Foreign Trained Immigrants and Access to their Professional Fields: The Case of Foreign Trained Lawyers Dr. Julian Hermida Algoma University

1
Foreign Trained Immigrants and Access to their
Professional FieldsThe Case of Foreign Trained
LawyersDr. Julian HermidaAlgoma University
2
Legal practice in Canada

• Regulated profession.
• Provincial jurisdiction.
• Common law vs. Civil law.
• Foreign legal consultants.
• Licensed practicing lawyers.

3
Assessment of foreign legal credentials

• The National Committee on Accreditation
• NCA composition 3 law school professors (2
  deans) and 5 practicing attorneys.
• Mandate Equivalent education and training to
  graduates of Canadian law school.

4
NCAs hidden goals

• To prevent US lawyers to practice in Canada.
• To prevent Canadian students from studying
  abroad.

5
NCA erroneous assumptions

• Canadian law is unique.
• Canadian law schools teach black letter law.
• Common law and civil law are radically different.
• Canadian legal education is superior to most
  countries.

6
Assessment of foreign legal credentials

• Source country of legal education.
• Subject matter studied.
• Academic marks and standing.
• Nature of the degree granting institution.
• Professional qualifications and experience.
• Length and nature of legal experience.

7
Other assessment factors

• Language of instruction.
• Academic standing.
• Content of courses.
• Quality of undergraduate education.
• Age of degree.

8
NCA decisionsCommon Law systems

• US 1 year to 1 ½ years.
• England, Wales, Australia, New Zealand, Hong
  Kong 1 to 2 years (some cases even 3 years).
• India and Pakistan 2 years

9
NCA decisions Civil Law systems

• Rest of the world No recognition of foreign
  legal credentials.

10
Assessment factor as a barrier to legal practice

• Most immigrant lawyers trained in developing
  countries do not apply for assessment of their
  foreign legal credentials.
• No recognition for foreign legal credentials
  obtained in developing countries (civil law
  jurisdictions).

11
Conclusions

• Reform of the assessment of foreign legal
  credentials.
• Potential contribution to the Canadian legal
  profession.