Study Overseas

There were continued discussions of the bench and the bar about the need for the regulation and accreditation of law schools in the United States and in 1923 Standards for the Approval of Law Schools were adopted by the American Bar Association, and the Section of Legal Education and Admissions to the Bar began the accreditation process. The ABA accreditation program is for American law schools offering the first degree in law, the J.D., which is a post baccalaureate degree. This accreditation by the American Bar Association permits law school J. D. graduates to sit for the bar examination in each of the admitting jurisdictions of the United States.

While the law school accreditation program accredits law schools for the purpose of offering the J.D. degree, the growth area in American legal education the past decade has been the LL.M. degree. The intent of those law schools offering the LL.M. is to enhance the skills and knowledge of individuals having their first degree in law. Essentially there are two principal variations of the LL.M. degree. The first are those related to advanced study of specific subjects such as taxation, international and comparative law, business law, intellectual property, natural resources and environmental law, health law, real estate law, labor law, dispute resolution, maritime law and bankruptcy law. The students in these programs are usually American, often practicing lawyers who wish to develop or enhance an expertise in a specific area of law. There are also foreign trained lawyers enrolled in these programs.

The second type of the LL.M. degree is one offered specifically for foreign trained lawyers. These programs usually consist of one or more required courses providing an introduction to American law and then a choice of various course topics usually from the courses offered in the J.D. curriculum. An LL.M. from an American law school obtained by a foreign trained lawyer does not generally qualify the individual to sit for a bar examination in an American jurisdiction. If the holder of the LL.M. degree is permitted to sit for a bar examination in a particular jurisdiction, there are often certain courses prescribed by the bar examining authorities that must be taken in law school as part of the LL.M. course of studies.

The position of the American Bar association is that only persons possessing a J.D. degree should be permitted to sit for a bar examination. The American Bar Association does not accredit or approve LL.M. degree programs, rather it acquiesces in their establishment. The accrediting body permits an approved law school to offer the program. It does not approve the program, rather it is an approved law school which offers an LL.M. program about which the accrediting body has taken no action concerning the LL.M. program academic content or quality. The ABA Standards provide as follows:

A law school may not establish a degree program in addition to its J.D. degree program unless the school is fully approved. The additional degree program may not detract from a law school's ability to maintain a J.D. degree program that meets the requirements of the Standards.

Without diverting teaching resources from the J.D. degree program, a program leading to an advanced law degree shall have sufficient resources to meet the objectives set by the law school offering the advanced degree program, including not fewer than one full-time faculty member or administrator who has primary responsibility for the advanced degree program. If an advanced degree program relates to a designated field of legal study or research, not fewer than one full-time faculty member or administrator who is identified with the field should be among the program's instructors.

There are no rules by the accrediting authority as to the number of credit hours required for the LL.M. degree, whether there should be a substantial writing requirement associated with the degree or what specific courses should be taken to receive a LL.M. degree in a specific subject matter area. These matters are determined by the law school offering the degree. Many law school programs require a written thesis produced under the supervision of a full-time faculty member, but some do not. Some programs provide opportunities or even require an internship experience, but others do not. Generally schools require between 20 and 24 semester credit hours for the degree earned over a period in residence of one year with a cumulative grade point average of B. Part time students usually are allowed two calendar years to complete their study. For American students seeking an LL.M. degree, most law schools require a J.D. from a law school, either approved by the American Bar Association, or a member of the Association of American Law Schools. Current questions under consideration by the Graduate Committee of the ABA Section include the following:

1. What should be the action of the Accreditation Committee and Council regarding advanced degrees (acquiescence, approval, no action, etc.?)
2. What if any additional requirements should there be for advanced degree programs to ensure that they have content beyond the J.D. program?
3. Should there be specific requirements for LL.M. programs for foreign trained lawyers?

Increasingly the American legal education establishment is concerned that law schools offering the LL.M. degree have processes whereby the quality and integrity of the degree program is assured. In addition to a director of the program, schools are concerned about a significant writing experience and a logical selection of course subjects for the degree.

The LL.M. degree in the United States is in a transitional stage. Hopefully its status and its requirements will be clarified in the near future.

with thanks to: the American Bar Association