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Harneel K Lally, talks to Legal Women about her observations, motivations, and journey to qualifying in California (Attorney), New York (Attorney) and England & Wales (Solicitor).
Obiter Dictum: On Dual-Qualifying in England & Wales
We didn’t do anything to own this land. It was entrusted to us… I sign this document and something that we were supposed to protect is gone forever….We go to private schools and clubs, and we can barely speak pidgin let alone Hawaiian. But we’ve got Hawaiian blood, and we are tied to this land and our children are tied to this land. Now it’s a miracle that for some (omitted) reason that 150 years ago we owned this much of paradise. But we do. And for whatever (omitted) reason, I’m the trustee now and I’m not signing it. So if you want to sue me, it’ll just make us closer.
― George Clooney as a Hawaiian Lawyer & Trustee in The Descendants
What really drew me to this film (and scene) is that law is not in isolation from the people it is meant to govern – and neither are lawyers. So in becoming dual-qualified, I do believe it is important to have an understanding of the people and culture of that jurisdiction.
Multiple Jurisdictions, Multiple Cultures
For some of us, it helps to be the daughter of an immigrant – to know that very likely, your struggles are not as difficult as those of your parents and grandparents before you. To be a lawyer, let alone a dual-qualified lawyer, feels like their sacrifices were not made in vain.
There is an added value in being able to straddle between multiple cultures and jurisdictions. Although I was born and raised in California, growing up at the intersection of American, South Asian, and Pacific Islander cultures has given me a unique perspective as well as the ability to understand complex issues and communication styles. For example, Americans tend to place the burden on the speaker – it is overwhelmingly the job of the speaker to be clear and concise. However, in many other cultures – less can sometimes be more and over-communication can be construed as unnecessarily assertive. Having this understanding of communication styles really helps when working with clients at home and abroad.
The Journey
A word now about the bar exam: it's a necessary chore, a rite of passage for any just-hatched lawyer wishing to practice, and though the content and structure of the test itself vary somewhat from state to state, the experience of taking … is pretty much universally recognized as hellish.― Michelle Obama, Becoming
Bar examinations are no walk in the park – regardless of the jurisdiction. What I tell my students (I teach at a London law school part-time) is to focus on your own personal style of learning. For me personally, I learn best through handwritten diagrams and formulae, and I memorise best with flash cards and through repetition.
In the process of qualifying, I’ve learned that life also happens –I had the challenges of lockdown, caretaking responsibilities and a job while studying. Fortunately, my family was always very supportive. I recall my grandmother massaging coconut oil mixed with lemon juice into my scalp to help with the stress and my mom cooking anything from tacos to curry for me.
While studying, I think it is a good idea to avoid any friends, family members or just folks who are judgmental and need to be in your business every moment– even if this means taking a break from social media. But don’t make this a permanent arrangement – for many of us, it was indeed the village that got us here.
The Legal Profession: Differences between the United Kingdom (UK) and United States (US)
If I had to typecast the legal profession in both the UK and the US, I’d say that the former is perhaps more elitist, and the latter is more prestigious. Of course, the profession in general is both elitist and prestigious regardless of jurisdiction. Better still, the film industry only perpetuates this stereotype – see Italian-American-mechanic-turned-PI-lawyer Joe Pesci in My Cousin Vinny versus the classy barrister John Cleese in A Fish Called Wanda.
Nevertheless, there are reasons for this difference. The English legal system is based upon centuries of tradition and honour – whereas the US legal system is almost the antithesis of this. For example, President Abraham Lincoln was a self-taught lawyer, often borrowing library books in rural Illinois before becoming a symbol for the people.
All this to say that qualifying in England & Wales is still seen as very prestigious in much of the developing world, especially in former British colonies. Jinnah, Mandela, and Tagore all qualified or studied English law before becoming the highly regarded leaders that we know them to be. Many of these former colonies continue to cite UK case law in their judgments today as English law is still seen as highly persuasive. As such, having an English legal qualification is still highly regarded internationally.
Similarities between the UK and US
In spite of the differences between UK and the US in terms of the legal profession, the US is based on the English common law system although it is much more detached compared to other former English colonies, especially with the difference between federal and state jurisdictions. Many of the legal concepts are quite similar though – negligence is still negligence and vicarious liability or res ipsa loquitor (the thing speaks for itself) still applies in both jurisdictions. However, procedural laws are quite different between the US and UK which is something to spend more time on while studying for these legal qualification exams.
Advice for those considering dual or multiple jurisdiction qualification
In terms of practical advice – for California, New York, and England & Wales exams, I created a spreadsheet for all the multiple choice questions I got wrong which included categories and sub-categories with the question source, date attempted, and what the correct rule was in my own words. Once you start spreadsheeting the rules you get wrong, you start to see a consistent pattern of your weaknesses. This gives you concrete evidence of what you need to work on rather than just drowning into the sea of self-doubt and uncertainty.
No doubt there are certain doors that open upon becoming a dual-qualified lawyer especially as the world gets more and more entrenched in geopolitical issues.
Harneel K Lally
Attorney-California, New York
Solicitor (England & Wales)