Master of Laws

From Free net encyclopedia

The Master of Laws is an advanced law degree that allows someone to specialize in a particular area of law. It is commonly abbreviated LL.M. (also LLM or LL.M) from its Latin name, Legum Magister. (For female students, the less common variant Legum Magistra may also be used.)

1 Background on legal education in English-speaking countries
2 International situation
3 Types of LL.M. degrees
4 Requirements
5 LL.M. Related Links

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Background on legal education in English-speaking countries

In order to become a lawyer and practice law, a person must first obtain the professional law degree. This degree, called a Juris Doctor in the United States and a Bachelor of Laws in other English-speaking countries, is a generalized course of study that exposes students to a wide range of topics. It is designed to provide the basic skills and knowledge needed to become a lawyer. As there are many required courses, it is difficult to focus on a particular area of law.

If a person wishes to gain specialized knowledge in a particular area of law, they can continue their studies in an LL.M. program. The word legum is the possessive plural form of the Latin word lex, which means "specific laws". When used in the plural, it signifies a specific body of laws, as opposed to the general collective concept embodied in the word jus, from which the words "juris" and "justice" derive.

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International situation

In most countries, lawyers are not required to hold an LL.M degree, and nearly all choose not to obtain one. In fact, the education systems of most countries did not traditionally include LL.M. programs.

Historically, the LL.M. degree is an element particular to the education system of English speaking countries, which is based on a distinction between Bachelor's and Master's degrees. However, during the past years, specialized LL.M. programs have been introduced in many European countries, even where the Bologna process has not yet been fully implemented.

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Types of LL.M. degrees

There are a wide range of programs available worldwide, allowing LL.M. students to focus on almost any area of law they choose. Most universities offer only a small number of LL.M. programs. One of the most popular LL.M. degrees in the United States is tax law. Other common programs include environmental law, human rights law, commercial law, intellectual property law and international law. Some LL.M. programs, particularly in the United States, focus on teaching foreign lawyers the basic legal principles of the host country (a "comparative law" degree).

With regard to admitting foreign lawyers to the bar the United States is a mixed case. The two major states for legal practice, New York and California, take different paths. New York allows foreign lawyers to sit for the NY bar once they have completed their LL.M. if that LL.M. was awarded from an ABA approved law school, consisted of at least 20 credits and involves at least 2 basic subjects tested on the NY bar exam. In addition foreign lawyers from civil law countries have to present that they had at least 3 years of law studies in their home countries. Lawyers from common law countries face more lenient restrictions. California, on the other hand, allows students who have not completed a three-year legal degree program in American law (or, in very rare circumstances, an apprenticeship) to sit for its bar exam after completing an LL.M. in Comparative Law from an ABA approved law school. The culmination of the two must equal four years of legal study. Other states are similar to California in requiring an LL.M. to be taken by foreign lawyers in order to take the bar exam. However, California's position has come under fire as of late regarding its unfair educational requirements for foreign lawyers and the four year requirement, especially when ABA law schools are becoming less and less credible than some foreign institutions.

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Requirements

LL.M. programs are usually only open to those students who have first obtained the professional law degree. Thus, it is an advanced degree for persons who are already lawyers, rather than for persons wishing to become lawyers.

LL.M. programs usually last one year. LL.M. programs are varied in their graduation requirements. Some programs require students to write a thesis, others do not. Some programs are research oriented with little classroom time, while others require students to take a set number of classes.

In the United States, the professional law degree discussed above is called the Juris Doctor (J.D.). Persons in the United States who obtain a LL.M. do so after they receive their Juris Doctor. Thus, they receive a doctorate degree first and their Master of Law degree second. This is due to the fact that the professional law degree in the United States was originally called the Bachelor of Laws, abbreviated as LL.B. Though some U.S. law schools had granted the Juris Doctor to graduates holding a bachelor's degree, it wasn't until the late 1960's that the American Bar Association approved the change for all of its affiliated law schools to better represent the academic standing of those holding law degrees. However, the LL.M. name was never changed, resulting in a situation where a Master of Laws degree is actually a more advanced degree than a J.D. for U.S.-educated lawyers.

LL.M. degrees in the United States are often earned by students wishing to develop more concentrated expertice in a particular area of law such as taxation. However a general LL.M. degree is often sought by foreign lawyers who wish to practice in the United States. An LL.M. degree from an ABA approved law school allows a foreign lawyer to become eligible to apply for admission to practice in certain states, such as New York. Typically, these foreign candidates have previously obtained a foreign law degree abroad. U.S.-educated lawyers, before proceeding to obtain an LL.M., generally have a total of seven years of education: four as an undergraduate and three to obtain a J.D. Foreign lawyers (who may have been trained in undergraduate institutions, giving the traditional name for the basic law degree, the LL.B.) generally have a total of five years of education: four in their home country, and one in the United States as an LL.M. Although foreigners may obtain an LL.M. after fewer total years of academic training than their U.S. colleagues, it represents a greater degree of achievement in legal education.

Pursuing an LL.M., also allows law students to build a professional network. Some associations are providing LL.M. degree holders with a permanent structure to strenghten their connections among peers and to access a competitive business environment.

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