What is mobility and how important is it?
Mobility is the possibility for lawyers registered with the Barreau du Québec to be able to practice and obtain a license to practice in another province of Canada or another country that recognizes the diplomas and / or the status of lawyer of the Quebec lawyer. This mobility can either be automatic, when there is a mutual recognition agreement between the jurisdiction of origin and the jurisdiction of destination of the academic achievements, titles and professional skills, or can be conditional to the successful completiong of one or more exams, or even to an obligation to undertake anew an academic course in the destination jurisdiction.
Allowing the mobility of lawyers who are members of the Barreau du Québec is not only very important for the dissemination and recognition of Quebec and civil law in the other provinces of Canada and of Canadian law outside Canada, but it also opens up a whole world of professional opportunities for lawyers looking for a job or simply for diversity of professional experiences in Quebec but also outside Quebec, either elsewhere in Canada or abroad.
The Association of Québec Bar Members Abroad works on a daily basis to facilitate the mobility of Québec lawyers and the recognition outside Québec of their academic and professional backgrounds.
Mobility in Canada
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Mobility in the United States
There are several routes to practicing as a lawyer from QC in the U.S.:
– Members of the Quebec Bar looking to advise U.S. clients on Quebec law may apply for a license as a Foreign Legal Consultant (FLC). This qualification only allows its holder, on the basis of a certificate of good standing from the Quebec Bar, to provide legal services and counsel clients in regards to the laws of Quebec in the State of issuance of the license. This option is available in 31 states, as well as the District of Columbia and the US Virgin Islands.
In order to become a Foreign Legal Consultant, the candidate needs to fill out a detailed application, submit various affidavits, and take an oath before the supreme court of the State that issues the license. Eligibility requirements vary State to State but generally require that the candidate has been practicing as a qualified lawyer in her/her home jurisdiction for a number of years, e.g. 3 of the last 5 years in New York.
– In addition, in many states, in order to practice as an in-house counsel, it is sufficient to be licensed and in good standing in another U.S. or foreign jurisdiction to apply for admission on motion. This allows to provide legal services through an office or continuous presence in a jurisdiction on two conditions according to Rule 5.5(d) of the American Bar Association’s Model Rules of Professional Conduct:
- the services are provided to the lawyer’s employer or its organiztional affiliates, and when the advice concerns the law of the U.S. state that granted the license or of another US jurisdiction, such advice must be provided by a lawyer who is duly licensed and authorized by the jurisdiction to do so;
- the lawyer has been authorized to provide such services by federal or any other law or rule in the jurisdiction.
Under this rule, in many states, in-house counsel must take a further step, namely registering with the state before being able to practice.
– The third route is to apply for a JD or LL.M. degree at a U.S. law school and, upon completion of the required number of credits to be eligible to sit for the State Bar Examination, take the exam and practice as a licensed U.S. attorney. Some jurisdictions, including California, allow foreign qualified lawyers to sit the State bar exam without having to obtain a LL.M. The requirements vary state by state.
Mobility in France
In order to become a French lawyer (« avocat.e »), foreign candidates can take an examination based on article 100 of the decree of November 27, 1991, by addressing an application to the Conseil national des Barreaux (CNB). The examination is meant to assess their knowledge of French law and includes concomitantly:
- two written tests of 3 hours each: one concerning pleading in civil matters, the other being a legal consultation in a subject of the candidate’s choice (administrative, business, labor or criminal law).
- two oral tests, i.e. a twenty-minute report on a subject randomly picked by the candidate (either on civil, criminal or administrative procedures, or on the French legal system); and a fifteen-minute interview with the examination board, where the candidate is asked about professional regulations and ethics.
Furthermore, the CNB may decide to exempt a candidate from the tests if the candidate is able to prove sufficient knowledge of French law through a number of publications (dissertations, theses, published articles or books in the course of university or scientific studies). Thus, the CNB takes into account the expertise of the applicant and not just their professional experience or degrees.
Since the signature on May 30th, 2009 of the Mutual Recognition Arrangement (ARM) between the CNB and the Barreau du Québec, Québec lawyers enjoy a fast-track admission route to the French bar upon passing a French legal ethics examination.
The conditions are:
- the candidate must have obtained from a recognized authority in Quebec or designated by Quebec, an LLB in law or any other equivalent diploma.
- the candidate must be in possession of a lawyer’s license in Québec.
- is the candidate must be registered with the Ordre du Barreau du Québec as a practicing lawyer and be able to prove that her/his activity is covered by a professional indemnity insurance which is at least equivalent to that of French lawyers.
The request must be addressed to the CNB’s president by registered letter with acknowledgment of receipt. The CNB’s decision is given in the two months following the candidate’s notice of his file’s receipt.
