Tuesday, June 23, 2009

 

The myth of international law

I am often shocked at how many people come to law school hoping to become a practitioner of "international law." They often imagine a globe-trotting life of trying cases in international tribunals. I have sad news-- there really is no such thing as that type of international law, at least on any large scale. Instead, there are many lawyers whose practice involves international clients or transactions, but this is just one part of their practice. Few are able to maintain a wholly international practice.

Of course, you might consider immigration law to be international (and it is), and there are people who do that full time. My friend IPLawGuy has a significant international practice, but he is an IP lawyer first, and those clients ask the same questions as the others.

My advice is this: If you want to have an international practice, don't think you will work in "international courts." Few people do, and almost no Americans. Rather, pick a specialty that will lead you to have international clients, such as patent work, immigration, or Intellectual property. The excitement is there, believe me, and the practice can be fulfilling.

Comments:
Yes, its true, I do handle a number of matters that lead significant contacts with people in other countries. But I have never appeared in a courtroom outside the United States and its highly unlikely that I ever will.

I have travelled overseas on business, but the trips were mostly for marketing purposes.

And my international clients have visted me here in D.C. and at conferences in other U.S. cities, although again, it's mostly for marketing that they come here.

I do enjoy the fact that I have made friends in other countries through my work... and that's the best part of what I do.
 
Yes . . in general I would think it's true that the notion of jetting all over the world to appear in court in different countries just doesn't happen, or happen very much.

But I do have a question, because I counsel students who have lived in many countries and who often want to study outside the US: There are law courses (in the UK, for example) that are called "International Law" or ""International Law and Politics."" (here is one, for example: http://www.londonmet.ac.uk/ug-prospectus/courses-09-10/international-law-international-politics.cfm) and I could give other examples.

In the UK, students can go directly into law school after doing a college-prep high-school program. It's that way in many other countries.

One of my students now finishing the French Bacc will go to a UK university where she will study a combination of English and French law, and be qualified to practice in both countries. Of course, one needs fluency in both languages to do this. But this is a type of "international law," on a small scale admittedly.

I guess my question is this: are you speaking of law study in the US, specifically, or more generally making the point that it's difficult to be qualified to practice law in multiple countries?

Maybe it gets to the question of what "international law" actually means--which is probably where the confusion lies.

If it means "law related to multinational issues," then maybe these UK degrees which call themselves "international law" are not mis-named.

If it means "related to a body of law which is international," or "the ability to practice law across national boundaries" then maybe there are badly mis-named.

I guess I'm confused because I do see law degrees out there that describe themselves explicitly as "international," and I need to be able to dispel any myths my students have about this type of law that sounds ultra-glamorous to them.

Kind of like Marine Biology, which they often think they want, too . . .
 
Being licensed in two jurisdictions (UK and France) is a great thing. American lawyers, though, don't have that option. I think that is a good plan for you student-- but it is a very different one than American students have in mind.
 
In Europe, there's a lot more cross border business than in the U.S.


There are a few American lawyers that are licensed to practice in other countries, and some foreign lawyers that are licensed to practice here. Several Canadians have U.S. bar licenses.

As a practical matter, however, that means they can review contracts or court papers and opine upon their meaning without getting sued for malpractice.

Which leads me to a point that I have written and lectured on: American lawyers need to be EXTREMELY careful when making recommendations to clients based upon an understanding of a law in another country. If that advice goes bad and the client raises malpractice as an issue, the lawyer's insurance carrier is NOT going to be sympathetic or helpful
 
As a non-lawyer, I would suggest that an attorney working for a multi-national corporation, be it banking or oil would have some international exposure based upon the business they are working on.

I knew this to be true with the derivative attorney's at Salomon Brothers. Mostly they were dealing with their counterparts in the foreign office on regulatory type issues. The one thing I never asked the attorney's I worked with was what state they were required to be licensed in. Especially since Salomon was a NY firm, but we had staff attorney's in Tampa or Houston or other trading offices.
 
As a student ambassador for Baylor Law I've called almost 1,000 admitted students for upcoming quarters and was blown away with how many of them planned to practice "international law." Generally when I asked them to elaborate on what they hoped to do I got something along the lines of "you know, practice law internationally, I'd love to live abroad."
 
Osler - what about international arbitration? There are lots of attorneys in NYC/DC who focus almost their entire practice on international arbitration. For example I know White and Case has a strong international arbitration practice.
 
Including those at White and Case, what percentage of DC/NYC lawyers primarily practice "International Arbitration," I wonder?
 
My interest in international law extends to my desire to work as counsel for the State Department at a foreign embassy in a country where I speak the language. So that leaves Germany and Japan.
 
Yes, "international" law must be a lot like "environmental" (fill in the blank--design, engineering, law . . .)

I have had students tell me they want to study "environmental design" but don't know what that is, and neither do I. It sounds like it's the same with "international law"--the adjective gets thrown around a lot because it's an alluring, stimulating, pertinent concept in today's world, but when you unpack it, its substance is more ordinary, and not at all the same as what people assume it is.

I have friends who have used their law degrees overseas in interesting ways--often with the State Department, and then one lawyer friend ended up writing the constitutions of the 'Stans (former Soviet republics like Kazakhstan, Kyrgyzstan, Uzbekistan, you know . . )--but they were ultimately getting paid by a US agency and under their purview.
 
I am looking into relief work in Africa and Asia upon graduation, and although many of the jobs involved human rights or criminal justice issues, I'm not sure I'd call it the practice of "international law."
 
so wait - international law does not mean sitting on a beach in spain drink margaritas interspersed with the occasional light bit of paperwork?
 
Lane,

If you join the Foreign Service, they will teach you new languages. Its a great career. I know a few FSOs and former FSOs (lots of 'em in the DC area). Only problem for you would be that you'd have to suck it up when the GOP wins the White House again. And they will someday.

... goes around, comes around...
 
Don't forget about international trade law - we represent foreign companies and countries before US courts (the aptly-named U.S. Court of International Trade) and international organizations, such as the WTO. And yes, we get to travel to exotic locales such as China and India and France, but spend most of the time in a client's conference room dissecting their financials and sales records. You have to love numbers (and Excel) to practice this type of law.
 
IPLG, I file things with the Texas high courts all the time. Sucking up to Republicans is already in my job description. I just casually don't mention my PWW subscription at meetings.

I would do a lot of sucking up to live and work in Germany or Austria.
 
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