Steps to practising law

Nine of the 10 provinces in Canada are common law jurisdictions, while the Province of Quebec is a civil law jurisdiction. Foreign lawyers may register in any of the 10 provinces as a foreign legal consultant (FLC). Australian lawyers wishing to practise Canadian Law must apply to the National Committee on Accreditation (or Barreau du Québec's Equivalences Committee for practising in Québec) for an evaluation of their legal credentials. They must then determine the province in which they wish to practise law and meet additional requirements established by that province.

Legal professional representative bodies:

• Federal level – Federation of Law Societies of Canada
• Province or territory level – various law societies (view list via Federation of Law Societies of Canada)
• National Committee on Accreditation - Meeting the Assigned Requirements

PR China is a civil law jurisdiction. Generally, foreign nationals cannot be admitted to practise in China and foreign law firms may not practise Chinese Law. However, Australian lawyers may work in China for foreign law firms and perform legal services that do not involve the interpretation of Chinese Law.

Legal professional representative body: All China Lawyers Association

Foreign lawyers wishing to practise in Hong Kong are able to get a limited license, which entitles them to offer foreign advisory services. To gain admission as an overseas lawyer, Australian lawyers may be eligible to sit the Overseas Lawyers Qualification Examination. They must first have two years of post-admission experience in their home jurisdiction.

Legal professional representative bodies:

• For solicitors – Law Society of Hong Kong
• For barristers – Hong Kong Bar Association

A foreign lawyer can obtain a licence entitling them to offer advisory services in Indonesia, but he/she must be sponsored and employed by a local law firm (ie partnership). A foreign lawyer cannot obtain a full licence to practise law in Indonesia. Lawyers must be Indonesian citizens and reside in Indonesia.

Legal professional representative body: Perhimpunan Advokat Indonesia - PERADI (Indonesian Advocates Association)

Malaysia is geographically segregated into two parts: West Malaysia (also known as Peninsular Malaysia) and East Malaysia (known as Sabah and Sarawak). A person who is qualified to gain admission as a barrister or solicitor in Australia (in the state in which the university is situated), and having passed the requisite courses prescribed by the respective Barristers/Solicitors Board or its equivalent, is a 'qualified person' to apply for admission. However, one must be a federal citizen or permanent resident of Malaysia in order to be admitted. Lawyers admitted to practise in Peninsular Malaysia do not have automatic right to practise in Sabah and Sarawak. An application for an ad hoc admission licence must be made to the High Court in Sabah and Sarawak.

Legal professional representative bodies:

• For Peninsular Malaysia – Legal Profession Qualifying Board Malaysia (via The Malaysian Bar Council)
• For Sabah – Sabah Law Society (and The High Court in Sabah and Sarawak)
• For Sarawak – Advocates Association of Sarawak (and The High Court in Sabah and Sarawak)

It is not possible in New Zealand to be admitted only as a barrister or only as a solicitor. You will be admitted as both, but will hold a practising certificate either as a barrister or as a barrister and solicitor. The Trans-Tasman Mutual Recognition Act 1997 (TTMRA) allows Australian-qualified solicitors and barristers to apply for automatic admission in New Zealand by following a two-step process – Admission by the High Court of New Zealand and Application for practising certificate.

Legal professional representative body: High Court of New Zealand (via New Zealand Law Society)

There are no citizenship restrictions on foreign legal consultants in Singapore. A foreign lawyer can obtain a limited licence to offer advisory services in foreign and international law by either a foreign or local practice. A foreign lawyer can obtain a full licence to practise law in Singapore and will be subject to the same requirements as a local applicant. Foreign lawyers with two or more years of experience may seek admission to practise law in Singapore by sitting for and passing the Singapore Bar examination. Exemptions apply.

Legal professional representative bodies:

• Legal Profession Secretariat (LPS) (via the Singapore Attorney-General’s Chambers)
• The Law Society of Singapore
• Singapore Academy of Law

Australian lawyers may practise in Vietnam provided they have submitted a written request to the Ministry of Justice for a Practising License. Foreign lawyers may advise on Vietnamese law if they also hold a Vietnamese law degree, and meet all of the requirements to be a lawyer in that jurisdiction. They must be qualified in an overseas jurisdiction such as Australia and be either employed with a Vietnam-based law firm, or demonstrate that they belong to a foreign lawyers organisation for specific practising of the legal profession in Vietnam.

Legal professional representative body:  Vietnam Ministry of Justice

There is no requirement for a foreign lawyer to obtain a licence to practise as a foreign legal consultant. The Qualified Lawyers Transfer Scheme (QLTS) allows those who are already qualified lawyers in other jurisdictions to qualify as solicitors of England and Wales without having to complete the full education and training requirements. A foreign lawyer must be a 'Qualified Foreign Lawyer' (QFL) and complete the Bar Transfer Test to quality for admission as a Barrister in England and Wales.

Legal professional representative body:

• For solicitors – Solicitors Regulation Authority (SRA) and The Law Society of England and Wales
• For barristers – Bar Standards Board (BSB) and The Bar Council

Both foreign and domestic law practitioners in the United States must be admitted to the relevant bar association of the state in which they wish to practise. The United States has no mutual recognition scheme granting recognition of legal qualifications in a foreign jurisdiction. Lawyers who wish to practise law in a US jurisdiction must contact that jurisdiction's regulatory body, as each US state has its own requirements for bar admission.

Legal professional representative body: American Bar Association (ABA)

• Comprehensive Guide to Bar Admission Requirements 2021