The examination takes the form of a unique oral test lasting 15 minutes that focuses on lawyers’ regulation and ethics.
Mobility in the United Kingdom
The UK is composed of three distinct legal jurisdictions, namely England and Wales, Northern Ireland and Scotland.
England and Wales
England and Wales makes a distinction between solicitors and barristers. While solicitors prepare the legal documentation for a court case and provide specialist legal advice to their clients, barristers represent, advocate and defend their clients in court or at a tribunal in addition to giving legal advice.
Firstly, foreign lawyers can apply for a registered foreign lawyer (RFL) status in England and Wales. An RFL can work in any firm, but cannot be a sole practitioner or a freelancer. A foreign lawyer as defined in section 89 of the Courts and Legal Services Act 1990 (CLSA) is « a person who is not a solicitor of England and Wales or a barrister but who is a member, and entitled to practice as such, of a legal profession regulated within a jurisdiction outside of England and Wales ». This status is an obligation for foreign lawyers wanting to become managers or owners of a law firm in England and Wales (except for Scottish advocates or solicitors and Northern Irish barristers or solicitors).
An RFL can practice the law of its home state and advise on English and Welsh law by providing unreserved legal services and the following services:
- carry out or supervise any unreserved English and Welsh legal work or foreign legal work the firm is authorized to practice.
- only if the firm the lawyer works for is authorized to carry out such work, advocate before a first-tier immigration tribunal and conduct and prepare documents in the course of immigration tribunal proceedings.
- assist during a litigation, only under instructions and supervision of a person entitled to perform the legal activity (such as a solicitor or a barrister), and they may execute this reserved legal activity of rights of audience if the litigation is held in Chambers in the High Court or a county court, and are not reserved family proceedings.
- perform the reserved legal activity, but only under the supervision of a person entitled to do so, and who is its employer, colleague or manager; and on the condition that the firm is authorized to perform such activity.
- perform or supervise any foreign legal work reserved to lawyers of their home jurisdiction or any other relevant legislation provided it is within the rules of their profession.
Any foreign lawyer wishing to become an RFL should consider with attention whether they are legally authorized to perform the work they intend to under the Legal Services Act 2007 (LSA), the Solicitors Regulation Authority (SRA)’ Standards and Regulations or any other relevant legislation that apply.
However, whether you are an employee of an authorized body, an in-house lawyer, or you work in a foreign law firm, and provided that you do not perform any legal activity reserved for English qualified lawyers under the LSA, you do not need to register as an RFL to practice. Moreover, it is not necessary to be an RFL to be a manager or an owner of a licensed body or any unregulated business.
In addition, foreign qualified lawyers may qualify as solicitors through the Qualified Lawyers Transfer Scheme (QLTS), or the Solicitors Qualifying Exam (SQE) as of September 1st, 2021.
The QLTS was introduced by the SRA on September 1st, 2010 and replaced the previous Qualified Lawyers Transfer Test (QLTT). In order to be eligible for the QLTS, one needs to be a qualified lawyer in an SRA-recognized jurisdiction, and to already be practicing law as a professional. That is to say, a qualified lawyer under the SRA has rights of audience, is recognized as an officer in the court and was awarded its qualification as part of a generalist legal education and training.
Under the SQE, lawyers will be eligible to be solicitors under the SRA’s satisfaction that:
- they obtained the relevant examination (QLTS or SQE) conducted by an SRA-appointed organization assessing their competence as solicitors
- they hold a degree, qualifications or experience that meet the criteria of a degree according to the SRA
- they have completed qualifying work experience meeting regulation 2 requirements
- they fulfil character and suitability requirements for solicitors (rule 13.1 of the SRA Authorization of Firms Rules)
However, if you hold a qualification that is recognized by the SRA and the latter is satisfied that your qualifications or experience showcase prescribed competences, the SRA may decide to exempt you from the assessment.
The SQE is composed of two tests: one assessing your functioning legal knowledge through multiple choice questions, the other assessing your practical legal skills through a client interviewing.
Northern Ireland
Northern Ireland has a Qualified Lawyers Transfer Test that enables lawyers qualified in a number of countries outside the Republic of Ireland to qualify as solicitors in this jurisdiction. England and Wales solicitors do not need to pass this test.
Scotland
Any lawyer qualified in another jurisdiction can apply to qualify as a Scottish solicitor via the Qualified Lawyers Assessment. Before taking the examination, the applicant must obtain a Certificate of Eligibility by providing an application form and a Certificate of Good Standing from Home Bar Association. Then, the assessment takes the form of eleven subjects to pass.