In 2023, foreign-educated lawyers who obtained a US law degree other than a JD, such as an LLM, faced significantly lower bar exam pass rates compared to US JD graduates. These candidates passed the New York bar exam at a rate of 41 percent and the California bar exam at a rate of 23 percent. In contrast, graduates with a JD from US law schools passed the New York and California bar exams at rates of 71 percent and 58 percent, respectively. This disparity underscores the unique challenges foreign-educated lawyers encounter, even when supplementing their education with a US law degree, particularly in jurisdictions like California, where the gap is especially pronounced.
But if you are an LLM student or have already obtained your LLM, don’t let these challenges discourage you. This guide breaks down several hurdles LLM students and graduates face in law school and during bar prep and offers practical solutions to overcome them.
Adapting to US Legal Standards
One of the biggest shifts for LLM students is moving from civil law—used in many countries like France, Brazil, and Japan—to the US common law system. While civil law focuses on codified statutes, common law relies heavily on judicial precedent. This means understanding not just what the law says but why courts interpret it the way they do.
For students trained in statute-based systems, this focus on case law can feel overwhelming. US legal education demands critical thinking and analytical skills, with much of the learning centered around interpreting judicial opinions.
This shift in focus is compounded by the structure of LLM programs.
“The first semester is so complicated,” said José Antonio Arochi, an LLM graduate who is now a partner at Arochi & Lindner in Mexico City, Mexico. “The problem is that it’s just one year. You’re thrown into advanced courses like Constitutional Law with second-year students or Sports Law with third-years, and you’re still learning the basics of the common law system. It’s overwhelming.”
Practice Tips
- Engage with Case Briefing: LLM students can benefit from consistently reading and briefing US cases, even beyond class assignments. Briefing a case involves summarizing the facts, the issue, the court’s holding, and the reasoning, which can deepen their understanding of how US courts interpret and apply law. This practice builds a stronger foundation in common law reasoning and helps bridge the gap between civil and common law perspectives.
- Join Study Groups: Collaboration with other LLM students can provide insight into how US law students analyze cases and apply precedent. Study groups foster a space for discussing legal principles, dissecting case law, and understanding US-specific legal concepts, offering valuable exposure to common law reasoning in action.
Mastering Legal English
“Legal English is at the heart of bar exam success,” said Stephanie Schantz, founder and Chief Executive Officer of Legal Lingua, a company specializing in legal English instruction for legal professionals and law firms. “It’s not just about knowing the law but expressing your understanding clearly and concisely in English.”
This is even more difficult for foreign-trained lawyers. Even fluent English speakers can struggle with the dense, technical language of US legal writing. Legal English is filled with jargon, nuanced phrases, and specific meanings that don’t often appear in conversational or academic English. This becomes especially challenging during essay exams, where you need to clearly and persuasively articulate your arguments within strict time limits.
“Bar exam questions demand precise use of legal English,” Schantz said. “Mastering legal English helps international students navigate the bar exam's nuanced language, ensuring they grasp the intent behind each question.”
Practice Tips
- Practice Using IRAC: Mastering the IRAC (Issue, Rule, Application, Conclusion) structure is essential for US legal writing. Regular practice helps organize thoughts logically and concisely, improving clarity and flow. This structured approach also reduces language-related stress by breaking down complex arguments into manageable parts.
- Leverage Legal Writing Resources: Take advantage of workshops, tutoring, and software programs designed for legal English. These resources improve grammar, sentence structure, and familiarity with legal phrasing. Reading case summaries and legal news can also help build confidence and understanding of the tone and style of legal English.
Navigating Multiple-Choice and Essay Formats
For many LLM students, standardized testing is unfamiliar territory. Multiple-choice questions (like those on the Multistate Bar Exam) require skills different from oral exams or open-ended essays, which are common in many international legal systems.
“Many foreign-trained candidates have not taken standardized test multiple-choice exams until they arrive in the United States,” said Carl Gillen, Esq., who is a foreign-educated lawyer and an LLM graduate himself.
Gillen, who is also a director for Themis Bar Review, emphasized the importance of supplementing their legal education with a commercial bar review course to help foreign-educated lawyers bridge this gap.
