Admission to practice law: Difference between revisions
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==North America== |
==North America== |
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In North America, admission is also commonly<ref name=lawlicense><!--(Citations per request from User:Zoticogrillo)--> |
In [[North American English]]<!--not "North America" with Mexico-->, admission is also commonly<ref name=lawlicense><!--(Citations per request from User:Zoticogrillo)-->The term is more prevalent in [[U.S. English]]{{Fact|date=March 2009}} and to a lesser extent{{Fact|date=March 2009}} in [[Canadian English]] (where it is more usually spelled ''law licence<!--ce-->''). <br>— Examples from the U.S. court side include: "Respondent used his law license to commit crimes [...]. Accordingly, we conclude that respondent should be disbarred" (NYCourts.gov, [http://www.nycourts.gov/ad4/AG/Page6P.11-15-02.htm "Appellate Division Decisions of November 15, 2002"]) and "ordered to surrender his law license and resign from the practice of law" (USDOJ.gov, [http://www.usdoj.gov/eoir/press/01/attydiscMar01.htm "EOIR Announces Disciplinary Actions Against 11 Immigration Practitioners"], 2001). <br>— Examples from the U.S. bar side include: "A North Carolina judge who lost his law license based on accusations he took money [...]"[http://abajournal.com/news/appeals_court_upholds_nc_judges_disbarment/] and "Scooter Libby Loses Law License"[http://abajournal.com/news/scooter_libby_loses_law_license_formerly_top_cheney_aide/] (''[[American Bar Association]] Journal'', both in 2008, <!--(Per User:JackLumber remark that 2 examples are not a source.)-->from [http://www.google.com/search?q=site%3Aabajournal.com+%22law+license%22 more than 300 instances in the ''ABA Journal'']). <br>— Examples from Canadian medias include: "Disbarred lawyer [...] says he'll fight to get back his law licence."[http://www.theexpositor.com/ArticleDisplay.aspx?e=1123679] (The ''[[Brantford Expositor]]'') and "Convicted murderer wants law licence back"[http://www.cbc.ca/canada/story/1999/07/19/sychuk990719.html] (''[[CBC.ca]]'').</ref> called a law license<!--redirect-->. |
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===Canada=== |
===Canada=== |
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Revision as of 22:55, 11 March 2009
 A lawyer at the tribunal, 19th c. | |
| Occupation | |
|---|---|
Occupation type | profession |
Activity sectors | court finance |
| Description | |
Education required | see professional requirements |
Admission to practice law, or being licensed to practice law, as a lawyer is a widely varied process across the world. Common to all the jurisdictions are requirements of age, competence, honesty and sometimes citizenship. However, the most varied requirements are those surrounding the preparation for the license, whether it includes obtaining a law degree, passing an exam, or serving in an apprenticeship. In English, admission is also[1] called a law license.
