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Admission to practice law

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Lawyer
A lawyer at the tribunal, 19th c.
Occupation
NamesAttorney at law
Occupation type
profession
Activity sectors
court
finance
Description
Education required
see professional requirements
Fields of
employment
Law
Related jobs
Judge

An admission to practice law, also called admission to the bar, is acquired when a lawyer receives a license to practice law. Becoming a lawyer is a widely varied process around the world. Common to all jurisdictions are requirements of age and competence; some jurisdictions also require citizenship.[citation needed] 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. Basic requirements vary from country to country:

Asia and Pacific Islands

Australia

In Australia, prospective lawyers must complete a tertiary level law degree, complete a one year Articled Clerkship, together with a post graduate diploma in legal practice.

China

In the People's Republic of China, one must first obtain an undergraduate law degree (a B.A., which is a four-year course of study), pass the National Judicial Examination, and complete a one year apprenticeship.[2]

Fiji

Fiji requires a Bachelor of Law degree (four years of study), although that requirement may be waived upon completion of another bachelor's degree and/or sufficient legal experience.[3]

Hong Kong

Hong Kong makes a distinction between barristers and solicitors. Admission to both professions requires a law degree (either the LL.B., which requires four years of study, or the Juris Doctor, which lasts two years) and the Postgraduate Certificate in Laws (which requires nine months). However, the apprenticeship to become a barrister is only one year, while a solicitor must apprentice for two years.[4]

India

India requires membership in one of its state bar councils, all of which require an undergraduate law degree (LL.B., which is a minimum of three years of study).[5]

However with effect from December 2010 all fresh law graduates or those who have already cleared their law graduation but have not yet enrolled with the bar council must clear a bar examination to be entitled to practice before courts or tribunals in India [6]

Israel

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 bar Examination.[6]

Japan

Japan requires an undergraduate degree in any field (which requires four years of study), a Juris Doctor (which lasts three years), the passing of the state bar exam, and a two year apprenticeship which incorporates additional coursework.[7]

Jordan

Jordan has a developed and restricted rules for admission to practice law, It requires and Academic and practical exams for enrollment in the Bar Association. The probationer must hold a Bachelor degree or equivalent and to have a clear history in the police’s records.

The Bar Association requires a minimum two years of training under supervision. The Bar grants the probationer special permission to appear in front some of the courts.

After two years of the practical training, the probationer submits a written request to be enrolled in the written exams that the Bar held 4 times year. If he mastered the exam within (15/25) then the probationer will be eligible to admit to the verbal exams by the legal committee elected from judges, Professors and senior lawyers. If he/she passed the verbal exam, then it comes to essay stage. Each probationer must write in legal subject and discussed before a committee from senior lawyers which if he/she passed it will lead the probationer to swear the oath before the Minister of Justice. Usually the process takes not less that two and a half and above to accomplish the Bar Association’s requirement to practice law.

Korea (ROK)

Korean attorneys must complete an undergraduate degree in any subject, obtain a master 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

Malaysia requires attorneys to be members of one of the two regional bar associations, which requires the completion of a Bachelor of Laws degree (an 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

New Zealand requires an undergraduate law degree (LL.B., which lasts four years), and completion of the Professional Legal Studies Course (which lasts five months).[11]

Pakistan

Pakistan does not require any specific qualification to render legal advice. Any person who is learned in the law can act as legal advisors, it is fairly common for professionals such as accountants or bankers to give advise on the law relating to their field. Almost all persons practicing as lawyers however do have a law degree.

To enjoy rights of audience in the Courts, however, (to be an "Advocate"), a prospective lawyer must obtain a Qualifying Law Degree which is approved by the Pakistan Bar Council. After that, he or she must undertake a 6 month period of training under a senior lawyer (called Pupillage or Apprenticeship or Internship) at the conclusion of which, the Bar Council may grant him or her rights of audience in the lower courts, meaning all courts except the High Court and Supreme Court. He she will earn rights of audience in the Superior Courts after a further two (High Court) and 10 (Supreme Court) respectively.

