For Canadian lawyers in finance and corporate practices, the allure of global opportunities is often compelling, with New York and London frequently in the career aspirations of Canadian lawyers. However, making such a move involves more than just packing boxes and booking flights. Visa requirements, legal landscapes, recruitment processes and cultural adjustments are all critical considerations. So, let's delve into what you need to know to achieve success.
Making Yourself Marketable for U.S. Firms In New York
There are many firms in the U.S. that have a history of hiring Canadian lawyers with a great deal of success. In busy markets, they have no problem looking north of the border for talented associates. However, certain teams and practice areas are better positioned for successfully entering the U.S. market. Due to their proven track record of success and comparable market/deal size, U.S. firms are generally much more comfortable hiring lawyers with experience at Bay Street firms in Toronto such as Blake, Cassels & Graydon, Davies Ward Phillips & Vineberg, Goodmans, McCarthy Tétrault, Osler, Hoskin & Harcourt, Stikeman Elliott and Torys or other highly ranked firms like Fasken, Bennett Jones, and Borden Ladner Gervais. Additionally, U.S. or international firms with offices in Canada, like DLA Piper, Dentons, Baker McKenzie, Norton Rose, Paul Weiss and Mintz, that are familiar to U.S. firms, will also increase the chances of Canadian lawyers being considered.
Experientially, if a Canadian lawyer wants to move to a U.S. firm, NYC in particular, they will need to be in a strong transactional group. Practice areas that focus on disputes or regulatory matters will almost never transfer to U.S. teams because of the fundamental differences in the substantive and procedural law. In most transactional areas, however, the skills remain the same or similar regardless of jurisdiction. So, Corporate M&A, Banking & Finance, Real Estate, Transactional IP, and sometimes Capital Markets will be the best practice areas to focus on if a move to the U.S. is in your future plans. In terms of industry work, energy and technology are very active areas that will help to bolster a well-qualified Canadian lawyers resume and further increase their chances of success in the New York market.
Visa Requirements:
For Canadian lawyers eyeing New York, obtaining the necessary visa is paramount. Canadian lawyers enjoy the unique benefit of qualifying for the TN Visa, which grants certain classifications of professionals entry to the United States to engage in business activities. Among those professionals eligible for the TN Visa are accountants, engineers, lawyers, pharmacists, scientists, and teachers. The advantage of the TN Visa is that, unlike the H1-B Visa—the other common specialty occupation visa available to foreign workers looking to enter the U.S.—the TN is not subject to a lottery and requires a fairly simple employer filing to extend beyond the initial three-year period of stay. Additionally, the requirements to establish eligibility for the TN Visa are fairly minimal:
1) proof of Canadian citizenship;
2) a letter from the applicant’s prospective employer detailing items such as the professional capacity in which he/she will work in the United States, the purpose of employment, length of stay, and educational qualifications;
3) credentials evaluation (if applicable), together with any applicable fees.
The New York Salary Bump & Expectations:
Possibly the greatest allure to the Big Apple for Canadian lawyers is the top-of-market salary scale enjoyed by BigLaw Associates in New York. The stair-step compensation structure, which was just increased again at the end of 2023, now looks like:
Canadian lawyers with their eyes set on these salaries should know, however, that with this market-leading pay-scale comes market-leading expectations. Billable requirements at top firms are generally from 1800-2200 hours, and it is not uncommon for top performing Associates in busy teams to exceed these numbers.
Read more about U.S salaries and market trends in our salary guide.
Key Aspects to Consider:
1. Legal Qualifications: Ensure your Canadian legal qualifications are recognized in the U.S. A Juris Doctor (JD) or LL.B. from an accredited Canadian law school will generally be acceptable. However, firms will also generally require Canadian lawyers to sit for the requisite state Bar Exam prior to or within a certain time after being hired (often an offer letter will contain provisions stating that employment is subject to the lawyer sitting for and passing the requisite Bar Exam). In many cases, firms will allow time off and reasonable expenses related to studying for and sitting for the Bar Exam. If Canadian lawyers are looking at jurisdictions outside of New York, it is very important to note that the requirements to sit for the Bar Exam vary from state to state—so it’s important to do your research!
2. Networking: Building a professional network in New York is essential for career advancement. Attend legal events, join bar associations, and connect with peers in your practice area. Many firms will pay for associates to attend these events, so take advantage of them.
3. Cost of Living: New York boasts a vibrant lifestyle but comes with a hefty price tag. Research housing, transportation, and healthcare costs to budget accordingly. Some firms have specialized personnel dedicated to helping foreign hires find and secure accommodations, so be sure to ask any firm about these assistance programs following offers of employment to take advantage of their local expertise in what can be a very stressful and fast-paced process.