Asia and Pacific Islands
China
In the People's Republic of China, to become a lawyer one must first obtain an undergraduate law degree (B.A. which lasts four years), pass the National Judicial Examination, and complete a one year apprenticeship.[2]
Fiji
All that is required for the practice of law in Fiji is a Bachelor of Law degree (which lasts four years), although that requirement may also be waived upon petition with another degree and/or sufficient legal experience.[3]
Hong Kong
Hong Kong makes a distinction between barristers and solicitors. Admission to both professions require a law degree (either the LL.B. which lasts four years, or the Juris Doctor which is a second entry program and lasts three years) and the Postgraduate Certificate in Laws (which requires nine months), however the apprenticeship requirement to become a barrister is only one year, while a soliciter must apprentice for two years.[4]
India
Admission to practice in India requires membership in state bar association, all of which require an undergraduate law degree (LL.B. which lasts three years) and an apprenticeship of one year.[5]
Israel
A license to practice law in Israel requires an undergraduate law degree (LL.B., which is a three and a half year program), a one year apprenticeship, and the passing of the Examination.[6]
Japan
In Japan, the requirements to become a lawyer include an undergraduate degree in any field (which requires four years of study), a Juris Doctor (which lasts three years), the passing of the state exam, and a two year apprenticeship which incorporates additional coursework during the course of the apprenticeship.[7]
Korea
Korean attorneys must complete an undergraduate degree in any subject, obtain a masters of law degree (법무석사 과정, a three year program), complete courses at the Judicial Research and Training Institute and pass the bar examination.[8]
Kazakhstan
Lawyers in Kazakhstan must complete an undergraduate law degree and pass the state examination.[9]
Malaysia
For a license to practice law in Malaysia, one must be a member of one of the two regional bar associations, which membership requires the completion of a Bachelor of Laws degree (LL.B. which requires four years of study) or a Bachelor of Jurisprudence (B.Juris which requires three years of study), a Certificate in Legal Practice, and a nine month apprenticeship.[10]
New Zealand
To become a lawyer in New Zealand, an applicant must complete an undergraduate law degree (LL.B., which lasts four years), and complete the Professional Legal Studies Course (which lasts five months).[11]
Singapore
The requirements to practice law in Singapore include an undergraduate law degree (LL.B., which requires four years, or 3 years for a second entry LL.B.), completion of the Postgraduate Practice Law Course (which lasts 5 months), and the completion of a six months apprenticeship.[12]
Sri Lanka
To practice law in Sri Lanka one must be admitted and enrolled as an Attorney-at-Law of the Supreme Court of Sri Lanka.[citation needed] This archived by completing law exams at the Sri Lanka Law College and spending a period of one year of apprenticeship under a practicing attorney.[citation needed] To undertake law exams students must gain admission to the Sri Lanka Law College and study law or directly under take exams after gaining a LLB from a local or foreign university.[citation needed]
Europe
Among European Union members, the Diplomas Directive (Directive no. 89/48/EEC) states that those who have obtained a license or diploma in one state can pursue the profession in another state, therefore it is not difficult for a law degree in one jurisdiction can be used as a qualifying degree in another jurisdiction within the European Union.
Belgium
In Belgium, in order to practice law as a lawyer ("advocaat" in Dutch, "avocat" in French, "Rechtsanwalt" in German), one must complete a Bachelor in Law (which requires three years of study), a Master in Law (which requires two years of study), complete a three year apprenticeship, complete the CAPA courses and pass the final exam.[13]
Denmark
In Denmark in order to use the title of advokat, one must complete a LL.B. (three years of study) and a LL.M. (which awards the academic title of Candidata Juris, and requires two years of study), followed by a three year apprenticeship, one year as an assistant lawyer, and exam which has a moot court element.[14]
England and Wales
In England and Wales it is not required to be formally admitted to practice law, but admission is required to use the title of solicitor or barrister. For both the solicitor and barrister professions, one must obtain an undergraduate law degree (LL.B. which lasts three years), or complete the Common Professional Examination / Graduate Diploma in Law (which lasts one year). Potential solicitors are then required to complete two years of apprenticeship with the simultaneous Legal Practice Course and Professional Skills Course, while potential barristers must complete a one year apprenticeship and with the simultaneous Bar Vocational Course.[15]
France