Singapore

Singapore requires an undergraduate law degree (LL.B., which requires four years, or 3 years for a second entry LL.B.), completion of the Postgraduate Practical Law Course (which lasts 5 months), and the completion of a six month apprenticeship.[12]

Sri Lanka

Sri Lanka requires an attorney to be admitted and enrolled as an Attorney-at-Law of the Supreme Court of Sri Lanka.[citation needed] One must pass the required law exams at the Sri Lanka Law College, and then spend one year in apprenticeship to a practicing attorney.[citation needed] To sit for the exams, students must graduate from the Sri Lanka Law College, or be qualified by gaining a LL.B. from a local or foreign university.[citation needed]

Europe

See also: European lawyer

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. Thus, it is not difficult for a law degree in one jurisdiction to be used as a qualifying degree in another jurisdiction within the European Union.

Belgium

In Belgium, a prospective lawyer ("advocaat" in Dutch, "avocat"/"avocate" in French) must complete a Bachelor in Law (which requires three years of study), a Master in Law (which requires two years of study), a three year apprenticeship, the CAPA course of study, and must pass the final bar exam.[13]

Czech Republic

A person must meet the following conditions in order to be admitted to practice law in the Czech republic[14]:

  • full capacity
  • Master degree in law acquired at a Czech law school or analogous education acquired at a foreign university, if such an education is officially acknowledged as equivalent by an international treaty, by which the Czech republic is bound, or if a particular enactment acknowledges such a foreign education, or if it is acknowledged due to its content and extent from the point of view of knowledge and skill as sufficient for practicing law by the Advocacy Enactment
  • at least three years of legal apprenticeship
  • personal integrity (absence of conviction for deliberate crime)
  • absence of disciplinary punishment of prohibition of law practice (if a person was already a law practitioner)
  • absence of being stricken from the list of law practitioners because of personal bankruptcy
  • absence of labour engagement or officiary engagement, except of engagement:
    • to the Bar Association or to similar organisation in other EU state
    • to a law practitioner or to a legal personality established in order to provide legal services
    • to a University as a lecturer
    • as a scientific worker of Academy of Sciences of the Czech Republic
  • passing the bar exam
  • taking the pledge

Denmark

In Denmark, to use the title of advokat one must complete an 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 an exam which has a moot court element.[15]

France

To become a French lawyer an "avocat"(male)or "avocate"(female), one must obtain an undergraduate degree (licence, three years), a first year of Masters of Laws (diplôme de maîtrise en droit) so a total of 4 years of study in a Law University, complete the exam to enter one of the CRFPA (Centre Régional de Formation à la Profession d'Avocat) 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. However, 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

In Germany, a lawyer (Rechtsanwalt) must be a member of a local bar association. The requirements for membership 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 Juristisches Staatsexamen (Second State Exam).[18]

Greece

Greece requires that a lawyer (δικηγόρος) be a member of a local bar association. Requirements include an undergraduate law degree, which lasts at least four years, an eighteen month apprenticeship, and the passing of the bar.

Ireland

Following the English tradition, Ireland has both barristers and solicitors. To become a solicitor, one must complete an undergraduate degree or pass the Preliminary Examination. One must then pass the Final Examination, complete a two year apprenticeship, and finish the concurrent Professional Practice Courses. To become a barrister, one must complete an undergraduate law degree (BCL, which lasts three years or LL.B. which last four years) or the Kings Inns Diploma in Legal Studies which lasts two years, obtain the Degree of Barrister-at-Law from the Honorable Society of King's Inns, and finish a one year pupillage (known as devilling).[19]

Italy

Italy mandates membership in 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 two years program which confers the title of Dottore Magistrale in Giurisprudenza), or simply the one-cicle five years master degree (Laurea a ciclo unico Magistrale in Giurisprudenza)), a two year apprenticeship, and passing of the professional exam.[20]

Moldova

Moldova requires an undergraduate law degree and passage of the state examination.[21]

