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As an American attorney, how can I find a job overseas? Thinking of packing up and moving your career across the globe? Find out what obstacles may lie in your way.
Question
states in the United States, most countries
to several American attorneys practicing
I am a fourth year lawyer who is considering
have certain qualification requirements for
overseas, and each appears to feel that they
working overseas or possibly in Australia.
those practicing law. How one gains quali-
are having a good experience. However, it is
What are the kinds of challenges that North
fication to practice law in a given country
important to note that relocating overseas
American lawyers need to consider when try-
varies substantially from one country to an-
is a difficult decision and can be very risky.
ing to find employment as a lawyer in these
other. Australia’s qualification requirements
When a country is prospering, lawyers with
countries?
are unique. There is no Bar examination in
experience in a needed practice area can be
Australia. In Australia, a regulating author-
in high demand, but work in an economically
Answer
ity approves undergraduate courses of study
volatile or depressed region can dry up very
Area of Practice. In recent times, the in-
and graduates of those programs are entitled
quickly and American lawyers may be the
creasing amount of privatization and the ease
to undertake practical training and can then
first to be forced to seek out new positions.
of capital transfer globally has driven much
be admitted as lawyers. Hence, the first thing
Additionally, the average salary for Austra-
of the demand for American lawyers over-
you must do is find out what the qualification
lian firms (including the Australian offices of
seas. Many foreign companies are obtaining
requirements are to practice law in Australia
U.S. firms) generally is less than the salaries
capital in ways that require a great deal of
and see if you meet those requirements.
in, for instance, New York City. Accordingly, any attorney relocating overseas should ap-
familiarity with the American legal system. In addition, most firms in Australia, Asia
proach their search carefully.
Accordingly, the areas of practice that have
and Europe require certain years of Post
attracted foreign law firms’ interest in Amer-
Qualification Experience, or “PQE”, for
Immigration. Issuance of a visa to work in
ican lawyers overseas are project finance,
lateral lawyers, meaning that they expect you
Australia is solely a decision for the relevant
M&A, debt/equity, capital markets, and gen-
to have worked as a qualified lawyer in the
Australian government authority. Immi-
eralized securities and derivate work. Given
subject country for a period of time before
gration is one issue that places you in a
the differences in law between the Australia
they would consider hiring you. Thus, even if
disadvantage over an equally qualified and
and American system of jurisprudence, it is
you have the requisite experience, PQE might
credentialed Australian lawyer. But immigra-
very difficult for non-transactional lawyers,
limit the chances of you obtaining a position
tion issues have been overcome numerous
i.e. litigators and regulatory attorneys, to
in Australia. Certainly, in rare circumstances
times by the candidates we have placed
have success with firms in Australia. Note
a native Australian law firm would be inter-
overseas. Of course, if a firm is interested in
that overseas law firms or American law
ested in a US lawyer with no Australian quali-
hiring you, they would sponsor you to obtain
firms with offices overseas are seeking
fications. On the other hand, US law firms
the necessary visa.
American attorneys with strong academic
with offices overseas tend to be more willing
records, degrees from top American law
to consider non-PQE candidates. However,
schools, and solid transactional experience
whether a given foreign office of an American
with a major recognized American law firm.
firm may have a need for American attorneys is a product of the type of work performed
Qualification. While Australia and America
by the firm. Just because a firm is based in
share the same foundation in common law
the United States does not mean that it has a
and democracy, qualification requirements
need for American attorneys.
differ greatly between the two countries. Similar to a Bar examination in the various
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Risk. In the past years, we have spoken