To become a French avocat, one must obtain an undergraduate degree (licence, three years), a Masters of Laws (diplôme de maîtrise en droit, two years), complete the exam to enter l'Ecole de Formation du Barreau which provides a course of eighteen months and results in the award of the requisite Certificat d'aptitude à la profession d'avocat (CAPA).[16]
Finland
Anyone can practice law in Finland, not just lawyers, but only those licensed by the bar association may use the title asianajaja, which requires the completion of a Bachelor of Laws (or oikeusnotaari, which takes three years), a Master of Laws (or oikeustieteen maisteri), which takes two years, a four year apprenticeship, and the passing of a bar exam which also requires the demonstration of practical skills.[17]
Germany
To be authorized to practice law in Germany as a Rechtsanwalt, one must be a member of a local bar association. The requirements for membership in a local bar association include an undergraduate law degree (Rechtswissenschaft or Diplom-Jurist, which requires about four and a half years and includes the First State Exam), a two year apprenticeship, and the passing of the Juristischen Staatsexamens (Second State Exam).[18]
Ireland
Following the English tradition, Ireland also has both barristers and solicitors. To become a solicitor, one must complete an undergraduate law degree (LL.B. which requires three years) or pass the Preliminary Examination. Then one must pass the Final Examination and complete two years of an apprenticeship and complete the concurrent Professional Practice Courses. To become a barrister, one must complete an undergraduate law degree (LL.B. which lasts three years) or acquire a Kings Inn Diploma (which requires one year), complete the Entrance Examination, and finish a one year apprenticeship (called Devilling) and the concurrent Degree Course.[19]
Italy
A potential lawyer (avvocato) in Italy must be a member of an Italian bar association, which requires completion of an undergraduate law degree (Laurea in Scienze Giuridiche, three years), a graduate law degree (Laurea Specialistica in Giurisprudenza, a one year program which confers the title of Dottore Magistrale in Giurisprudenza), completion a two year apprenticeship, and pass the professional exam.[20]
Moldova
To become a lawyer in Moldova, one must obtain an undergraduate law degree and pass the state examination.[21]
Netherlands
In the Netherlands in order to become licensed to practice as an Advocaat one must complete the undergraduate law degree (Bacheloropleiding or ll.B, which is three years), the masters law degree (doctorandus in law before implementation of the Bologna Process and conferring the meester title, which is a one year LL.M. program), and a three year apprenticeship.[22]
Poland
In Poland, in order to become a licensed lawyer (Adwokat or Radca Prawny), one must complete a recognised masters degree in law and become a member of a bar association (The Polish Bar Council or National Council of Legal Advisors). There are several ways of admission to the bar, including: a three year bar training followed by bar exam; five years of legal professional experience followed by bar exam; Ph.D. in Law followed by either bar exam or 3 years of legal professional experience; possession of high academic qualification in legal sciences (habilitated doctor, professor). Once admitted to the bar association of one occupation, a lawyer can move to another occupation with little hassle.[23]
Russia
It is not necessary to have a license to practice law in Russia as a legal consultant, but only advocates are permitted to appear in court (with the exception of those appointed to represent an individual person). In Russia an advocate must obtain an undergraduate degree in law (four years), and a Specialist in Law or Jurist degree (one year), then pass oral examinations (although the top graduates are exempt from portions of the exam).[24]
Scotland
To become a lawyer in Scotland, one must complete an undergraduate law degree (LL.B., which lasts three years), obtain a Diploma in Legal Practice (one year), and complete a two year apprenticeship with the Professional Competence Course (which lasts only seven days).[25]
Spain
In Spain, a lawyer uses the title of Licenciado (or Lic.) or Abogado, and must be a member of a local bar association, such as the bar association of Madrid, whose requirements for membership are the same for all bar associations. The only requirement is the undergraduate law degree Titulo de Licenciado en Derecho, which requires five years of study.[26]
Sweden
In Sweden membership in the bar association required to use title of advokat or lawyer, but not to practice law. Membership in the bar association requires an undergraduate law degree (jur. kandidatexamen, which lasts three years), five years of legal work at least three of which must be in a law office (either an established firm or one's own firm), and the passing of an oral examination.[27]
Switzerland
In Switzerland, lawyers must complete a Bachelor of Law (B Law, which lasts three years), a one year apprenticeship, and pass the examination.[28]
North America
In North American English, admission is also commonly[1] called a law license.