Netherlands

In the Netherlands, to be a licensed lawyer (Advocaat), one must complete an undergraduate law degree (Bacheloropleiding or LL.B, which is three years of study), the master of 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, a lawyer (adwokat or radca prawny) must complete a magister's degree in law (which lasts five years) and be admitted to a bar association (The Polish Bar Council or National Chamber of Legal Advisors). There are several ways to gain admission to the bar, including: three years of training followed by the bar exam; five years of legal professional experience followed by the bar exam; a Ph.D. in law followed by either the bar exam or 3 years of legal professional experience; or possession of high academic qualifications in legal sciences (e.g., habilitated doctor or professor). Once admitted to the bar association of one occupation, a lawyer can move to another occupation with little hassle.[23][24]

Russia

It is not necessary to have a license to practice law in Russia as a legal consultant, but only the members of the Russian bar associations (advocates) are permitted to appear in court on criminal matters. 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 top graduates are exempt from portions of the exam).[25]

Spain

In Spain, a lawyer uses the title of Licenciado/Abogado(male) or Licenciada/Abogada(female), and must be a member of a local bar association, such as the bar association of Madrid. Membership requirements for all bar associations are the same. The only requirement is a graduate law degree, the Titulo de Licenciado en Derecho, which requires five years of study.[26]

Sweden

In Sweden, membership in the bar association is required to use the title of advokat or lawyer, but not to practice law. Membership in the bar association requires an LL.M. degree (jur. kandidatexamen, which lasts four and a half 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 (BLaw, which lasts 3 years), a Master of Law (MLaw, which lasts three terms), a one year to two years apprenticeship (depending on the Canton), and pass the bar examination.[28]

United Kingdom

The United Kingdom comprises three distinct legal jurisdictions:

As such, admission to practice law requires different qualifications in each country of the UK.

England and Wales

In England and Wales, one does not have to be admitted to the bar to practice law, but qualifications are required to become a solicitor or barrister, who have special rights of audience in Court. For both the solicitor and barrister professions, one must either obtain an undergraduate law degree (LL.B., which typically lasts three years), or complete the Common Professional Examination/Graduate Diploma in Law (which lasts one year after completing an undergraduate degree). Potential solicitors are then required to complete the Legal Practice Course which lasts one year, then a two year apprenticeship under a training contract, during which the trainee solicitor has to complete a Professional Skills Course.[29] Potential barristers must usually complete the one year Bar Vocational Course, followed by a year of vocational training known as a pupillage.

Scotland

Scotland requires an undergraduate law degree (LL.B., which lasts four years if taken as a first degree (with honours) three if taken as an Ordinary Degree and two years if taken as a graduate entry degree), a Diploma in Legal Practice (one year), and completion of a two year apprenticeship together with the Professional Competence Course (which lasts seven days).[30]

The Americas

In U.S. English, admission to the bar is also commonly known as obtaining one's "law license" ("licence" in Canadian English).

North America

Canada

Canadian applicants to the bar must obtain admission to one of the local Law Societies in the various jurisdictions of Canada. As an example, the Law Society of British Columbia requires that a student complete an undergraduate degree in any discipline (B.A. of four years), an undergraduate law degree (LL.B. and/or B.C.L., three to four years) or Juris Doctor (three years), a nine month apprenticeship referred to as "articling," a Professional Legal Training Course (ten weeks), and the bar exam for that jurisdiction.[31]

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.[32]

United States of America

Main article: Admission to the bar in the United States

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 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 jurisdictions, and there are exceptions to each of the general requirements in some.[33] In a handful of U.S. states, one may become an attorney (a so-called country lawyer) by simply "reading law" and passing the bar examination, without having to attend law school first (although very few people actually become lawyers that way).[34]

South America

Argentina

In Argentina, prospective lawyers must complete an undergraduate law degree (Abogado, which lasts five to six years depending on the University), and then become a member of one of the jurisdictional associations.[35]

Brazil

Brazil requires an undergraduate law degree (Diploma, which lasts five years) and the passing of the bar examination.[36]

Chile

Chile requires a law degree (Licenciado en Ciencias Jurídicas, five years) and a six month apprenticeship.[37]

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), the latter requiring one year of apprenticeship and passing of the bar exam.[38]

