Translator：Zhang Xiaotong

On June 21, 2023, Attorney Li Yuan from the Demidchik Law Firm in the U.S. was invited by the Landing International Investment and Trade Department, and Landing Intellectual Property Department to present a lecture on "U.S. Bar Examination and Litigation Practices." The lecture was moderated by Attorney Gao Qiang from Landing's Intellectual Property Department. The event was held both online and offline, with nearly four hundred lawyers and audience members in attendance.

Attorney Li Yuan, originally a public service lawyer in China and now a litigating attorney in California, appears in California and federal courts more than a hundred times annually. Drawing from his academic and professional journey, he provided a comprehensive insight into the U.S. lawyer examination system and litigation practices, earning unanimous praise from the attendees.

At the start, Li Yuan thoroughly discussed the U.S. LLM (Master of Laws) and JD (Juris Doctor) programs, detailing aspects like program duration, costs, application requirements, benefits, school selection, and application materials. Typically, an LLM can be completed in a year, while a JD program spans three years. He recommended considering factors like rankings, geographic location, specialties, costs, and domestic reputation when choosing a school.

Li Yuan then elaborated on the U.S. Bar exam, highlighting New York and California as popular choices among exam-takers. New York allows LLM degree holders to sit for the exam, while California permits both LLM holders and those who haven't pursued LLM. For prep courses, he mentioned common choices like Barbri, Themis, and Kaplan. He also noted that the Bar exam is held twice a year, allowing candidates to pick their preferred timing.

Following this, he shared the process of obtaining professional credentials in the U.S. and key considerations after becoming a U.S. attorney. The usual procedure involves the MPRE exam, Bar or state law exams, background checks, and an oath-taking ceremony. Li Yuan emphasized post-certification matters, including attending MCLE, paying annual dues, and choosing between active, inactive, or resigned practice statuses. He also touched upon the CTA/IOLTA for client fund management.

Li Yuan meticulously explained the U.S. lawyer's fee structures, court system, basic procedures of trial cases, and differences compared to Chinese litigation. Fee methods include hourly rates, fixed fees, and contingency fees. Basic trial procedures encompass pretrial and trial phases, featuring motions, discovery, jury trials, and bench trials. He underscored variations between U.S. and Chinese litigations in areas like motions, plea bargains, discovery, and attorney communication.

After the presentation, Director Li Xinli of the Landing International Investment and Trade Department summarized the event and expressed gratitude for Li Yuan's enlightening talk. Several attending lawyers posed questions about LLM applications, Sino-U.S. professional experiences, and U.S. litigation procedures. Li Yuan answered all queries in detail based on his experiences. The lecture concluded on a high note amidst a lively atmosphere.