WANT TO TAKE YOUR LEGAL CAREER TO THE UNITED STATES?

Australian lawyers can enter the US to work under the E-3 Visa status. This status enables American law firms to sponsor Australian lawyers in a ‘specialty occupation’ and is a well-facilitated process.

LEVEL OF EXPERIENCE

There are a lot of Australians who have become partners in New York law firms. These lawyers have made a significant impact on the firms which makes firms interested in hiring more people from Australia with similar legal backgrounds.

US firms are looking for top-tier lawyers with a good track record and strong credentials, generally anyone who has two to seven years of experience.

Are you in your second year as an Australian lawyer?

When Australian lawyers move to the US their experience is discounted by two years, this means that an Australian lawyer with two years of experience would generally start as a first year in the US. This is because Australian lawyers have not grown up in the US system, they do not have a US law degree, and therefore, they are not as knowledgeable about the US legal system. First-year lawyer salaries start at the equivalent of AUD 330,000 plus bonus.  

Are you in your third/fourth year as an Australian lawyer?

The optimal experience level for Australian lawyers taking their careers to the US are those who start as a third-or fourth-year lawyer. They would have a salary plus bonus package of approximately AUD 480,000 and AUD 570,000 respectively. Note that this is also the amount equivalent to a partner salary at most top Australian firms.

Are you in your sixth year as an Australian lawyer?

A sixth-year lawyer in the US is required to supervise and lead teams, this is difficult to do if you have not sat the Bar yet, have the appropriate qualifications, or have knowledge of the jurisdiction. 

Are you in your eighth year as an Australian lawyer?

It is more complex for a lawyer beyond their 8th year in an Australian firm to want to relocate to the US. This is because, at the seven-year mark, US firms assess whether you are on track to become a partner. This means either you are making a partner or pursuing an alternate path. For Australian lawyers beyond the seventh year, and without direct US law experience, they are not a cost-effective option for US firms in terms of charging out to clients.

JOB OPPORTUNITIES  

Job opportunities for Australian lawyers are generally in US law firms, they are unlikely to get a role in-house or in Government. 

US law firms are often willing to work with Australian lawyers on their upskilling and will pay for and work around their Bar accreditation. However, Government bodies and in-house legal teams are generally not willing to do so.

For the first six months, most US law firms will bear the cost of upskilling lawyers including sitting the Bar, as these firms have the infrastructure and the system down pat. However, in the case of in-house teams, most do not have the infrastructure or capability to get a lawyer up to speed. Keep in mind that some firms that are not prepared to go through this process.

Australian lawyers can only sit the Bar in specific states, the most common being New York, California and Texas. The requirements vary significantly between jurisdictions. 

US firms look at the years of experience, practice area, your deal sheet, the ranking of your firm, the strength of your team and stability in your employment history, but if you are slightly falling down in one of these areas, having sat the bar will help lift you up. 

Moreover, having strong academic credentials is vital because a US law firm will be unlikely to consider you if you did not perform well in your law degree.

Moving between US states?

US firms adhere strictly to the state rules on where a lawyer has been accredited and hence what jurisdiction they can practice. This means if you want to live and work in New York, US law firms would insist on you being admitted in New York. However, if you move states within the US, you would have to take another Bar exam unless there is reciprocity and you can ‘waive in.’ For example, if you want to move between New York and California, you will need to pass another challenging Bar exam. 

Which areas of law are transferable to the US?

Mergers and acquisitions, private equity and debt finance are transferable to the US. 

Renewable energy M&As and project finance are booming in the US right now, along with activity in investment funds and restructuring. There is very little demand for international litigators.

BAR EXAM

US law firms generally cover the bar exam cost and the course preparation fees through a recommended provider such as BARBRI. 

Lawyers will start work with a US law firm and then take leave to sit the exam. This is two weeks of paid leave and two weeks of unpaid leave for study. The exam happens twice a year in February and July.  

Preparation for the Bar exam includes learning a high volume of material.  

Some firms prefer lawyers to do the exam before they start work and therefore coordinate start dates around the February and July exam sittings so the lawyers can start work after having sat the Bar. 

However, if you take the Bar before applying to firms it will make you an attractive international candidate. This is because employers would prefer if you have already sat and passed the Bar, as it means that they don’t have to cover the cost and you are ready to go from a regulatory standpoint.

OVERSEAS RECRUITMENT AGENCIES

1. Robert Walters

This is a global recruitment consultancy with a strong focus on placing professionals in law. Their US recruitment services are tailored to find lawyers from overseas, such as Australia, to meet the growing demand in US firms.

Robert Walters has offices in New York, Los Angeles, and San Francisco and they have connections with top-tier US law firms. 

The agency focuses on placing lawyers in law firms and in-house legal roles. They work closely with international and US-based law firms that seek lawyers with specific expertise in corporate law, intellectual property, litigation, and regulatory compliance.

The agency assists Australian lawyers in understanding the US legal industry, such as the Bar requirements, salary expectations, and work culture.

The agency provides advice in interview preparation, CV optimization, and negotiations on employment terms. The aim is to ensure a smooth transition for overseas candidates entering the US legal market.

2. Michael Page Legal

This is a global recruitment agency specializing in placing legal professionals across a variety of sectors, including private practice and in-house legal roles. They provide specialized services to both US-based and international lawyers, including those from Australia. 

Michael Page Legal operates in New York, Los Angeles, and Chicago. The agency specializes in recruiting for Australian lawyers in finance, technology, healthcare, and energy. They work with junior associates to senior partners, and corporate counsel positions.

Michael Page Legal guides candidates through visa requirements, US Bar exams, and other legal market entry barriers. They work closely with top US law firms, including both large multinational firms and mid-size boutique firms.

Moreover, they also offer candidates comprehensive recruitment services, including personalized career advice, assistance with resume writing, interview preparation, and guidance through the negotiation of offers and contracts.