British attorney continues wait to practice

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Gail C. Worley is frustrated. She is a graduate of a prominent law school with more than three years of practice experience in commercial litigation at an emerging mid-size firm.

But it has been seven years since she appeared in a courtroom or signed her name to a brief, in part, because of a state rule that prohibits foreign-trained attorneys from taking the bar exam in Wisconsin.

Worley, who is a native of Wimbledon, England, hopes that will change on Feb. 9.

The state Supreme Court is set to review a petition that would give graduates of law schools from outside the country a chance to become licensed in Wisconsin.

“All I want is the chance to take the examination,” said Worley, who is not licensed to practice in the state. “If I was a horrible lawyer or I wasn’t intelligent, the bar is made up so that [I] would fail it. But they are not allowing you to [take] the bar.”

Board of Bar Examiners Director John E. Kosobucki said evaluation of changes to Chapter 40 of the Supreme Court Rules regarding admissions have been ongoing for several years and it is time they recognize the growing number of qualified foreign attorneys who want to practice in the state.

He said he receives a handful of calls each month from foreign attorneys inquiring about practice eligibility in Wisconsin and they always end the same way.

“I tell them they are not eligible under our current rules,” Kosobucki said.

In the meantime, Worley, who does the work of a law clerk at Rizzo & Diersen S.C. in Kenosha, and others wait for their chance to resume their legal careers as attorneys in Wisconsin.

Legal Shock

When Worley came to the states in 2001 she said there was little reason to expect that her legal career would be sidetracked.

Her husband, an engineer, was lured to an American firm in Colorado, and she had made inquires about reciprocity standards with The Law Society, which is the equivalent of the State Bar in England.

Law credentials for American attorneys who want to practice in the United Kingdom are subject to a three-month conversion process, so Worley expected similar standards for British attorneys coming to the U.S.

But eligibility requirements for how, or whether, foreign attorneys can obtain their license in the U.S. differ from state to state.

Of the 29 states that have eligibility standards for foreign attorneys, 12 allow lawyers who are legally educated in English common law to take the bar exam.

But Wisconsin only allows foreign attorneys to seek permanent licensure if they have practiced in another U.S. jurisdiction for at least three years, or if they have graduated from an ABA-accredited law school.

After being told in Colorado she would have to “redo her law degree,” Worley opted to take three years off to raise her three young children. When her family relocated to Wisconsin in 2004, Kosobucki told her the same story.

“If I had any iota that from 2001 until 2008 I would have been fighting to practice as a lawyer here, I don’t think I would have moved here,” Worley said. “I would have stayed in good old Britain.”

Familiar Setting

In the U.K., Worley was working as an associate for Mayo & Perkins doing commercial litigation and teaching civil litigation to paralegals. While she enjoys working at Rizzo, she said it has been difficult seeing her U.K. friends become partners, as she does preparatory work for cases she cannot finish.

She said she typically introduces herself to clients as a U.K. attorney not licensed to practice in Wisconsin. Since she cannot practice law, Worley must be accompanied by a licensed attorney from the firm in all legal settings.

Though law clerk best describes her role with the firm, Worley said she does whatever she can, short of actually practicing law.

“I’m doing a huge amount of work with no recognition apart from the fact that I’m doing the work,” said Worley, who will testify in support of the petition on Feb. 9. “Where’s the fairness in that?”

Kenosha County Circuit Court Chief Judge Mary K. Wagner wrote a letter of recommendation for Worley to get licensed, even though she has never seen her try a case in court.

“I don’t think you can say anyone from England would not be well grounded in the law since we base our system on theirs,” Wagner said. “Anyone who shows they have an appropriate understanding of law here should be able to get licensed.”

Passion about the Law

Although Worley said the last seven years have been frustrating, she admits that her initial naivety contributed to her present situation.

“I think my error was when I inquired with the Law Society, I didn’t say to them, will my credentials be recognized there [in the U.S.]?,” Worley said.

She could have enrolled in law school, but said it did not seem logical to have to spend another three years or more, and thousands of dollars getting a degree she already had earned. Worley said she also has engineering and teaching degrees, which cost time and money to obtain.

“I don’t have that kind of money or time to do something which I feel I’ve already done properly,” Worley said.

She also can’t apply for admission in Illinois. Although Illinois does permit foreign attorneys to take the bar exam, it requires them to have practiced for five of the last seven years in their native jurisdiction.

As of Jan. 1, Wisconsin loosened its reciprocity standards to allow lawyers with proof of three years’ practice in any American jurisdiction the opportunity to become licensed in the state.

Previously, Wisconsin had reciprocity agreements with only 20 states and Washington D.C.
But she said her loyalty to her firm, familiarity with the legal community in Kenosha and unwillingness to commute out of state made her decision to stay in Wisconsin a sensible one, for now.

If afforded the opportunity to take the bar exam, Worley said she plans to study-up on state law, but she expressed confidence she will pass.

“I’m passionate about the law and feel I can offer a lot, so I need to work with this system,” Worley said. “But how long can I wait?”