Doing legal business in the USA

UK exports to the US

For the UK, the US is our most important destination for legal services exports.

The UK was by far the largest source of legal services imports for the US in 2023.

UK legal services imports to the US were worth $2.2 billion. This accounted for 41% of total US legal services imports.

Legal services imports from the UK to the US have grown by:

• 12% between 2022 and 2023
• 327% over the last 10 years
• 624% since 2006 (the first year that legal services trade was tracked)

The US imported $5.3 billion of legal services in 2023. This is much lower than its legal services exports.

However, US legal services imports have grown strongly over time. Imports grew:

• 5.7% from 2022
• 127% over the last 10 years
• 337% since 2006

US exports to the UK

In 2023, the US exported $17.5 billion in legal services. This was an increase of:

• 7.5% from 2022
• 84% over the last 10 years
• 233% since 2006

The UK was the largest destination for US legal services exports in 2023. These legal services exports were valued at $3.7 billion, up from $3.3 billion in 2022.

By comparison, US exports of legal services to all 27 members of the European Union (EU) were valued at $4.1 billion in 2023.

Its legal services exports to Canada, the second largest export destination, were worth $1.7 billion. To Japan, the third largest export destination, they were worth $939 million.

In 2023, the US exported a total of:

• $1.7 billion in legal services to the countries of Latin America
• $865 million to countries in the Middle East

Difference in UK/US reporting

There is a discrepancy between the UK Office of National Statistics figures and US Bureau of Economic Analysis statistics for UK exports to the US.

By US measures, imports of legal services from the UK were valued at $2.2 billion in 2023.

By UK measures, exports of legal services to the US were valued at £2.35 billion.

At the average GBP-USD exchange rate for 2023, this would be equivalent to roughly $2.92 billion – a discrepancy of around $700 million.

The discrepancy between US and UK statistics is much larger for UK imports of legal services from the US.

According to the US Bureau of Economic Analysis, the US exported $374 billion in legal services to the UK in 2023.

According to the Office for National Statistics (ONS), the UK only imported £464 million in legal services from the US.

This is equivalent to roughly $577 million at the average exchange rate for 2023 – a discrepancy of more than five times.

The legal system and courts

At the federal level, the US uses a common law legal system based on English common law.

This system also applies at the state level, except for Louisiana, where state law is based on the Napoleonic civil code.

The highest court is the US Supreme Court. This consists of nine justices nominated by the president, with the advice and consent of the senate. Justices serve for life.

There are 12 regional and one federal district courts of appeal. Below these, there are 94 federal district courts in the 50 states and territories.

Federal courts handle cases that deal with issues of:

• constitutionality
• laws and treaties of the US
• disputes between states
• admiralty law
• bankruptcy and habeas corpus

The US also has state court systems in each state. These usually mirror the organisation of the federal court system, with a court of last resort, often known as the 'supreme court’. Sometimes there are also intermediate courts of appeal.

State courts hear:

• most criminal cases
• probate
• most contract, tort, and family law cases

State courts are the final arbiters of state laws and constitutions. Their interpretations of federal law or constitutional law can be appealed to the US Supreme Court.

State court judges are selected in various ways, including by direct election.

Makeup of the legal profession

There are 1.3 million lawyers in the US. 25% are in just two states:

• New York state (188,341 lawyers)
• California (170,959 lawyers)

Texas is in third place at 96,827.

There are four lawyers for every 1,000 residents nationwide.

This number is higher in New York (9.6 per 1,000 residents) and Massachusetts (6.1 lawyers per 1,000 residents). California has only slightly more than the national average.

The number of lawyers nationwide grew by 5% between 2013 and 2023.

Diversity

In 2023, 39% of lawyers were women and 61% men. This is a small improvement over 2013, when 34% of lawyers were women. Only 22% of all equity partners were female in 2020.

Greater strides have been made in increasing diversity of race and ethnicity.

Lawyers of colour represented 21% of the profession in 2023, compared to 11% in 2013.

The percentage of law firm partners who are lawyers of colour has risen for 31 consecutive years.

In 2022, 11.4% of all law firm partners were lawyers of colour, double the share in 2007.

Diversity is higher for associates. In 2022, 28% of all associates were lawyers of colour, up 20% from 2012.

