Will I need to take the American Bar exam if I studied Australian Law? 27 Answers as of July 11, 2013

I'm just asking, seeming as the B.A.R exam in the America and Australia are different, does this mean if I were to qualify as a barrister in the America would I need to re-sit a B.A.R. examination to be able to practice as a barrister in Australia?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
I do not know the rules in Australia but I imagine it is the same as in America which is that you have to pass the bar of the state ( each state has its own bar exam there is not just one bar exam for America as a country) in which you want to practice. Thus as an example if an attorney is admitted in NY and wants to practice law in NJ and PA and Ct he would have to take exams in each of those states.
Answer Applies to: New York
Replied: 7/19/2011
Law Office of Andrew Subin
Law Office of Andrew Subin | Andrew Subin
Probably yes. Never looked into Australia, but American licensing in worthless in Canada. To practice in Canada, an American lawyer has to take the Canadian bar exam.
Answer Applies to: Washington
Replied: 7/12/2011
Osterman Law LLC
Osterman Law LLC | Mark D. Osterman
I cannot begin to answer your question. Admission to the States Courts usually is predicated on attendingclasses in a law school when coming from a foreign jurisdiction. The American Bar Association (ABA) is not a licensing entitity.
Answer Applies to: Indiana
Replied: 7/12/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
You must pass the bar exam in each state in which you wish to practice.
Answer Applies to: Alabama
Replied: 7/12/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Thank you for your inquiry. There is a different Bar Exam for each state. As a general rule, you must pass the bar exam in the state in which you will practice. Contact the state in which you will practice for their rules of admission I hope tha tthis was helpful.
Answer Applies to: Michigan
Replied: 7/12/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    There is no American Bar. You have to be licensed in each state that you want to practice in which would mean either sitting for that state's bar exam or getting a waiver. Many states will not even give waivers to lawyers from other states. (For example, California requires Texas lawyer to take their bar exam even though Texas does not require California lawyer to take the exam to be licensed here.)
    Answer Applies to: Texas
    Replied: 7/11/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    To practice law in America you will need to pass the bar exam in the state in which you intend to practice. The laws and exams vary from state to state and no single examination will qualify you to practice across America. It is likely that if you intend to practice in Australia as well, that you would need to pass whatever formal licensing examinations are in effect there.
    Answer Applies to: Louisiana
    Replied: 7/11/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    EACH STATE HAS A BAR EXAM THERE IS NO AMERICAN BAR EXAM YES YOU MUST TAKE THE LOCAL BAR EXAM UNLESS THERE IS SOME SORT OF RECIPROCITY WHICH I DOUBT.
    Answer Applies to: Tennessee
    Replied: 7/11/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    There is no American bar, each state has a different exam and you'd be limited to practicing in the state you're admitted in. Yes, you'd have to sit for the exam and go through the process here. I'd suggest contacting the bar for the state you're interested in living in. Much luck.
    Answer Applies to: New York
    Replied: 7/8/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    If you are asking, if you are licensed to practice in Australia, will you have to take a Bar (not B.A.R. exam), in America, the first question is whether you legal education/practice in Australia would even allow you to be considered as eligible to take the Bar exam in whatever State you wish to practice in (there is no National exam that allows you to practice in all States,each state has it's own eligibility requirements and Bar exam).
    Answer Applies to: Michigan
    Replied: 7/8/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    Each state has there own bar exam, there is no American bar exam per se. I am sure you would have to take the Australian bar exam.
    Answer Applies to: Florida
    Replied: 7/4/2013
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    The bar exam is administered by each state. You would need to pass the bar exam or otherwise qualify for admission to the bar in each state that you wanted to practice law in. There is no national bar exam in the United States.
    Answer Applies to: Michigan
    Replied: 7/8/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. I believe so. The only way you would not have to is if there was a specific reciprocity provision.
    Answer Applies to: New York
    Replied: 7/4/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Yes that is probably the case but you should consult Australia about this.
