Working as a lawyer in England

Becoming a lawyer in England Differences between the legal systems in Poland and England Split profession – how the peculiar division works Career and work of a lawyer Education and training Differences between law firms Type of work done by lawyers

QS World University Ranking – most famous, considers over 2000 universities worldwide 1. Massachusetts Institute of Technology (MIT) 2. Harvard 3. Cambridge 4. University College London (UCL) 5. Imperial College London 6. Oxford 7. Stanford 8. Yale 9. University of Chicago 10. California Institute of Technology (Caltech)

Higher education – structure: Undergraduate courses – bachelor degrees: BA BSc LLB Graduate courses – master degrees: MA MSc LLM Post-graduate courses - PhD BUT – note the different approaches to graduate courses in Poland and in England English universities and studying in England

Becoming a lawyer in England Differences between the legal systems in Poland and England Europe – civil law systems Based on codes / statute law Laws drafted by parliament England and Wales – common law system Also contain statute law – but key emphasis on case law Laws created by parliament AND by courts Example – contract law

Becoming a lawyer in England Split profession Peculiar, historic division No single lawyer – instead two professions: barristers and solicitors

Becoming a lawyer in England Barristers Specialise in advise and advocacy Only barristers have right of audience BUT – members of the public cannot go directly to barristers

Becoming a lawyer in England Solicitors Members of the public must go to a solicitor Solicitor then instructs a barrister on behalf of the client Work is more transactional Draft and negotiate contracts Manage transactions

Becoming a lawyer in England Becoming a barrister 1 year of BPTC (Bar Professional Training Course) 1 year of pupillage (working at a barrister firm) Becoming a solicitor 1 year LPC (Legal Practice Course) 2 years of training contract (working at a law firm)

Career and work of a lawyer – Education and training 2 ways to get into law: Traditional route: 3 years of law at university Alternative route: 3 years of any degree at university 2 years of GDL (Graduate Diploma in Law) Followed by: 1 year of LPC / BPTC Pupillage / training contract Qualify as barrister / solicitor

Career and work of a lawyer – Education and training Differences between Poland and England: PolandEngland  5 years of university  3 years of university  Master degree  Bachelor degree  8 types of aplikacja (adwokacka, radcowska, s ą dowa, prokuratorska, komornicza, notarialna, legislacyjna, ogólna)  Two courses (BPTC or LPC)

Career and work of a lawyer – Education and training NOTE – no division between advocates, prosecutors, judges Barristers are advocates and prosecutors Barristers are appointed judges – MUST first train as barristers NOTE – no separate notary profession Notarisation not a legal requirement in England NOTE – bailiffs Separate profession but not considered a strictly legal profession Must only obtain a special certificate Different status than that in Poland

Career and work of a lawyer – Differences between law firms Magic Circle – Allen & Overy, Clifford Chance, Freshfields Bruckhaus Deringer, Linklaters, Slaughter and May Silver Circle – Ashurst, Berwin Leighton Paisner, Herbert Smith Freehills, King & Wood Mallesons SJ Berwin, Macfarlanes, Travers Smith Other firms: American law firms Niche firms In-house counsel

Solicitor – career progress Trainee solicitor – 2 years Newly qualified junior associate – 2-3 years Associate – 2-3 years Senior associate – 2-3 years Partner Law firms are limited liability partnerships (spółka komandytowa in Poland) No salary, owns part of the business (akin to shareholder in a company)

Solicitor – type of work done by lawyers International firms – e.g. Allen & Overy LLP – 43 offices in 30 countries worldwide (including Warsaw) Clients are international – work has cross-border aspects One transaction almost always involves two or more offices International opportunities Secondments – international and client

Solicitor – type of work done by lawyers Reviewing financial statements, balance sheets and profit and loss accounts Calculating financial ratios Reviewing and drafting due diligence reports Setting up companies Drafting board minutes and shareholder resolutions Assisting companies in IPOs (Initial Public Offering) / floatation on stock exchange Checking if prospectuses and offering circulars conform to legal requirements

Solicitor – type of work done by lawyers Drafting contracts for financial instruments – bonds, derivates, swaps, etc Negotiating contractual terms Reviewing and drafting leases Registering security Giving tax, employment, banking, corporate, etc advice Assisting companies during their insolvency Issuing legal opinions

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