Salaries

According to the US Bureau of Labor Statistics, the average (mean) wage for lawyers (excluding profits for law firm partners) in 2023 was $176,470.

It was the biggest one-year rise in 20 years.

However, over the past 20 years lawyers’ salaries have grown at slightly less than the rate of inflation.

Lawyers’ mean wages vary depending on location. The highest paid lawyers are in:

• Silicon Valley ($267,840)
• San Francisco ($239,330)
• Washington, DC ($211,850)

Lawyers in the New York and New Jersey region earn an average of $193,280.

The median salary for first year law firm associates increased by 21% between 2021 and 2023 to $200,000. An eighth year associate can expect to make $307,500 on average.

Larger firms generally pay more than smaller firms. By contrast, the median entry-level salary for public service lawyers at public interest organisations was $63,200 and for public defenders $59,700.

Firms

The largest firms in the world by revenue are headquartered in the US. This includes Latham & Watkins, Kirkland & Ellis, and Baker McKenzie.

The top 100 firms in the US generated revenues of almost $140 billion in 2023.

According to the AmLaw Global 200 Rankings, the largest firms by revenue for 2023 were:

Legal education and admission to the bar

Legal education in the US generally happens at the graduate level at a law school.

There is not a formal undergraduate pre-law programme. Students complete a bachelor’s degree in any subject before applying to law school.

The professional degree granted by US law schools is called the Juris Doctor (JD).

Entry to law school is highly competitive. Besides undergraduate grades, an important factor for admission to law school is the Law School Admission Test (LSAT).

The LSAT is a standardised test administered four times a year. It tests analytical and logical reasoning skills and writing ability. Many students spend months preparing for it.

There are 196 US law schools accredited by the American Bar Association (ABA). Law schools have different levels of prestige. Graduates from top law schools earn higher salaries on average.

There are several well-known annual rankings of US law schools, but the most prestigious schools are often considered to be:

• University of Chicago
• Columbia
• Harvard
• New York University
• Stanford
• Yale

As well as a law degree, prospective lawyers must meet further state-specific requirements, such as a bar exam. This also applies to foreign lawyers looking to requalify.

Read our guidance on requalifying as a US lawyer.

39 states, the District of Columbia and the US Virgin Islands use the same Uniform Bar Examination (UBE). The UBE is administered in three parts:

• Multistate Bar Examination: a standardised 200-item text covering constitutional law, contracts, criminal law, evidence, real property, and torts
• Multistate Essay Examination: an exam made up of six essay questions
• Multistate Performance Test: a practical performance test

In 2022, 116,723 students were pursuing JD degrees. This is down from a peak of 147,525 students in 2010.

65% of students did not enter law school immediately after their undergraduate degree, with 53% waiting more than three years before pursuing their law degree.

55.7% of law students are women. Women have made up the majority of law students since 2016.

Ethnic diversity among law students has also increased. In 1978, students of colour made up only 9% of all first-year law school seats compared to 35% in 2022.

Regulation and representation

Lawyers in the US are regulated at the state level. The ultimate regulator in all states and the District of Columbia is the highest appellate court of each state.

In states such as California, the legislature has a role in the regulation of lawyers. However, the California Supreme Court retains ultimate authority.

In some states, the courts have delegated responsibility for regulation and discipline of lawyers to the state bar association.

In other states, the courts have created an agency separate from the bar for that purpose.

Some states have mandatory bar membership, while in others the bar is a voluntary representative body.

For more information, see the National Conference of Bar Examiners' (NCBE) list of state regulators.

Legal ethics rules

The American Bar Association (ABA) issued Model Rules of Professional Conduct in 1983. These serve as models for legal ethics rules in many jurisdictions.

Their adoption is not mandatory.

Many jurisdictions do not use the ABA Model Rules.

Those jurisdictions that adopt the ABA Model Rules often adapt and change the language. This means there is no standardisation of legal ethics rules across the US states.

Practising in multiple states

There are restrictions on “multi-jurisdictional practice”. These restrictions make it difficult for a lawyer licensed in one US jurisdiction to practise law in another US jurisdiction, even on a temporary basis.

For example, lawyers have been disciplined for answering work emails from their home in New Jersey when they are licensed just across the Hudson River in New York.

There is a recognition of the changing nature of legal practice, in particular post-COVID.