    Answer Applies to: Michigan
    Replied: 7/11/2013
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    There is no American bar exam. Every state has its own. There are no barristers in America either, that is a casual term fondly applied sometimes to litigation attorneys here. You are asking the wrong people. You will need to consult with Australias authorities to determine the rules for admission there, and whether admission to practice in a state in the US will help. Probably not, except to provide some of the education and practice for taking the classes and tests in Australia. As an example, Britain gives some limited credits for courses taken in the US, towards the Barristers education requirements, and limited credit for time in practice in the US towards qualification under Britains Inns of Court requirements. Americans still have to take the Barristers exam.
    Answer Applies to: California
    Replied: 7/8/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    You would need to ask your bar association in Australia what they require for licensing. Ask if you have an American license if that will automatically admit your or if there are other steps you have to take. In America, most states require that you graduate from an ABA approved law school and practice the bar exam in that state as well as pass character & fitness evaluation and pass the MPRE in order to be admitted.
    Answer Applies to: Michigan
    Replied: 7/8/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    First, each state has their own bar exam related to state specific laws. To practice befope the courts in any particular state, you must pass that state's bar exam. That is true whether you have a foreign license for law or not.
    Answer Applies to: Minnesota
    Replied: 7/7/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    You will need to sit for the bar exam in any state in which you wish to practice. American Law was derived from British Common Law at the time of the adoption of the U.S. Constitution. Moreover, America has statutes, regulatory rules and agency theories that differ from Australian or Commonwealth nations. Two unique areas of law are American Tax Law and Indian Law. In those states with a heavy Native American Population, such as The State of Washington, there may be a bar question touching on tribal law. Additionally, The United States bar associations do not recognize a split between Barristers and Solicitors. American attorneys are both. Most of us chose what you would regard as Barrister's work or Solicitors' work but none of us are all of one or the other.I am decidedly on the Barristers' side of practice but I also draft wills occasionally. In addition to Indian Law and Tax Law, we in the States are confronted by a unique to America monstrosity known as Administrative Law. I do not believe such a creature exists in the Commonwealth Nations. Your best bet is to take a bar review course wherever you decide you wish to practice. If you are looking at Washington State, most of my colleagues found success with BARBRI.
    Answer Applies to: Washington
    Replied: 7/7/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    You need to take the Bar in the state(s) you wish to practice.
    Answer Applies to: Connecticut
    Replied: 7/7/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    I would believe you would need to sit for an exam in Australia in order to practice there. As long as your education is sufficient to permit you to sit for the bar exam in whichever State you wish to practice, you would also need to pass the State bar exam.
    Answer Applies to: Kansas
    Replied: 7/7/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    Every state in the U.S. has different rules about how an attorney can become licensed to practice in that state. I believe most (if not all states) will require that you attend a law school that is approved by the American Bar Association or the Bar Association of that state, as well as taking the bar examination for that state. I believe that California has the most liberal bar admittance rules, but I do not know the rules of each of the 50 states. At one time California would allow you to take the bar exam without even attending any law school, but I think that rule may be long gone. You may wish to inquire with the American Bar Association. Also, you could check the websites for the bar association of each individual state. If there is a need for you to appear in one particular case, you may be able to apply to appear pro hac vice. You will need to have an attorney admitted to that state assist you with the application. Again, I must say that as you are not licensed in any state, nor have you attended an American law school, I do not know if any state would allow such an appearance. Good luck to you.
    Answer Applies to: Georgia
    Replied: 7/7/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Yes. Not only will you have to take another bar exam to practice in the United States but you will likely have to take a separate bar exam for every state you want to practice in. If you want to practice in California, our state does not recognize other state's bar exams. Other states, however, may recognize the passing of the California bar exam because it tends to be the hardest exam to pass.
    Answer Applies to: California
    Replied: 7/7/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Absolutely, and only certain states (like California) will allow you to even sit for their bar exams. Most states require a Juris Doctor degree as a prerequisite to sit for the bar.
    Answer Applies to: California
    Replied: 7/7/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    To practice in the US you must pass the bar and ethics panel and be sworn in as an attorney in that state.
    Answer Applies to: New York
    Replied: 7/4/2013
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    The bar rules vary state to state in the U.S. You should contact the Bar Association in whichever state you are thinking of moving to.
    Answer Applies to: New Jersey
    Replied: 7/4/2013
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