LEGAL EDUCATION & LEGAL PROFESSION Civil Law System: France

Characteristics of the Legal Profession in Civil Law Countries

Organization of the Profession Avocats – standard lawyers, plead in court Avocats aux Conseils – avocats before the two high courts: Cour de Cassation and Conseil d’Etat (Avoues phased out) Juristes - in-house counsel, no Bar Ministere Public - public prosecutors and role in civil cases Notaires – monopoly on property transfers and certain civil transactions (wills, estates, marriage) Academic Lawyers - write doctrine Hussiers and Court Clerks Judges - separate profession, they go to Magistrates school

Legal Education in France Traditionally, exclusive domain of universities Large classrooms Little emphasis on personal research, developing oral expression and argument skills, rhetoric and personal opinions Not the Socratic method Rote Learning Professors reading their materials Legal clinics are rare

Legal Education: Avocats (Lawyers) Academic Training Undergraduate Degree (3 years) to obtain une licence Master 1 (one year - required) Master 2 ( 2year - common) Students pursue either a research Master or a professional Master Students pursuing a research Master will have additional years to complete a Ph.D. Professional Qualification Oral and written entrance examinations for CAPA school Study for the CAPA (certificate d’aptitude a la profession d’avocat) 18 Months (professional conduct, specialization, training period) CAPA Exam

Legal Education: Other Professions Academic Training Four year law degree (through M1) Professional Qualification Notaires: specialized postgraduate degree for notaires or one-year course and two year training contract Hussiers de Justice: Two year traineeship followed by a professional exam

Legal Education: Ministere Public (Civil/Criminal Judges) Academic Training Undergraduate degree and 4 years study, need not be law, but most are and most have advanced degree Professional Qualification Must secure entrance to the ENM via examination First stage: written exam Second stage: oral exam <10% success rate Training at ENM (31 Months) 11 months in public or private placements combines with courses 14 months assisting judges/working with advocates Merit placement exam allocates specialty 6 months training in specialty Alternate Routes

Legal Education: Administrative Judges Academic Training Undegraduate degree (license) need not be law, but most are and most have advanced degree Professional Qualification Must secure entrance to the ENA via examination First stage: written exam Second stage: oral exam <10% success rate Training at ENA (27 Months) Alternating periods of internships and lectures (four modules) Final merit examination determines placement Conseil d’Etat only available to the highest ranking. Also can pursue administrative judge post in one of the administrative law courts outside of Paris Alternate Routes