Professional bodies have advocated for changes to the ABA Model Rules to make multi-jurisdictional practice easier.

The American Bar Association (ABA)

The ABA was founded in 1878. It’s the largest voluntary professional association in the world, with around 400,000 members.

Foreign lawyers based anywhere in the world can be members of the ABA as well.

The ABA is a sprawling organisation currently composed of 21 sections, seven divisions and many commissions, standing and special committees, forums and task forces.

The 21 ABA sections are specialty groups that focus on a unique area of law or business. They carry out in-depth examination of issues, regulations and national trends.

Its seven divisions help legal professionals with their professional goals based on their career stage and/or practice setting.

Forums explore and monitor areas of law as they emerge on a national scale.

Standing and special committees examine specific topics ranging from environmental law and bioethics to pro bono and public service.

ABA entities have more than 3,500 committees and collectively publish numerous magazines, journals, newsletters and books each year.

The ABA can provide suggestions and advice on regulation of the profession to relevant state-level regulators. While very influential, it has no official regulatory functions.

Learn more about the ABA

Local bars

In some states, bar membership is mandatory. In others, the local bar is a voluntary representative body.

For example, the State Bar of Texas is an agency of the judiciary under the administrative control of the Texas Supreme Court. All attorneys licensed to practise law in Texas must be members.

The New York State Bar Association is voluntary.

The California Lawyers Association (CLA) is a voluntary body created by the state legislature in 2018. It assigned the regulatory, disciplinary, admissions and licensing functions to the California Bar Association, and created the CLA for the representative and continuing legal education functions.

For more information, see the National Conference of Bar Examiners' (NCBE) list of state regulators.

City bars are rising in prominence. They can provide networking and continuing legal education opportunities closer than the state bars which may be headquartered in the smaller state capitals.

Temporary practice

Temporary practice occurs when a lawyer travels to a foreign jurisdiction and provides legal advice there for a short period of time before returning to the jurisdiction where they are normally based. It is also known as ‘fly-in-fly-out’ provision of legal services.

Travelling for business development meetings, to attend conferences or to provide training is not considered temporary practice.

Learn more about travelling to the US for business.

A foreign lawyer can meet with clients for business discussions as long as they don’t give legal advice.

Providing legal advice to clients in the US by telephone, video chat or email (known as ‘remote provisions of legal services’) while physically in the UK or another jurisdiction is also not considered temporary practice.

Foreign qualified lawyers providing legal advice in the US while in another country can face serious sanctions.

While it is very difficult for authorities to monitor and enforce, there is a risk if disgruntled clients or opponents in a case report the unauthorised practice to the regulator.

Only a small number of US states currently allow UK and other foreign-qualified lawyers to practise on a temporary basis without first obtaining a licence.

To obtain a licence, you must register as a foreign legal consultant (FLC) where the jurisdiction has provisions for this.

If you’re intending to travel to provide legal advice to a client, you are required to register as a FLC before the visit. This applies to most US states, even if you’re only attending a single meeting.

You do not need to register as a FLC if the meeting is only for business development purposes and you’ll provide any legal advice to the client once you’ve returned to the UK.

Among the major jurisdictions addressed in this guide, only Florida, Washington DC and New York allow foreign lawyers to practise temporarily without a licence. This is subject to the lawyer meeting certain conditions.

Foreign legal consultant (FLC) status

FLC status is a means to practise in the US as a foreign-qualified lawyer.

Lawyers who register as a FLC can provide advice on the law of their home jurisdiction (for example English law) and international law.

They cannot provide advice on US law.

You’ll usually need FLC status before you can carry out temporary practice.

Attorney-client privilege applies to FLCs in New York, California and Texas.

Currently around 33 states have adopted a FLC scheme. More have been adopting provisions over time.

Provisions for practice by foreign qualified lawyers are part of the ABA Model Rules 5.5: Multijurisdictional Practice of Law.

States that do not currently have a FLC scheme in theory have no means of permitting a foreign lawyer to provide home-title legal services.

For more information, see this 2018 map of states that had FLC schemes.

For updated information, see our guidance for major jurisdictions or email international@lawsociety.org.uk.

Solicitors who meet the eligibility criteria of the relevant state regulator can register as a FLC with the state authorities.

This process can be complex and time consuming. It requires you to provide evidence of a foreign qualification and practising experience.

