How to be a lawyer in Canada

Grow.

When one arrives in a new country, he has grandiose dreams.

Much like the dreams that he left back home. But only more vivid, more reachable.

Maybe it is earning more than he has ever dreamed of, or living a life of utter happiness or peace, contributing to his greater good, fulfilling his potentials.

Be what he was – doctor, teacher, lawyer, engineer, architect, scientist – learned, professional, respected.

He finds that in his new country, in Canada, it is not so easy.

It is not easy but it is possible.

If you are a foreign professional and you want to practice your profession in Canada, take heart from the fact that the path has been laid out for you. Some more clear than others, yes, but many have laboured long and hard so that the future will see that road.

The future is now. You are it.

If you are a foreign lawyer in British Columbia, and you harbour the dream of getting back to your profession, here are the steps:

• Apply for an assessment with the National Committee on Accreditation via their website. Here are the documents you will need for this:

• an original set of your final academic transcripts issued by the institution where you pursued your undergraduate (non-legal) post-secondary or university studies. Copies will not be accepted
• a current detailed Curriculum Vitae (a résumé of your education and work experience)
  • TIP: Before you do this, get a tip on how to write your resume from an immigrant serving organization. A good resume will spell the difference of whether you get 4, 5 or all exams.
• payment of a non-refundable application fee of $410 CDN, plus all applicable taxes. Please note the NCA accepts credit card payments ONLY.

• You should also make arrangements for the following documents to be sent directly to the NCA by the following institutions:

• an official copy of your academic transcripts issued by the institution where you obtained your legal education
• if applicable, a certificate or letter of membership in good standing issued by the local regulatory authority which governs your admission to the practice of law in that jurisdiction
• if applicable, an official copy of your transcripts issued by the local regulatory authority which governs your admission to the practice of law in that jurisdiction, for any courses or examinations required by such authority.

When the completed application form and fee payment have been received, the NCA will send you a confirmation email indicating an NCA file number. The email will specify which documents have been received, and whether any are outstanding. During the assessment process, the NCA may request that you provide additional information or documentation.

Applications are normally processed, and an assessment mailed to you, within three (3) months of receiving all required documentation.

• Foreign lawyers typically have to challenge eight (8) examinations if their country is a non-common law jurisdiction.

The mandatory/core common law subjects are:

a)      Principles of Canadian Administrative Law
b)      Canadian Constitutional Law
c)      Canadian Criminal Law and Procedure
d)      Foundations of Canadian Law
e)      Canadian Professional Responsibility

The other exams may be in any of the following:

a)      Civil Procedure
b)      Commercial Law 
c)      Contracts
d)      Corporate Law
e)      Evidence
f)      Family Law
g)      Property 
h)      Remedies
i)      Taxation
j)      Torts
k)      Trusts

The results of the assessment may be challenged.

Do note that new policies came into effect on January 1, 2015.

• You have the option to choose to take the NCA examinations or take the equivalent Canadian law school courses.

• TIP: Several schools (including UBC) offer a Master of Laws (Common Law). However, you must meet their individual entrance requirements. Once you have completed this, you are also deemed to have passed the NCA examinations. This is quite expensive and competitive, but if you have the means, the time, and if you can qualify because of your good grades/work experience, you would have skipped many of the hoops. You can also opt to take courses (online or in-class) without going through rigorous entrance requirements (just slightly rigorous for in-class).

• The NCA examination process is entirely self-study and you are responsible for your own course materials and program of studies.

There is no private tutoring or consultation available through the NCA. A syllabus and sample exam are available for each subject to be examined. These syllabi are generally revised once annually and are in effect for a full calendar year starting in January.

• TIP: There are law schools that offer review programs.

Once you have successfully completed the NCA requirements, you must request a Certificate of Qualification. Common Law societies in Canada normally accept the NCA’s Certificate of Qualifications for entry to their Bar admission process.

• To be called to the British Columbia bar, you are required to complete the 12-month Law Society Admission Program that includes nine (9) months of articles, as follows:

• Articling (9 months) – students engage in practical legal work in a law firm or other legal workplace. (NOTE: You must find your own articling position.)
• The Professional Legal Training Course (2.5 months) – Emphasises practical skills training, ethics, practice management and practice and procedure to help new lawyers build the gap between law school and practice.
• Examination – At the end of the Law Society Admission Program are two qualification exams based on the PLTC course work and course materials.

You must complete the Law Society Admission Program satisfactorily before applying for call and admission to the bar. Approximately six weeks before your anticipated licence date, you will receive a package from the Law Society that includes the application for call and admission, information about the membership options and applicable fees.

After completion of all requirements for call and admission and approval of appropriate documentation, you must take the barristers and solicitors oath prior to becoming eligible for practice.

The entire process will take about 1 to 5 years, give or take, depending on whether you have mouths to feed and need to keep a full time job, or how committed you are in becoming a lawyer.

Many have done it; some have totally abandoned the thought and changed careers; some found new goals.

If you so decide to go through with it, it will be well worth all the effort.

To start you on your way, you can tell yourself that Rome wasn’t built in a day.

Whether you think you can, or think you can’t, you’re right – Henry Ford

Notebook cover design by Danvic Briones.