Legal Education & the Legal Profession

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Presentation transcript:

Legal Education & the Legal Profession Common Law Countries

American Legal Training From apprenticeship to university training Completion of undergraduate degree in any subject Graduate from an accredited law school Pass the bar exam in the state in which one will practice

English Legal Training Solicitor Barrister Qualifying law degree or other degree and one year CPE course 2nd class honors degree One year Legal Practice Course (LPC) Alternative apprenticeship track Two year training contract Qualifying law degree or other degree and one year CPE course 2nd class honors degree One year Bar Professional Training Course (BPTC) Join an Inn of Court & “Keep Terms” One year pupilage Secure tenancy

Comparing the Common Law Education Systems Undergraduate vs. Graduate Degree Theoretical vs. Practical Training The Role of Apprenticeship Cost and Access to the Profession

Organization of the Profession in the United States Law firms (associates and partners) Corporate or organization counsel (in house) Government Lawyers (prosecutors, PD, agency) Solo practitioners (tend to specialize, on the decline) Current Issues: Professional stratification, rise of megafirms

Organization of the Profession in England Solicitors Barrister Focus on litigation, but can advocate Spread throughout UK Practice in partnership Direct contact with clients Refer cases to barristers Can become QC’s Focus on advocacy, but can litigate 70% in London Work in chambers as solo practitioners No direct contact with clients, cab rank rule Can become QCs

Issues in the English Legal Profession Trend toward a more fused profession Increased advocacy rights for solicitors, solicitors can become judges, QC’s, etc What are the advantages/disadvantages of a bifurcated profession Barristers and criminal representation Emergence of the staff Crown Prosecution Service The Role of Legal Aid

Comparing the Common Law Legal Professions Fused vs. Bifurcated Profession Cab Rank Rule Firm Size Legal Expenses