Globalisation of Legal Profession Chapter Notes - Humanities/Arts PDF Download

Legal Profession in USA

Legal Education

• In the US, to become a lawyer, students need to first complete a four-year undergraduate degree in any field, followed by taking the Law School Admission Test (LSAT). 
• Then they can apply to a law school to pursue a three-year Juris Doctor (J.D.) program. 
• The teaching methods used in law schools include studying case studies and using the Socratic Method.

Licensing Requirements

• In the US, each state has its own requirement for the mandatory Bar Exam, with differing first-time pass rates such as 72% in New York (2009), 50% in California (2010), and 88% in Massachusetts (2008). 
• To become a licensed lawyer, candidates must meet the state's criteria for character and fitness and comply with continuing legal education (CLE) requirements, which are ongoing training programs that lawyers must complete to maintain their license. 
• Nearly all states mandate the taking and passing of the Multistate Bar Exam (MBE) and the Multistate Professional Responsibility Exam (MPRE), with some states requiring additional exams such as the Multistate Essay Exam (MEE) and/or the Multistate Performance Test (MPT).

Foreign Lawyers and Practicing in the US

• To be eligible to practice law in a state in the United States, a law graduate must pass the state's Bar Exam and meet all other requirements. 
• Some states may allow foreign-educated lawyers to take the bar exam, but the laws and criteria for eligibility vary by state. 
• For example, in New York, which is more open to foreign lawyers, they may be able to sit for the bar exam without having to complete additional law school study in the US. 
• However, they may still be required to have their law degree reviewed and analyzed by the American Bar Association. 
• New York and California are popular states for foreign lawyers to take the bar exam due to the presence of many international law firms, and they are also known to be two of the most difficult bar exams to pass. 
• Foreign lawyers may also work as Foreign Legal Consultants in certain states, but they are not allowed to appear in court and can only advise on home country law and international law.

The American Bar Association (ABA)

• The American Bar Association (ABA) is a voluntary professional body for US lawyers with over 400,000 members, making it the largest such body in the world. 
• The ABA supports the legal profession through practical resources and improvements to the administration of justice, accredits law schools, establishes ethical codes, and serves its members. 
• Membership is open to lawyers, law students, and others interested in the law. 
• The ABA is responsible for creating and maintaining ethical standards for lawyers and has adopted the Model Code of Professional Responsibility and Model Rules of Professional Conduct in 49 states and D.C., with the exception of California. 
• The ABA has been accrediting schools since 1923 and publishes the ABA Journal, an internationally recognized publication.

Regulation of Legal Profession by State Bar Associations

• Lawyers in the US are regulated at the state level by the state bar or the state's highest court. 
• There are two types of bar associations in the US: unified and non-unified. In states with a unified bar, the state bar regulates lawyers and provides support to members. 
• In these states, membership is mandatory to practice law. There are 32 states with unified bars, such as California, Texas, and Florida. In states with a non-unified bar, the state Supreme Court or board of bar examiners is responsible for regulating lawyers. 
• In these states, the state bar is a voluntary professional organization with activities like professional development, lobbying, networking, and charity programs. Examples of states with non-unified bars are New York, Washington D.C., and Illinois.

Legal Profession in the U. K

Legal Education

• In the UK, the most common path to becoming a lawyer is to get a three-year LL.B. degree after secondary school. 
• Graduates from other fields can also become solicitors by completing a Legal Practice Course (LPC) and training contract. 
• To become a Barrister, one must complete the Bar Vocational Course (BVC) and secure a pupillage. 
• Barristers can appear in all courts, while solicitors can only appear in higher courts if they qualify to become solicitor-advocates. 
• In Scotland, the legal education is slightly different and a qualifying law degree is required to become a barrister or solicitor. 
• Non-law graduates can enroll in the Graduate Diploma in Law (GDL) or conversion course to become lawyers. 
• Law firms do not discriminate against non-law graduates when recruiting trainees.

Solicitors

• To become a solicitor in the UK, one must take the Legal Practice Course (LPC) after completing an LL.B. degree, which can be taken either full-time for a year or part-time for two years. 
• The LPC prepares students for a career in a law firm, and prior to this, students typically complete a vacation scheme at a law firm. 
• After the LPC, students must obtain a two-year training contract at a solicitors' firm. Solicitors are organized by the Law Society of England and Wales, which provides training, advice, and protects and promotes solicitors.

