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Is a GDL-Qualified Barrister not allowed to practice in other Common Law Countries?

Let me give you a scenario:

1. Oxford Graduate in a Non Law Degree (achieved First)
2. Did a 1-year GDL
3. Did the BPTC, and the Pupillage afterwards to become a fully qualified Barrister able to practice.

Say he wants to practice in another Common Law country, such as Bangladesh.
Is it possible?

I read upon the Bangladesh Bar Council, and it says :
'1. A citizen of Bangladesh who has obtained a law degree from any University in Bangladesh or our side Bangladesh regencies by the Bar Council or was called to the Bar is entiltled to be enrolled as Advocate provide that he / she has to qualify in the enrolment examination held under the direction and supervision of the Enrollment Committee of the Bar Council.'

Does this mean a UK Trained Barrister, who has studied for both a GDL and BPTC can never practice in Bangladesh because he doesn't have an 'LLB degree'?
Or does the fact that he has a GDL after a BA/BSc and become a Barrister put him on the same recognized level as an LLB graduate. MY MAIN QUESTION: IF I HAVE A GDL+BA/BSC and have become a Barrister... and someone has an LLB and have become a Barrister, am I eligible just as much as him to take the Bangladesh Bar Council exams to be eligible for practice in that country? If not, why not? Isn't a GDL there to put you on the same stead to qualify you to be a lawyer in the first place, so why not qualify you to even be eligible to practice even in other countries similar to the English Legal system, like Bangladesh?
(generally).


If that is the case, then does that mean a GDL qualified Barrister can never practice internationally (i.e. not even be eligible to take exams to even join the Bar Council of a foreign jurisdiction).

If that is the case, is there any point AT ALL in doing the GDL if you want to be a foreign lawyer?

I thought doing a GDL + becoming a Barrister meant you were eligible?
(edited 12 years ago)
Reply 1
I think the relevant wording is "or was called to the Bar".

GDL+BVC/BPTC is essentially an LLB, some instutions now ratify it as such. In this instance, however, it shouldn't be important :smile:
Reply 2
Original post by Kessler`
I think the relevant wording is "or was called to the Bar".

GDL+BVC/BPTC is essentially an LLB, some instutions now ratify it as such. In this instance, however, it shouldn't be important :smile:


ah Thank you so much!
So essentially please just iron it out for me : IF he was 'Called to the Bar' at for instance, UK whatever he did for his undergrad be it an LLB/BA - he would be allowed to stand for the Bangladesh Bar exams and practice there?

So there is no fundamental requirement to have an LLB in the case that you are a Barrister - if you are a Barrister, whatever you did for your undergrad, you are eligible (i.e. the GDL suffices)?
Reply 3
Original post by Kessler`
I think the relevant wording is "or was called to the Bar".

GDL+BVC/BPTC is essentially an LLB, some instutions now ratify it as such. In this instance, however, it shouldn't be important :smile:


Could you tell me then, generally, if you are a Barrister in the UK - whatever you did your undergrad in , generally what countries I can practice in and what countries I can't?
I understand America has a bit of complications?

I'm speaking highly hypothetically as I want to be a Barrister and take the GDL route as I don't want to study Law for Undergrad, I hold dual citizenship in Bangladesh and want to practice there to and want to see if I am limited in for instance , representing in America
Original post by deathtoalevel
'1. A citizen of Bangladesh who has obtained a law degree from any University in Bangladesh or our side Bangladesh regencies by the Bar Council or was called to the Bar is entiltled to be enrolled as Advocate provide that he / she has to qualify in the enrolment examination held under the direction and supervision of the Enrollment Committee of the Bar Council.'


This seems to say that you need a law degree from a university on Bangladesh, so someone who did a law degree in the UK wouldn't come within this provision either. This doesn't look like the foreign qualified lawyer provision.
I'm not sure what "our side Bangladesh regencies by the Bar Council" means - is this a typo?

It very much depends on the jurisdiction you are looking at. People who have completed the route you describe in the UK but have done a full law degree generally aren't eligible to qualify in the states either, only California and New York (may be eligible for other states after getting some PQE experience). For New York I believe that you need to have completed 3 years of legal study (could do this with GDL + BPTC + LLM), there may be an exemption for people with several years of PQE, you can find these things out on the New York Bar website.

In any event, you would have difficult working as a barrister in a country with a different language or whose legal system is not based on English common law (e.g. most of Europe) or who are protectionist with their legal profession (China and India).

In any event, doing something very legal in nature (such as being a barrister, or a competition law solicitor out of Europe) is never going to be easy to transfer to other jurisdictions because they have different laws, you may have practical difficulties in doing this. Something that is a bit more international in nature, particularly where knowledge of international market practice is important and where contracts tend to be English or New York law based (such as a finance lawyer) is going to be a bit easier.
Reply 5
Original post by jacketpotato
This seems to say that you need a law degree from a university on Bangladesh, so someone who did a law degree in the UK wouldn't come within this provision either. This doesn't look like the foreign qualified lawyer provision.
I'm not sure what "our side Bangladesh regencies by the Bar Council" means - is this a typo?

