Menu:

Frequently Asked Questions

We've been amazed by the response to our position paper, and delighted to have received so many interesting questions by email. Here are answers to some of the questions most frequently asked.

  1. Who are you? Why are you doing this?
  2. What are we advocating?
  3. What is stopping graduates of ABA-accredited law schools from practicing in Canada?
  4. Why is it a good idea to grant graduates of ABA-accredited law schools equal access to the Canadian licensing system?
  5. Why are you only pushing Ontario to change its rules for American-educated lawyers? Don't other Canadian provinces have similarly restrictive policies?
  6. How do other jurisdictions treat foreign-educated lawyers?
  7. New York has very open rules regarding access for foreign-educated lawyers, correct? How has that worked out?

 

  1. Who are you? Why are you doing this?

    We started when group of Canadian students at NYU Law learned more about the restrictive rules against foreign educated lawyer admissions in Canadian jurisdictions. Interested in being able to return home, and thinking that these restrictive rules were not based on good policy, these students set about seeking change. From an initial three students we grew the group, and developed our paper and website. In recent months the NYU students have been joined in the project by a number of Canadians at other US law schools. We have also been helped by others including professors, administrators, parents & friends.

  2. What we are advocating?

    It is time for Ontario to adopt a bar that is as open to the graduates of ABA-approved U.S. law schools, just as New York 's bar is open to graduates of Canadian common law schools. In particular, the LSUC should allow graduates of U.S. law schools approved by the ABA to write the Ontario bar examination on the same basis as graduates of Canadian common law schools.

  3. What is stopping graduates of ABA-accredited law schools from practicing in Canada?

    The Law Society of Upper Canada's restrictive rules regarding foreign legal education make it difficult for foreign trained law students to gain entrance to the bar. Before a foreign educated candidate may write the bar exam they face lengthy, expensive requirements, ranging from additional exams to 1-3 semesters at a Canadian law school. These requirements effectively deter well-educated students wishing to return to Canada to practice

    For example, before an ABA-educated law school graduate could write the Ontario bar examinations, she would have to apply to the Ottawa-based National Committee on Accreditation (NCA) for a Certificate of Qualification. Moreover, the NCA likely would require her to complete an additional one or one-and-a-half academic years of coursework at a Canadian common law school, or an additional eight to ten examinations costing more than $500 each, before she could sit for the standard bar examinations.

  4. Why is it a good idea to grant graduates of ABA-accredited law schools equal access to the Canadian licensing system?

    Graduates of ABA-approved law schools are educated equivalently to graduates of Canadian law schools – Law schools in both Canada and the United States feature similar teaching methods and philosophies, similar skill development, and similarly high standards;

    Current Ontario bar admission regulations discriminate against ABA-educated law students; removing these restrictions would raise the quality of service in the Ontario legal market; and

    Graduates of most common law schools are given open access to the New York bar, and New York legal practice thrives under this policy.

  5. Why are you only pushing Ontario to change its rules for American-educated lawyers? Don't other Canadian provinces have similarly restrictive policies?

    Most other provincial law societies have similar policies for foreign-educated lawyers. We are going to push all common law provincial law societies over the coming months. We have started with Ontario for a number of reasons, but think our suggested changes should come into force in all the common law provinces.

  6. How do other jurisdictions treat foreign-educated lawyers?

  7. New York has very open rules regarding access for foreign-educated lawyers, correct? How has that worked out?

    New York has allowed lawyers with a 'substantially equivalent' common law legal education equal access to their bar admissions process since 19--. Research indicates that these foreign educated lawyers have performed well. Some 45% of all New York's foreign educated lawyers listed in the Martindale-Hubbell directory work at Am Law 100 firms (the largest 100 firms by revenue). As these are among the most competitive, complex work environments in the state, it suggests that many foreign educated lawyers are regarded as high quality practitioners. The foreign educated lawyers at Am Law 100 firms serve as partners, counsels and associates in about the same proportion as lawyers on the whole at these firms. Foreign educated lawyers work in a number of other practice areas beyond large firms, including even in the judiciary. New York's foreign educated lawyers do not appear to be significant professional discipline or malpractice problems. Further details are to come as more data is analyzed.