See also

References

  1. ^ 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) similar to other Commonwealth Realms.
    — 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).
  2. ^ Admission to practice in China. Melbourne Law School. Accessed February 18, 2009.
  3. ^ Admission. Fiji Law Society. Accessed February 18, 2009.
  4. ^ Admission to practice in Hong Kong. Melbourne Law School. Accessed February 18, 2009. Hong Kong Solicitors. The Law Society of Hong Kong. Accessed February 18, 2009.
  5. ^ The Bar Association of India. Martindale.com. Accessed February 18, 2009. V. Ramakrishnan. Guide to Indian Laws. LLRX.com. Accessed February 18, 2009.
  6. ^ Ruth Levush. Israeli Law Guide. LLRX.com. Accessed February 18, 2009.
  7. ^ 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.
  8. ^ 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.
  9. ^ Karim Shakirov. A Legal Research Guide to Kazakhstan. LLRX.com. Accessed February 18, 2009.
  10. ^ Legal Profession Act, 1976. The Malaysian Bar. Accessed February 18, 2009.
  11. ^ Admission. New Zealand Law Society. Accessed February 18, 2009.
  12. ^ 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.
  13. ^ Belgium Bar Association. Martindale.com. Accessed February 18, 2009.
  14. ^ "Výkon činnosti advokáta - podmínky pro získání povolení". businessinfo.cz. Retrieved 2010-08-27.Template:En icon
  15. ^ 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.
  16. ^ Les voies d'acces a la profession (in French). Ordredes Avocats de Paris. Accessed February 18, 2009.
  17. ^ Jäseneksi hakeminen (in Finnish). Suomen Asianajajaliitto (Finnish Bar Association). Accessed February 18, 2009.
  18. ^ Zulassung (in German). Rechtsanwaltskammer Berlin (Bar Association of Berlin). Accessed February 18, 2009.
  19. ^ Education. Law Society of Ireland. Accessed February 18, 2009. Prospective Students. The Honorable Society of King’s Inn. Accessed February 18, 2009.
  20. ^ Normativa Professionale, R.D.L. 27 novembre 1933, n. 1578 (in Italian). Ordine degli Avvocati di Roma. Accessed February 18, 2009.
  21. ^ Mariana Harjevschi. An Overview of the Legal System of the Republic of Moldova. LLRX.com. Accessed February 18, 2009.
  22. ^ Act on Advocates. Nederlandse Orde van Advocaten. Accessed February 18, 2009.
  23. ^ National Chamber of Legal Advisors
  24. ^ The Polish Bar Council
  25. ^ Julia Pogodina and Ruslan Sadovnikov. Legal Education and Legal Careers in Russia. Northwestern University School of Law, Career Center. Accessed January 7, 2009.
  26. ^ 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.
  27. ^ Att Bli advokat (in Swedish). Sveriges Advokatsumfund. Accessed February 18, 2009.
  28. ^ Education/Supervision. Zurich Bar Association. Accessed February 18, 2009.
  29. ^ 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.
  30. ^ Law Society of Scotland. Martindale.com. Accessed February 18, 2009. Law Society of Scotland. Law Society of Scotland. Accessed February 18, 2009.
  31. ^ 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.
  32. ^ Bohheimer, et al. Unauthorized practice of law by U.S. lawyers in U.S.-Mexico practice. Georgetown Journal of Legal Ethics. 2002.
  33. ^ Comprehensive Guide to Bar Admission Requirements. National Conference of Bar Examiners. 2008. Accessed February 18, 2009.
  34. ^ G. Jeffrey MacDonald, "The self-made lawyer: Not every attorney goes to law school," The Christian Science Monitor, 3 June 2003, 13.
  35. ^ [5] (in Spanish). Colegio Publico de Abogados de la Capital Federal. Accessed March 19, 2010.
  36. ^ Edilenice Passos. Doing Legal Research in Brazil. LLRX.com. Accessed February 18, 2009.
  37. ^ Quienes son Abogados (in Spanish). Colegio de Abogados de Chile. Accessed February 18, 2009.
  38. ^ 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.
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