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Legal Education

Legal Education. History – law schools / training Roman period Reception (growth of notaries) Pre-Code period French codification French legal education Qualifications Progression (school  training  bar). French legal education. Legal Education. Roman educational system

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Legal Education

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  1. Legal Education • History – law schools / training • Roman period • Reception (growth of notaries) • Pre-Code period • French codification • French legal education • Qualifications • Progression (school  training bar)

  2. French legal education

  3. Legal Education • Roman educational system • Classical period • Justinian model • Reception • University-trained advocates / professors • Notaries / guild-training • French legal education • Recent reforms: Japan, Italy

  4. Legal Education • Roman educational system • Classical period (150 BC – 250 AD) • No law schools / educational qualifications • No professional judges • No professional advocates (orators) • Jurists (write treatises) disdain orators

  5. Legal Education • Roman educational system • Justinian period • Organized bar (consortia advocati / togati) • Law schools in Constantinople, Rome, Beirut (iusrisperitus) • Justinian specifies law school texts / curriculum (5 years) • Law schools certify Latin-speaking advocates (iuris periti) • Two tiers: imperial advocates / lower-court procurators

  6. Legal Education • Roman law reception • University-based • Rediscovery of Justinian’s Digest (1088) • Law teaching in Bologna • Commentators emulate jurists: consulta • Curriculum (in Latin) • Follow Justinian’s curriculum / hierarchies, procedures • Includes Canon law • Advocates • Ecclesiastical court practice • No certification for court procurators

  7. Legal Education “Latin notary” • What are functions and powers of non-judicial notary? • Any institution/person comparable in common law countries?

  8. Legal Education • Notarial profession • Classical Roman period • Tabellio: scriveners who write stipulatio • Notario: create public instruments • Illiterate population • Validate important transactions (donations)

  9. Legal Education • Notarial profession • Reception • Continued through medieval period (judicial notaries) • Non-judicial notaries • Quasi-public officials • Public instruments that have fides publica • Repositories (protocols) of public instruments

  10. Legal Education • Notarial profession • Professional notarial guild • 1300 members • In Bologna: only professional / trade guild on Piazza Maggiore • Functions • Drafter official records: endowments, transfers of ownership and provisions of wills • Notarial schools / learned profession, with practical training • Rolandino (father of notarial art)

  11. Rolandino (1215-1300) Bolognese founder of modern notary practice Author of acclaimed “Summa totius artis notarie” Politician (moved power to educated middle class, during Guelf and Ghibilline disputes) University professor (after papacy took control of Bologna) Effigie di Rolandino Bologna, Basilica di San Petronio Cappella della S. Croce o dei Notai Legal Education

  12. Notarial acts include snippets of poetry and literature Popular poets -- JacopoLentini, re Enzo, Guido Guinizzelli, Tuscan writers –Dante, Guido Cavalcanti, Cecco Angiolieri, Cino da Pistoia verses of songs and nursery rhymes in Italian Amministrazione della GiustiziaComune, Statuti, vol. XIII, c. CLVIIr Bologna, Archivio di Stato Legal Education

  13. Legal Education Pre-code period • Division between advocate and procurator • Professional functions • Educational formation • University professors • Successors to “jurist” (eventually dead secular law, dead language) • Studiosi iuris / iuris interpretes consultique • Collection of consilia • Government control over admission • Advocates: university training (wear capes) • Procurators: practical apprenticeship

  14. Legal Education French Revolution • New law schools (change old legal order) • Temporarily close law schools: reopen as university faculties • Standardized curriculum based on codes / exegetic • Focus on enacted law – effect on legal reform, inquiry • Professional admission • University degree: mandatory for judges, prosecutors, advocates, procurators • State bar examination, followed by probationary stage • No monopoly, no special costumes (robes) • Advocates defend Republic

  15. Legal Education Modern French legal profession / education • Legal profession • Professional categories • Legal professional rules • Legal education (avocats) • Qualification • Law school • Post-degree apprenticeship

  16. Legal Education • Professional categories • Avocats: counterpart to US lawyer • Both litigator, and legal advisor / transactional representative • Specialized litigators (highest courts, first instance, intermediate, commercial courts) • Conseil juridique (recognized in 1971, folded into avocat in 1990) • Response to US style full-service representation • Same educational requirments as avocats • Notaire: monopoly over certain transactions (real estate, organizing business)

  17. Legal Education • Professional rules • Unauthorized practice of law • Non-member of legal profession cannot use titles • As part of job, can give legal advice / prepare documents • New rules require that have degree (though not pass exam) • Avocats may not affiliate with non-avocats (no MDP) • Juristes de’enterprises (in-house counsel) cannot litigate

  18. Legal Education Frank Cross, Empirical Evaluation of Effect of Lawyers on US Economy and Political System, Texas L. Rev. (1992) • Does America have too many lawyers? • Hard to compare since law degree doesn’t mean lawyer • Some data: ABA Journal (1992) • Consider what lawyers do? • Lawyers’ monetary costs uncertain, relatively insignificant • Lawyers produce nonmarket social goods (human rights, democracy)

  19. Legal Education Frank Cross, Empirical Evaluation of Effect of Lawyers on US Economy and Political System, Texas L. Rev. (1992) • Data from 49 countries • strong relationship between # lawyers • Political Rights (measured by Freedom Foundation) • Civil Liberties (measured by Freedom Foundation) • Human Rights (measured by The Economist) • Freedom (measured by Agora Inc) • reduction in US # lawyers rate by 20-25% correlates to freedom comparable to Kuwait, Nepal, Peru, El Salvador

  20. Legal Education French legal education: avocat • Qualification: • French national, EC national, Euro Eco Area, nationals from countries with reciprocal rights • Ordre of Avocats v. Klpp (Euro Ct Justice 1984): German lawyer can practice in France (free movement of services) • Pro hac vice (accompanied by local lawyer) when go to court • France requires exam for foreign lawyers (but avoids, French university, professional training institute, probationary period) • Exam not required under EC Directive (3 years transitio) • Maltrise from French university (OK if EC university) / baccalaureat (high school)

  21. Legal Education French legal education: avocat • Law schools • University oversight / uniform curriculum • first cycle – “general studies” diploma (two years) • second cycle – “license” degree (three years) • Maitrise master’s degree (1 year) • Large formal lectures – • no preparation, no attendance • small group sessions w/ attendance, reading, homework • High attrition

  22. Legal Education French legal education: avocat • Admission to practice • Professional education program (free, one year / confidentiality stipulation / internship with avocat, other) • Bar examination (written and oral) – CAPA (after maitrise) • Avocat (probationary period two years / assigned cases, no compensation / collaborator in office of avocat) • After protionary period, can practice independently (but not as in-house counsel) • Alternative: Entrance exam to Institute of Judicial Studies

  23. Legal Education French legal education: avocat • Professional practice • Lawyers may practice in LLCs (restrictions on liability) • National council of the bar (officail association) • Disputes between associates – mandatory arbitration before local bar

  24. Civil law education University studies specified curriculum / 4-5 years LL.M. (magister legis) for transactional lawyers Practical training, apprentice State bar exam Advocate: officer of court Judge: special exam(s) Note: notaries generally subject to own rules of admission US legal education University studies ABA accredits law school (curriculum / program) 3 years (post graduate) State bar examination ABA-approved degree (or reading for bar) No practical training Post-degree education CLE requirements Area-specific LLMs Legal Education

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