mechanics of this procedure vary widely from state to state, but in general it boils down to the candidate's oath to comply with the law and the candidate's subsequent inclusion on the practitioner's registry. In the case of California, for example, the state of California is a state in which the candidate is sworn to comply with the law.

In California, for example, a candidate takes an oath before any state judge or notary public, who then signs a special form that is given to the State Bar Association. Upon receiving the signed form, the California State Bar Association adds successful candidates to the list of applicants recommended for admission to the bar, which is automatically ratified by the California Supreme Court at the next regular weekly meeting; the candidate is then placed on the official roster of attorneys.

In addition to the list of applicants for admission to the bar, the California State Bar Association has a list of applicants recommended for admission. After a lawyer is admitted to the bar registry, he or she may practice law within the state whose bar association he or she is a member of, so most lawyers are only allowed to practice law in one state. However, various state laws do not explicitly prohibit obtaining the ability to practice law in more than one state, either by passing examinations in other states or by going through a status recognition process in another state. This is common for those who live and work in metropolitan areas that sprawl over several states (Washington, D.C., New York, Chicago). Attorneys operating near state lines often seek to get on multiple state registries in order to expand their client base.