Making yourself Marketable for leading firms in London
Whilst a large percentage of Canadian law school graduates end up practicing in New York, London is one of the largest markets for associates moving abroad from Canadian law firms. Historically, the leading law firms in London have tended to favor lawyers from Australia and New Zealand as a first point of call when looking for foreign-qualified associates. However, we have been observing an increased interest in Canadian-qualified lawyers in recent years, particularly during the “boom” period in 2021 when there was a huge amount of transactional activity globally, which drove a significant need for lawyers to service the increased demand in corporate and finance sectors.
Just like in New York, firms in London tend to favor lawyers with excellent academics from reputable universities and proven experience working as qualified solicitors in sought-after practice groups at one of the larger Canadian law firms (the "big 7") or international law firms in Toronto or Vancouver. Firms' openness to foreign-qualified lawyers is cyclical and largely tied to the economy. For example, last year London endured a technical recession, which saw firms look to cut costs where they could, reducing the amount of interest in foreign-qualified lawyers due to the costs of sponsorship and visa requirements.
In order to gain working rights in the UK, Canadian lawyers have two main pathways of entry. The first is to secure an opportunity with a firm that is willing to pay for sponsorship, which is common practice for many of the larger US, UK, and international law firms happy to cover this cost for those working in sought-after practice areas such as Debt Finance, Funds, and Private Equity. The second, most accessible pathway for Canadian lawyers looking to secure visa status in the UK, is the Youth Mobility Scheme, an agreement between Canada and the United Kingdom. This scheme allows youth between the ages of 18 and 30 to live and work in either country for up to two years for a small cost and without needing to be sponsored by a firm. This is a great tool that can alleviate the costs involved and make you a more attractive candidate for firms concerned with the expenses of hiring a foreign lawyer.
Whilst some firms may prefer to sponsor you instead, it can prove beneficial to at least mention your eligibility for this program in the first instance when approaching firms in the UK or speaking with a recruiter.
Requalification
Unlike in New York, in the UK there is no immediate requirement for Canadian lawyers to sit an assessment similar to the NY Bar. Those practicing in finance or corporate practice areas can usually start working without too much hassle. However, this can be a bit more awkward for litigious practice groups, which may require you to become UK-qualified to practice unsupervised. This is most easily achieved via the SQE route. If you decide to become UK-qualified through the SQE route, it is important to look into your individual circumstances, as you may be exempt from certain parts of the assessment depending on your previous studies.
Navigating the different types of firms and how they pay: Unlike in New York, salaries are not unified, and as a junior lawyer, this can range from £90,000 to £180,000 at the top internationally recognized law firms. These ranges are becoming more difficult to categorize with the different types of firms that make up this ecosystem, which previously could have been pinned down to Elite US, Magic Circle, Silver Circle, International firms, UK/City firms, and boutiques. However, with competition so fierce to attract the best talent, salary increases are common practice each year, blurring these traditional brackets.
While it may be tricky to get your head around, one of the positives of the range of firms is that there is something for everyone, with a diversity of options offering different expectations toward target hours, working styles, culture, and client focus. It is important to note that if you are attracted to the higher-paying firms, just like in New York, there is a wide selection of elite US firms in London which also pay top of the market (Cravath rates). However, if this is the type of firm you are seeking, you must be prepared to give up your pound of flesh, with expectations for associates to work long hours, e.g. 2000 hours per annum.
Read more about London salaries in our salary guide.
Key Aspects to Consider:
1. Legal Market: Familiarize yourself with the legal market in London, including prominent law firms, practice areas in demand, and cultural nuances.
2. Qualification Transfer: Depending on your qualifications, you may need to undergo a process to transfer your credentials to practice law in England and Wales. Research the Solicitors Regulation Authority (SRA) or Bar Standards Board (BSB) requirements.
3. Work-Life Balance: If you are attracted to working in London for the travel opportunities on your doorstep then this is something you may want to consider prior with a variety of options that can offer top work, salary and expectation on hours to achieve this balance between work and life's pursuits.
Options Beyond New York and London:
For Canadian lawyers who may not meet the stringent requirements for New York or London, alternative destinations present viable options. Countries like Ireland and Australia offer thriving legal sectors and welcoming immigration policies.
Relocating as a finance or corporate lawyer from Canada to New York or London is a significant endeavor, but with thorough preparation and strategic planning, it can be a rewarding step towards professional growth. Whether you're drawn to the fast-paced streets of Manhattan or the historic corridors of London, understanding visa requirements and key aspects of the legal landscape is essential. For those exploring alternative paths, opportunities abound in destinations around the globe. Stay informed, stay proactive, and embrace the possibilities that await beyond borders. If you are considering a move, don't hesitate to reach out.
Author: Daniel Sweeney, Senior Legal Recruiter (New York)
