If you ask people about the purpose of a J.D., the general answer will likely be that it is the degree needed to become a lawyer in the United States. While the reality is a bit more nuanced (a prime example: foreign-educated lawyers), I think that captures the expected “purpose” well. For U.S. undergraduates who want to become lawyers here, the general path is to complete a J.D. program.
Now, what about the purpose of an LL.M.? The answer to that questions is far more complex and really depends on who you ask. For this piece, I am only focused on residential LL.M. programs for foreign-educated lawyers and law school graduates.
Over the last decade, I have found that most of the LL.M. students I have worked with or met fit into one of the five general categories below, though there are exceptions. I encourage my students and Beyond Non-JD readers thinking about LL.M. programs to consider whether they fall into one of the categories. This is helpful to decide which law schools have programs that are good matches for your goals.
The “traditional” international model
Foreign-educated lawyers and law school graduates from outside the United States coming into the U.S. on a student visa to study for one year and return to their home jurisdictions to begin or continue practicing.
These students may or may not seek work experience through optional practical training upon graduation and may or may not seek to take a state bar exam.
The “traditional” local model
Foreign-educated lawyers and law school graduates already in the United States and settled in a location who are seeking a path to becoming practicing attorneys in the United States.
These students are generally focused on passing a state bar exam and prefer to minimize the length of additional time spent on legal education in the United States in choosing the LL.M. over the J.D.
The LL.M. as a fast track to U.S. practice model
Foreign-educated lawyers and law school graduates, inside and outside the United States, who have already secured a job and are looking at options to receive a U.S. legal education and become licensed in certain states.
These students can range from people who will participate in foreign associate programs to people who are expecting to work in more long-term positions at U.S. firms, often through cross-border connections between their firm and their counterparts in the United States.
The LL.M. as a calculated risk model
Foreign-educated lawyers and law school graduates from outside the United States coming to the U.S. on a student visa to study, whose goals primarily revolve around a legal career in the United States. Employment considerations in the United States are the driving force behind their decision.
These students may have researched the J.D. and LL.M. and made the decision the LL.M. is the better for path for their individual goals. From my experience, it’s also possible that some were unaware of the differences.
The LL.M. as an entry point to the U.S. model
Foreign-educated lawyers and law school graduates from outside the United States coming into the U.S. on a student visa to study, open to seeing how the year evolves and then making decisions.
These students tend to not be locked into a specific path or outcome. Some will go through LL.M. to J.D. transfer programs if their schools allow, some will look at an Advanced J.D. after the LL.M. Some will see how the year plays out before deciding on taking a state bar exam, working in the U.S., returning to their home jurisdictions or working in another jurisdiction.
Know which category fits you best
Knowing which of the five categories best describes you (or if you are in a separate category) is helpful for a couple of reasons. Knowing your category is important as it can help you ask essential questions when deciding between programs that can impact how easy or difficult it becomes to achieve your stated goals and how much that will ultimately cost.
And on the other side, understanding the purpose of LL.M. programs for U.S. law schools is equally important. To understand whether a program aligns with your goals, you must balance your purpose for choosing an LL.M. program with the law school’s purpose for offering an LL.M. program.
A few good questions to ask when speaking with schools: “what is your law school’s purpose for this LL.M. program?” or “what does your law school hope to accomplish by offering this LL.M. program?” Additionally, knowing your category can help with an important follow-up question: “based on the type of student I would be and what my goals are, do you think your LL.M. program is a good fit for me?”
Best of luck throughout the 2023-24 cycle!
