Navigating the Licensing process for Internationally Trained Lawyers (ITLs)
Guest Post by Kateryna Gorbatenko
Today’s article is by Kateryna Gorbatenko.
Kateryna reached out to me after my LinkedIn post talking about how ridiculous the existing bar exam process is in Ontario and how I’d fail the bar if I had to write it today.
She messaged me about some of the ridiculous barriers she had to go through to continue practicing as a lawyer in Canada and some of those frustrations.
Her first article for The Authentic Lawyer was here. Her second article is below.
Hope you enjoy!
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Licensing process for ITLs vs domestic students. Are we the same?
We could spend hours discussing how the licensing process for internationally trained lawyers (ITLs) often seems unreasonable, especially when comparing themselves with domestic students. But is this so?
Reflecting on the start of my journey, I found myself searching for an answer to why it was indeed a challenging path to navigate.
My train of thought led me to recall an insightful idea from Malcolm Gladwell's excellent book, "Outliers: The Story of Success." Interestingly, when I first read the book in Russian, its title was translated as "Geniuses and Outsiders: Why People Cannot Have Equal Opportunities." Gladwell identifies three essential factors that need to be considered before assessing the fairness and diversity of an individual’s success in life:
Individual Background: This includes family status, country of origin, and educational level (if applicable).
Degree of Determination for Success: Assess the individual's commitment and drive towards achieving success.
Time Investment: Evaluate the number of hours dedicated to pursuing personal goals.
Reflecting on this outline, I'm reminded of times when I compared myself to other students who achieved their licensing faster than I did. I questioned what differences led to their quicker success. In my analysis, I identified two primary factors that might cause an Internationally Trained Lawyer to spend more time obtaining a license in a different jurisdiction.
The most significant barrier is language. For example, I was born in a Russian-speaking country where learning English was as mandatory as piano lessons, starting from the first grade. However, using English as a primary language for processing information was not a requirement until I moved to an English-speaking country.
It took me two years of dedicated work and continuous study to feel comfortable expressing myself in a relatively new language. I engaged in extensive self-study, attended college, and soon after enrolled in a university. Eventually, I found myself thinking in English, particularly while preparing for my licensing exams.
Secondly, concerning the format of education in post-Soviet Union countries, students were required to read and retain vast amounts of information. This knowledge had to be recited later during oral exams, where a professor could pose any question within the scope of the required competencies.
In Canada, I have undertaken eight NCA exams and two licensing exams, all of which primarily tested my ability to quickly locate information using various resources to support my answers. Initially, I adhered to the study approach I had been taught—reading, retaining, and citing. However, I eventually adapted to the method practiced in the country where these exams are administered.
I want to highlight the typical challenge of adjusting to a language that allows one to comfortably tackle licensing exams. This struggle resonates with many licensing candidates who have shared similar difficulties with me recently.
The National Accreditation Committee was established in Canada to evaluate internationally trained lawyers from diverse backgrounds and ease their integration into the Canadian legal market.
Internationally trained lawyers generally spend about one to one and a half years clearing NCA exams. Whether this period suffices to adequately prepare one for licensing exams, as expected for both domestic and international lawyers, is debatable.
This does not necessarily imply that the process is unfair to ITLs. As noted, individual capabilities vary. Nevertheless, ITLs who have been encouraged to relocate to Canada, investing substantial money and time in their education, might reasonably anticipate a somewhat more accommodating route to eventually practicing law in Canada.