Canada
Canadian applicants to the bar must obtain admission to one of the local Law Societies in the various jurisdictions of Canada, which generally require that a student complete any undergraduate degree in any discipline (B.A. of four years), an undergraduate law degree (LL.B. of B.C.L., three years) or Juris Doctor (three years), a nine month apprenticeship, a Professional Legal Training Course (ten weeks), and the bar exam for that jurisdiction.[29]
Mexico
Lawyers in Mexico are required to complete a law degree (Licenciado en Derecho, a five year program), and obtain a practice certificate (cedula professional) from the Bureau of Professions of the Ministry of Education (Direction General de Profesiones), which officially certifies the license by virtue of the law degree.[30]
United States of America
Lawyers in the United States must be admitted by each U.S. jurisdiction in which legal advice is rendered (a U.S. state, commonwealth or territory), which admission generally requires that they complete an undergraduate degree in any discipline (usually four years), obtain a Juris Doctor degree (three years) and pass a bar exam. However, the requirements vary between the jurisdictions, as there are exceptions to each of the general requirements in some of them.[31]
South America
South American countries with a strong historical connection to Spain tend to follow the same academic and professional traditions and requirements as Spain.
Argentina
In Argentina those who seek to become lawyers must complete an undergraduate law degree (Bachilleres Universitarios en Derecho, which lasts four years), and a professional certificate (Certificado de Orientación Profesional, a one year program).[32]
Brazil
The license to practice law in Brazil requires an undergraduate law degree (Diploma, which lasts five years) and the passing of the examination.[33]
Chile
To practice law in Chile, initiates must first complete the law degree (Licenciado en Ciencias Jurídicas, five years) and a six month apprenticeship.[34]
Peru
Lawyers (Abogados) in Peru must be members of a local bar association, which requires an undergraduate law degree (Bachiller en Derecho, a four year program) and a diploma (Titulo de Abogado), which diploma requires one year of apprenticeship and an exam.[35]
See also
References
- ^ a b The term is more prevalent in U.S. English[citation needed] and to a lesser extent[citation needed] in Canadian English (where it is more usually spelled law licence).
— Examples from the U.S. court side include: "Respondent used his law license to commit crimes [...]. Accordingly, we conclude that respondent should be disbarred" (NYCourts.gov, "Appellate Division Decisions of November 15, 2002") and "ordered to surrender his law license and resign from the practice of law" (USDOJ.gov, "EOIR Announces Disciplinary Actions Against 11 Immigration Practitioners", 2001).
— Examples from the U.S. bar side include: "A North Carolina judge who lost his law license based on accusations he took money [...]"[1] and "Scooter Libby Loses Law License"[2] (American Bar Association Journal, both in 2008, from more than 300 instances in the ABA Journal).
— Examples from Canadian medias include: "Disbarred lawyer [...] says he'll fight to get back his law licence."[3] (The Brantford Expositor) and "Convicted murderer wants law licence back"[4] (CBC.ca). - ^ Admission to practise in China. Melbourne Law School. Accessed February 18, 2009.
- ^ Admission. Fiji Law Society. Accessed February 18, 2009.
- ^ Admission to practise in Hong Kong. Melbourne Law School. Accessed February 18, 2009. Hong Kong Solicitors. The Law Society of Hong Kong. Accessed February 18, 2009.
- ^ The Bar Association of India. Martindale.com. Accessed February 18, 2009. V. Ramakrishnan. Guide to Indian Laws. LLRX.com. Accessed February 18, 2009.
- ^ Ruth Levush. Israeli Law Guide. LLRX.com. Accessed February 18, 2009.
- ^ Japan Federation of Bar Associations. Martindale.com. Accessed February 18, 2009. Foote, D. (2005). Justice System Reform in Japan. Annual meeting of the Research Committee of Sociology of Law, Paris. European Network on Law and Society.
- ^ Qualification of the Attorneys-at-Law. Korean Bar Association. Accessed February 18, 2009. Korea: Legal Reform Initiative. Maureen and Mike Mansfield Center, University of Montana. Accessed February 18, 2009.
- ^ Karim Shakirov. A Legal Research Guide to Kazakhstan. LLRX.com. Accessed February 18, 2009.