It very much depends on the jurisdiction you are looking at. People who have completed the route you describe in the UK but have done a full law degree generally aren't eligible to qualify in the states either, only California and New York (may be eligible for other states after getting some PQE experience). For New York I believe that you need to have completed 3 years of legal study (could do this with GDL + BPTC + LLM), there may be an exemption for people with several years of PQE, you can find these things out on the New York Bar website.

In any event, you would have difficult working as a barrister in a country with a different language or whose legal system is not based on English common law (e.g. most of Europe) or who are protectionist with their legal profession (China and India).

In any event, doing something very legal in nature (such as being a barrister, or a competition law solicitor out of Europe) is never going to be easy to transfer to other jurisdictions because they have different laws, you may have practical difficulties in doing this. Something that is a bit more international in nature, particularly where knowledge of international market practice is important and where contracts tend to be English or New York law based (such as a finance lawyer) is going to be a bit easier.


Thank you so much for your very very informative answer and for taking the time to impart some of your knowledge. This has given me a bigger insight to the profession and it's limits and spheres. I used to think/believe in the international glamour of a barrister being able to practice anywhere in the Common Law world as I believed most of them were by and large based on the English Legal System!

I would just like to see if this'our side Bangladesh regencies by the Bar Council' - ( obviously appears a Typo from the website, 'our' is definitely 'out') means : 'outside the Bangladesh regencies by the Bar Council'. Could it mean 'if you've been recognized by the Bar Council outside the Bangladesh Regencies (as an advocate?) (i.e...say you've done an LLB in the UK)...and then the later part continues on to say 'or been called to the Bar' (done you're BVC/Pupillage after LLB) which I think Kessler used to say that it was possible? Could that be the case and all things are fine for a UK trained GDL/LLB or GDL/LLB + BPTC/Pupillage to practice there? The thing is - this is just to be eligible to take the procedure to qualify, not practice straight away. To practice , they set those as initial entry requirements, and after that you'd have to undertake pupillage and study for the Exams set by the Supreme Court - and only when those are passed can you practice. Henceforth - all things, even a Bangladeshi LLB to a UK trained LLB/GDL Barrister must take the pupillage and pass the exams. Wouldn't the exams make you in 'touch' with the Bangladeshi Legal System and allow you to practice, meaning a UK LLB/GDL qualifies you?

Do you think that could mean practice is eligible, with the 'or' being an alternative route rather than an addition to the condition of having a Bangladeshi LLB?

I would also like to ask : If the case for instance, was a case based on International Law for instance, and not Bangladeshi legal system (if we assume that a UK trained LLB/GDL Barrister cannot practice under the Bangladesh legal system ) could the Barrister take up the case in Bangladesh if the Int. Law case was there?

I know this is a bit convoluted and lies on a lot of assumptions but I would be immensely grateful if you could answer in your own time!

Thank you! :smile:
(edited 12 years ago)
Original post by deathtoalevel
Henceforth - all things, even a Bangladeshi LLB to a UK trained LLB/GDL Barrister must take the pupillage and pass the exams. Wouldn't the exams make you in 'touch' with the Bangladeshi Legal System and allow you to practice, meaning a UK LLB/GDL qualifies you?

Do you think that could mean practice is eligible, with the 'or' being an alternative route rather than an addition to the condition of having a Bangladeshi LLB?


I'm not sure, the meaning is not clear to me. It may mean a course of legal study approved by the Bangladeshi Bar Council. If so you'll need to find out what that is. In the United States, for example, you have to study law for at least three years so LLB counts but GDL+BPTC doesn't.

Best to contact them to clarify.

There is likely to be a separate process for foreign qualified lawyers (i.e. people who have completed a training contract or pupillage in the UK), if you are a GDLer and there are restrictions on entering directly that might be preferable

I would also like to ask : If the case for instance, was a case based on International Law for instance, and not Bangladeshi legal system (if we assume that a UK trained LLB/GDL Barrister cannot practice under the Bangladesh legal system ) could the Barrister take up the case in Bangladesh if the Int. Law case was there?

I know this is a bit convoluted and lies on a lot of assumptions but I would be immensely grateful if you could answer in your own time!

Thank you! :smile:


International law is usually taken to mean the law regulating interactions between states. Its very unlikely that points of international law would come before the Bangladeshi courts and, if they did, there would be Bangladeshi law issues and would require knowledge of Bangladeshi procedure.

When I used the term "international" above, what I was really referring to is the situation where deals/financings/agreements are concluded in a particular country or relating to assets in a particular country; but the parties agree to be subject to UK or New York law, and to submit their disputes to the UK/New York courts or go to arbitration.
This is common because businessmen like to use laws they are familiar with, businessmen prefer to deal with London/New York lawyers, the result tends to be more predictable under English/New York law, because there is a greater risk of corruption in India and Bangladesh and because the courts in places like India and Bangladesh tend to be very slow.
Thus, although solicitors with international firms in other countries work in that country, it is with UK/US law and disputes will go to the English/New York courts or to English law arbitration. There isn't a lot of scope for Bangladeshi barristers here - if barristers are involved it will be English barristers (or US litigators).