The Solicitors Regulation Authority (SRA) provides certificates of good standing and certificates of attestation.

You can provide these to US authorities as evidence. Jurisdictions may require additional documentation.

Requalifying as a US attorney

It is common for a solicitor planning on working long-term in the US to requalify as an attorney in the state where they are working.

This allows them to provide broader legal advice and ensures they do not accidentally stray into providing advice on US law.

Requalifying with a law degree

To requalify as a US attorney, solicitors need to pass the bar exam in the state where they intend to practise.

Most states have legal education requirements to sit the bar exam. Most require applicants to have a law degree from an ABA-approved law school.

The following states allow exceptions for foreign qualified lawyers:

• California
• New York
• Texas
• District of Columbia
• Illinois
• Maryland
• Massachusetts
• North Carolina
• Ohio
• Pennsylvania
• Tennessee
• Washington

In these states, a law degree from England or Wales is considered equivalent to a US law degree. This means solicitors who hold a university degree in law are eligible to sit the bar exam.

Apart from California, all these states use the Uniform Bar Examination (UBE).

The UBE is administered twice a year over two days, starting on the last Tuesday of February and July.

UBE scores can be transferred from one jurisdiction to another. Different jurisdictions have different minimum passing scores.

This means if your exam scores were not high enough to pass the bar in one jurisdiction, the same results may be enough to pass in a different jurisdiction.

In California, solicitors need to pass the California Bar Examination. This is not part of the UBE.

All these states also require applicants to pass a Multistate Professional Responsibility Examination (MPRE). This is administered separately three times a year.

Some jurisdictions, such as New York, require applicants to complete a jurisdiction-specific component and/or pass a test on jurisdiction-specific law. This is in addition to passing the UBE.

Requalifying without a law degree

Solicitors who qualified in England and Wales without a law degree are generally not eligible to sit the bar exam in most states.

This means they can’t obtain a second qualification as a US attorney.

To qualify to take the bar exam in most states, foreign lawyers without a law degree usually need to first obtain one of the following from an ABA-approved law school:

• Juris Master (JM)
• Master of Laws (LLM)
• Master of Comparative Law (MCL), or
• Master of Jurisprudence (MJ) degree

California is the only state that allows foreign qualified lawyers who do not hold a law degree to sit the bar exam without completing additional legal education.

Overview of key practising rights

Jurisdiction guides

Get more information about the rules and regulations in these major jurisdictions:

• California
• Florida
• Illinois
• New York
• Texas
• Washington DC

Visa waiver programme

UK lawyers can apply for a visa waiver for business trips lasting up to a maximum of 90 days.

A business travel visa permits activities such as:

• negotiating contracts
• consulting with business associates
• attending conferences

A business travel visa does not generally allow for gainful employment or productive work.

A visa allows you to meet with clients in the US for business development purposes, but you are not allowed to charge for this time while travelling under a business travel visa.

It is important to keep in mind that any restrictions on provision of legal advice by non-US accredited lawyers also apply to business visitors.

In most US jurisdictions foreign lawyers cannot provide legal advice without first obtaining foreign legal consultant (FLC) status. This applies even if you are giving advice on the law of your home jurisdiction, and even if you don’t charge for the advice. New York is a notable exception.

For more information, see our guidance on temporary practice.

To obtain a visa waiver, UK lawyers must:

• have the unrestricted right of permanent abode across the UK, and
• hold a valid Electronic System for Travel Authorization (ESTA) approval prior to travel

Learn more about the visa waiver programme

B-1 temporary business visitor visa

UK lawyers who do not qualify for the visa waiver programme can apply for the B-1 temporary business visitor visa.

You can apply for a B-1 visa if you intend to undertake business of a commercial or professional nature.

The right to undertake professional activities under this visa alone does not provide the right to practice law as a foreign lawyer. For more information on this, see our guidance on temporary practice.

A B-1 temporary visa lasts for a maximum of six months. It can be extended by an additional six months.

Find out how to apply for a B-1 visa.

Obtaining employment in the US

US Citizenship and Immigration Services has guidance on requirements to obtain employment in the US as a:

• temporary worker
• permanent worker

Practising rights are separate from employment rights.

The right to work in the US alone does not mean you have the right to provide legal services.

Learn more about practising in the US as a foreign lawyer.