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They come from far and wide

LLM gets visiting law grads ready for U.S. practice

Mon, Dec 17th 2007 12:00 am
By JODI SOKOLOWSKI
Buffalo Law Journal

Rafael Valverde, from Costa Rica, Nina Apresov, from Russia, and Dhrita Sinha, from Bangladesh, came to the United States through different paths, but all three have the same goal - to practice law here.

They all earned law degrees in their home countries, but in order to practice law in the United States, they must first attend one year of law school and sit for the bar exam.

Put to the test

Valverde didn't have any intentions of practicing law in the United States when he and his American wife moved to Atlanta in 2005. That was until he interviewed at a law firm for an immigration assistant position. He learned that New York is one of several states that permit law schools to offer a general master's degree in law - programs that qualify international takers to sit for the bar exam.

So Valverde came to the University at Buffalo Law School for its LLM program, designed for international students but also available for U.S. students. Valverde, who earned his law degree from Universidad Latina de Costa Rica, graduated from UB Law this spring.

Although he failed the bar exam - 37 percent of international students do on the first try - blaming it on not taking a contractual-law course, he will take it again.

"I hope by February I'll be more prepared," he said.

Johanna Oreskovic, director of UB Law's LLM program, said three things make the bar exam the biggest hurdle for international lawyers who hope to practice stateside: the language barriers, legal-system differences and a tight time frame.

"They're trying to master in one year what American students have three years to master. It's a formidable challenge," said Oreskovic.

"Learning how the common-law system works (here) gives me a better perspective. I can recognize weaknesses in the civil system because I know the common-law system" and vice versa, Valverde explained, noting distinctions between the U.S. system and the civil or continental system, the predominant legal system worldwide.

Apresov, who earned her law degree from Russia's University of Stavropol in 2000, first went to Pennsylvania to improve her English, then found her way to Erie Community College, where she's completing an associate's degree in paralegal studies.

Apresov, who plans to attend UB Law in the fall, said she sought out a program that would teach the "basics of law in different fields" before she attends law school.

UB Law's LLM program has graduated about 35 students since it started in 2006. Oreskovic said it's deliberately small so students can get "specialized instruction." Students must complete 24 credit hours at a total cost of about $30,000.

Although there's no uniform way for foreign lawyers to come to the United States, she said most are applying to UB Law from China, the former Soviet Union, Western and Eastern Europe, and Latin America.

"The circumstances surrounding students are so different; it's difficult to predict who's coming in," she said.

Shuffle off to VLP

All three international law graduates interviewed for this story found their way to the Bar Association of Erie County's Volunteer Lawyers Project, where Apresov and Sinha volunteer in client intake and Valverde works part time under Sophie Feal, mostly at Batavia's Detention Center.

VLP Executive Director Bob Elardo said Valverde's ability to speak Spanish is an invaluable asset for the agency.

"Beyond the utilitarian sense, (their presence) makes it more interesting. To be working with people from different countries and seeing their different perspectives makes it fun," he said.

Teaching international lawyers American law is a win-win situation, Oreskovic said.

"It's part of a larger effort to respond to a global and smaller world," she said. "As our economy globalizes, it's very important for lawyers to communicate with one another and understand each other when doing complex business transactions or dealing with international lawyers."