Barristers

• To become a barrister in the UK, one must have a first class degree and be a member of one of the four Inns of Court. 
• The bar exam is a one-year full-time or two-year part-time course (BPTC) which is more competitive than becoming a solicitor. 
• Before the BPTC, students must complete 12 qualifying sessions at the Inn of Court and have completed mini-pupillages and possibly some marshalling. 
• After successfully passing the BPTC, prospective barristers must obtain pupillage for one year of training and then obtain tenancy in a set of barristers' chambers or work for an organization that employs barristers.

Foreign Lawyers and Practicing in the U.K

• Outside England and Wales lawyers can still practice, with no formal experience requirements from the SRA. 
• Some firms may have their own requirements. Lawyers from EU Member States can practice at the same level as in their home country. 
• Lawyers can take the Qualified Lawyers Transfer Scheme to practice in England and Wales. It is not possible to be a barrister and solicitor simultaneously.

Legal Profession in other Countries 

France

• In France, there are over 51,800 lawyers and notaries who regulate their own profession through 181 local bar associations. 
• Paris Bar is the most influential bar with over 21,000 advocates, while the Confprence des Bktonniers and Conseil National des Barreaux are representative and national bodies for the French bars. 
• European lawyers, including solicitors of England and Wales, can register as European lawyers in France and may requalify by sitting the equivalent exam administered by the Conseil National des Barreaux. 
• Foreign lawyers can also practice in France under the Establishment Directive 98/5/EC, which allows them to give advice in international, their home country, and French law.

Germany

• In Germany, legal education requires a 4-year undergraduate degree followed by a comprehensive First Examination that focuses on academic knowledge of the law, and then a 2-year practical training period. 
• Once both exams are passed, students are qualified to work in any legal profession, but to practice as a private attorney they must apply to join a state branch of the Federal Chamber of Lawyers. 
• European attorneys may requalify either by practicing in Germany for 3 years or by sitting an equivalence exam.

Singapore

• In Singapore, there is a single legal profession known as 'advocates and solicitors', and admission to the bar is governed by the Legal Profession Act and determined by the Board of Legal Education and the Law Society of Singapore for fitness of character. 
• Foreign lawyers are regulated by the Attorney-General's Chambers.

People's Republic of China

• In China, students can complete an LL.B. directly after secondary school or if they hold a bachelor's degree in another field, they can sit for the national judicial examination. 
• The national core curriculum covers 14 courses including legal theory, Chinese legal history, and various areas of law. 
• To practice law in China, one must pass the annual uniform national judicial examination and complete a one-year internship with a law firm. 
• Foreign nationals cannot practice law in China but foreign law firms can establish a representative office to provide legal advice and represent clients in transnational cases, with certain conditions and restrictions.

Australia

• In Australia, legal education starts with a minimum 4-year Bachelor of Laws (LL.B.) degree, sometimes combined with a post-secondary degree. 
• Some top law schools now offer only the 3-year J.D. degree. After the LL.B., students must complete practical legal training (PLT) and obtain admission as a lawyer in the state/territory. 
• This requires possession of a recognized law degree, good character, and completion of PLT. Lawyers then apply for certificates of practice as solicitors or barristers (after passing the state bar exam). 
• Although there is a distinction between solicitors and barristers, the professions are largely fused, and in some cases, solicitors must meet the same requirements as barristers. 
• Initial admission is usually restricted with supervision by a senior practitioner. English law degrees are recognized but may have additional requirements by each state.

Women and the Legal Profession in India

• In India, the legal profession was traditionally male-dominated. In 1916 and 1922, the Calcutta and Patna High Courts ruled that women were not eligible to be enrolled as legal practitioners. 
• However, the Legal Practitioners (Women) Act of 1923 provided for women to be admitted and enrolled as legal practitioners. 
• Despite the increase in the number of women entering the profession, gender bias still exists, with 36% of women lawyers reporting facing gender bias in their work. 
• There have only been 5 women Senior Advocates since 1962, but gender-based disadvantages are being gradually eliminated, particularly in the corporate law sector.