- ^ Legal Profession Act, 1976. The Malaysian Bar. Accessed February 18, 2009.
- ^ Admission. New Zealand Law Society. Accessed February 18, 2009.
- ^ Requirements for Admission as an Advocate & Solicitor of the Supreme Court of Singapore. Law Society of Singapore, Board of Legal Education. Accessed February 18, 2009.
- ^ Belgium Bar Association. Martindale.com. Accessed February 18, 2009.
- ^ Uddannelseskrav (in Danish). Advokatsamfundet (Danish Bar and Law Society). Accessed February 17, 2009. The Danish Bar and Law Society. Martindale.com. Accessed February 17, 2009.
- ^ Solicitors Regulation Authority. Accessed February 18, 2009. Notes on Applications for Certificate of Exemption from the Common Professional Examination. Solicitors Regulation Authority. Accessed February 18, 2009.
- ^ Les voies d'acces a la profession (in French). Ordredes Avocats de Paris. Accessed February 18, 2009.
- ^ Jäseneksi hakeminen (in Finnish). Suomen Asianajajaliitto (Finnish Bar Association). Accessed February 18, 2009.
- ^ Zulassung (in German). Rechtsanwaltskammer Berlin (Bar Association of Berlin). Accessed February 18, 2009.
- ^ Education. Law Society of Ireland. Accessed February 18, 2009. Prospective Students. The Honorable Society of King’s Inn. Accessed February 18, 2009.
- ^ Normativa Professionale, R.D.L. 27 novembre 1933, n. 1578 (in Italian). Ordine degli Avvocati di Roma. Accessed February 18, 2009.
- ^ Mariana Harjevschi. An Overview of the Legal System of the Republic of Moldova. LLRX.com. Accessed February 18, 2009.
- ^ Act on Advocates. Nederlandse Orde van Advocaten. Accessed February 18, 2009.
- ^ National Council of Legal Advisors
- ^ Julia Pogodina and Ruslan Sadovnikov. Legal Education and Legal Careers in Russia. Northwestern University School of Law, Career Center. Accessed January 7, 2009.
- ^ Law Society of Scotland. Martindale.com. Accessed February 18, 2009. Law Society of Scotland. Law Society of Scotland. Accessed February 18, 2009.
- ^ Ilustre Colegio de Abogados de Madrid. Martindale.com. Accessed February 18, 2009. Primera incorporación de licenciados en derecho españoles (in Spanish). Colegio de Abogados de Madrid. Accessed February 18, 2009.
- ^ Att Bli advokat (in Swedish). Sveriges Advokatsumfund. Accessed February 18, 2009.
- ^ Education/Supervision. Zurich Bar Association. Accessed February 18, 2009.
- ^ Overview of Admissions. Law Society of British Columbia. Accessed February 18, 2009. Equivalences to Becoming a Lawyer in Quebec. Barreau du Quebec. Accessed February 18, 2009.
- ^ Bohheimer, et al. Unauthorized practice of law by U.S. lawyers in U.S.-Mexico practice. Georgetown Journal of Legal Ethics. 2002.
- ^ Comprehensive Guide to Bar Admission Requirements. National Conference of Bar Examiners. 2008. Accessed February 18, 2009.
- ^ Plan de Estudio de la Carrera de Abogacía (in Spanish). Facultad de Derecho, Universidad de Buenos Aires. Accessed February 18, 2009.
- ^ Edilenice Passos. Doing Legal Research in Brazil. LLRX.com. Accessed February 18, 2009.
- ^ Quienes son Abogados (in Spanish). Colegio de Abogados de Chile. Accessed February 18, 2009.
- ^ Requisito Incorporacion (in Spanish). Colegio de Abogados de Lima. Accessed February 18, 2009. Requisitos para obtener el titulo de abogado (in Spanish). Pontificia Universidad Catolica del Peru. Accessed February 18, 2009.