You need to give some thought as to whether becoming a barrister rather than a solicitor is really a good idea. Many countries don't have barristers, you'll need to think about how feasible and practical this actually is (maybe it is very practical, I don't know you need to research it).

Best
Reply 7
Original post by jacketpotato
I'm not sure, the meaning is not clear to me. It may mean a course of legal study approved by the Bangladeshi Bar Council. If so you'll need to find out what that is. In the United States, for example, you have to study law for at least three years so LLB counts but GDL+BPTC doesn't.

Best to contact them to clarify.

There is likely to be a separate process for foreign qualified lawyers (i.e. people who have completed a training contract or pupillage in the UK), if you are a GDLer and there are restrictions on entering directly that might be preferable



International law is usually taken to mean the law regulating interactions between states. Its very unlikely that points of international law would come before the Bangladeshi courts and, if they did, there would be Bangladeshi law issues and would require knowledge of Bangladeshi procedure.

When I used the term "international" above, what I was really referring to is the situation where deals/financings/agreements are concluded in a particular country or relating to assets in a particular country; but the parties agree to be subject to UK or New York law, and to submit their disputes to the UK/New York courts or go to arbitration.
This is common because businessmen like to use laws they are familiar with, businessmen prefer to deal with London/New York lawyers, the result tends to be more predictable under English/New York law, because there is a greater risk of corruption in India and Bangladesh and because the courts in places like India and Bangladesh tend to be very slow.
Thus, although solicitors with international firms in other countries work in that country, it is with UK/US law and disputes will go to the English/New York courts or to English law arbitration. There isn't a lot of scope for Bangladeshi barristers here - if barristers are involved it will be English barristers (or US litigators).

You need to give some thought as to whether becoming a barrister rather than a solicitor is really a good idea. Many countries don't have barristers, you'll need to think about how feasible and practical this actually is (maybe it is very practical, I don't know you need to research it).

Best


Sorry for resurrecting an old post, but I wanted to ask; you say that many countries don't have barristers...surely those same countries don't have solicitors either, they merely have 'lawyers'?
Original post by Samuraix
Sorry for resurrecting an old post, but I wanted to ask; you say that many countries don't have barristers...surely those same countries don't have solicitors either, they merely have 'lawyers'?


I don't think this was a comment about the title "barrister". Rather it was a statement that most countries do not have a legal profession whose members fulfil the very limited role; advocacy plus specialist advisory only that is traditionally fulfilled by the English bar. I am not I agree with the statement but I think that is what the previous poster was getting at.
Reply 9
I thank you.
Original post by deathtoalevel


Do you think that could mean practice is eligible, with the 'or' being an alternative route rather than an addition to the condition of having a Bangladeshi LLB?

I would also like to ask : If the case for instance, was a case based on International Law for instance, and not Bangladeshi legal system (if we assume that a UK trained LLB/GDL Barrister cannot practice under the Bangladesh legal system ) could the Barrister take up the case in Bangladesh if the Int. Law case was there?

I know this is a bit convoluted and lies on a lot of assumptions but I would be immensely grateful if you could answer in your own time!

Thank you! :smile:

Did you try to contact BPP ? The UK LLB could well be acceptable in Bangladesh (they even have a student society
https://www.facebook.com/bppbangladeshsociety)

At BPP you can upgrade your GDL with an LLB with just few extra courses
http://www.bpp.com/postgraduate-course-details/d/postgraduate/LLBGDL/191

Now regarding the career path there is no such a thing as "international law" outside treaties between countries. Law is a very regional subject so: if you are qualified as a lawyer in Bangladesh you cannot practice in the United States or appear in a U.S. Court.

In some states you can register as a foreign legal consultant but you cannot do much beside advising on the laws of the country where you are admitted to practice.

As a UK Barrister or Solicitor yo can practice in England & Wales and, upon registration, in other European countries as a EU lawyer.
You are much more likely to have a portable law degree if you study in the UK. With a UK law degree you can also sit for the Bar Exam in New York.
Reply 11
hello, I would like to inquire the procedure by which lawyers are allowed to practice law in Bangladesh. After completing a law degree, will you be required to pass a bar exam like in the USA in order to practice law? I read online that you must be a "member of a Bar Association" and have handled at least 5 cases before you could qualify to take the Bar Council Advocates exam...

I would then like to ask the what the following mean:Bar Association- do i need to pass an exam to become a member of a bar association?

Member in Bar Association - does this mean I will be a 'lawyer' in a bar association?

Advocate- is this the same as a "licensed lawyer who has passed the bar" in the US? meaning, advocate=lawyer?


basically, what do i need to do after finishing high school to become a lawyer in Bangladesh?

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