“Practicing thousands of MBE questions in a bar review program that first identifies your strengths and weaknesses and then works on remediating your weaknesses is very important, Gillen said. “Whereas practice does not make perfect, practice means passing.”
Bar exam essays also introduce an additional layer of complexity, as they differ significantly from typical law school essays.
“Bar exam essays are very different from your typical law school essay,” Gillen said. “They’re generally more concise in nature and take practice to master the skill required. Having a bar review program that will constantly critique, red-line, provide detailed feedback, and grade your essays regularly throughout your bar preparation teaches you the expertise needed to be successful on this component of the exam.”
Practice Tips
- Practice Multiple-Choice Techniques: Success on multiple-choice questions requires both knowledge and strategy. LLM students should practice MBE questions, focusing on developing a systematic approach to attach multiple-choice questions and managing time effectively. Bar review courses often provide targeted techniques for multiple-choice questions, which can be particularly helpful for international students unfamiliar with this format.
- Focus on Essay Structure and Clarity: Clear, straightforward language is key in essay responses. Avoid overly complex phrasing that can obscure arguments. Reviewing sample answers helps students understand how high-scoring essays are structured and how the law is applied, making it easier to focus on content during the exam. As Legal Lingua’s Schantz noted, “Regularly practicing legal writing and revisiting key terms enhances clarity, accuracy, and speed—critical factors for excelling on the bar exam.”
Understanding the US Grading Curve in Law School
In many countries, grades are awarded based on an absolute scale—score a certain percentage, and you pass, regardless of how others perform in the same course. US law schools, however, often use a relative grading curve, meaning your performance is compared to your peers.
This competitive system can be frustrating for high-achieving LLM students accustomed to excelling. Even a strong grasp of the material may not guarantee top grades if the entire class performs well, and the unfamiliarity with grading policies can add to the stress.
“Given that the grading curve is relative, it can be difficult for LLM students to figure out how their performance is stacking up in relation to a final course letter grade,” said Margaret Ioannides, Assistant Dean for Online LLM Programs at the University of Dayton School of Law. “This can be especially stressful as academic policies at US law schools are strict and do not provide students with an option of repeating exams or courses if they are ultimately not pleased with their final grade.”
To navigate this challenge, Ioannides recommended that LLM students take full advantage of available resources: “One of the most important things an LLM student can do is to review feedback closely, meet with their professors, and evaluate how their scores compare to the class average.”
Practice Tips
- Adjust Expectations: LLM students should recognize that success in US law school doesn’t require perfection. Grades are relative, based on performance within the cohort. Instead of striving for flawless results, focus on steady improvement and mastering key concepts. Adopting this mindset can reduce stress and the pressure of competition.
- Seek Performance Feedback Early: Take advantage of feedback on assignments, practice exams, and class participation to identify strengths and areas for improvement. Proactively seeking clarification from your professors during office hours helps refine understanding and align efforts with grading expectations, boosting performance over time.
Managing Time and Structuring a Study Plan
Unlike JD students, who study US law over three years, LLM students often complete their program in just one year. This compressed timeline leaves little room to be exposed to or master foundational concepts, let alone prepare for the bar exam. Add cultural and language adjustments, and the workload can quickly feel overwhelming.
“The biggest hurdle facing many foreign-trained candidates pursuing an LLM in the US is that they don’t have exposure to many, if any, of the seven MBE subjects tested on both days of the bar exam,” said Themis’ Gillen. “Early exposure to the doctrinal law for those seven subjects in an extended bar review program is crucial when setting up foreign-trained candidates for success.” (The seven MBE subjects are Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, and Torts.)
Practice Tips
- Develop a Structured Study Schedule: Break the material into manageable segments with clear daily goals to stay organized and cover all subjects. Use techniques like spaced repetition (studying material at increasing intervals) and interleaving (alternating topics) to improve retention and connect different areas of law.
- Simulate the Exam Environment: Simulate the test environment with full-length practice exams to build stamina and learn pacing across sections. This preparation reduces anxiety and enhances performance on test day.
This guide is just the starting point—your journey as an LLM student is unique. Approach each challenge with determination, and let your distinct perspective be your greatest strength as you build the foundation for a successful legal career.
