The UK and US legal profession share the same historical roots and are therefore faifly similar to one another, but there are some key differences between the legal profession. So, i choose topic 21 to do my semester execrise: “ Legal profession in the UK and the US: A comparative perspective.”
A INTRODUCTION The UK and US legal profession share the same historical roots and are therefore faifly similar to one another, but there are some key differences between the legal profession So, i choose topic 21 to my semester execrise: “ Legal profession in the UK and the US: A comparative perspective.” B BODY I The similarities between legal profession in the UK and the US: 1.General requirements: In the US and the UK, a person wants to be recognized as a lawyer, that required to have a Bachelor’s degree of Law This is basic conditions of legal profession, in oder to warrant legal knowlege to work Role of lawyers in procedure: The US and the UK are both have legal system in Common Law and specific is attach much importance to dispute resolution procedure So, in both countries, lawyers have an importance role in accuse or defend The judges are just hear the lawyers institute proceedings against and base on lawyer’s argument to make a verdict The position of legal profession in society: In both countries, legal profession is a prestigious job and has high income in society Citizens can sue any problems if they need involvement of law Eventhought, no one sue another, have a lot of transaction in society need to be adopted by lawyers So, in both coutries, legal profession is develop and actract many people II The differences between legal profession in the US and the UK: Although, there are sources from the UK’s legal system, but after 1776, when US declared independence, the legal system of US and UK became different legal system and developed in others different directions So, legal thinking of US and UK has some differences below: Practical requirements: In the UK, An acedemic law degree ( Bachelor of Law) has traditionally not been a fomal requirement to enter the legal profession An aspiring barristers learned the trade by means of working as a pupil for an experienced barristers, while aspiring solicitors served their articles with a solicitors The university law degree does not replace the requirement that the prospective lawyer take certain special courses, successfully pass the special baristers or solicitors examination, and during a set period of time practice as a pupil In brief, after having a Bachelor’s of Law, it takes to years for the graduates to practice legal profession In the US, the selection of input for legal profession is very strict The students of law school must have graduated from an other university In order to practice legal profession, who wants to practice oblige have work permit After have a Bachelor of Law, the graduates have to pass examination held by a bar association in a certain state and assessed to be licensed In the US, graduates only have to pass an exam to have work permit Devided legal profession: In the UK, particing lawyers are traditionally devided into categories, namely barristers and solicitors A solicitor traditionally works with the same tasks as a lawyer does in most countries, except for conducting the trial itself He assists his clients with legal advice, helps them draft contracts and wills, manages estates, negotiates on behalf of his clients, ect Until recently solicitors have had a monopoly on providing assistance with the transfer of real property, but on the other hand they didn’t have the authority to represent their clients before the higher courts (High Courst, Crown Court and higher), where the clients were required to make use of the service of a bewigged barrister wearing a robe A solicitor often works as: legal consulting, validate the wills, heritage management, A barrister appear before the courts A clients doesn’t directly contact to barrister, but rather retains a solicitor, who in turn retains, a barrister Traditionally it has been regarded as unethical for a barrister to consult with the client outside of the presence of the client’s solicitor, which means that the client must retain ( and pay) at least lawyers Barristers can be distinguished from a solicitor because they wear a wig and gown in court They work at higher levels of court than solicitors and their main role is to act as advocates in legal hearings, which means they stand in court and plead the case on behalf of their clients in front of a judge They also have specialist knowledge of the law and so are often called on to give legal advice Barristers not come into contact with the public as much as solicitors They are given details of a case by a solicitor and then have a certain amount of time to review the evidence and to prepare what they are going to say in court (a pleading) Most barristers are self-employed and work in Chambers with other barristers so they can share costs of accommodation and administrators They can also be employed in-house as advisors by banks, corporations, and solicitors firms In the US admission to the practice of law and the governance of the legal profession are matters of state concern One can speak accurately, for example, of “the Virginia bar” or “the Texas bar” or “the Illinois bar”, meaning the lawyers in each of those states who have licensed by those states There is no barristers or solicitors distiniction; a practicing lawyer is called an “attorney at law” Anyone admitted to the bar in a state is legally authorized to engage in any kind of legal practice in that state As a practical matter, there is an increasing degree of specialization among lawyers Typical areas of specialization are litigation, taxation, labor law, patent law, family law, trusts and estates, and various branches of administrative law A lawyer admitted to one state’s bar can practice in another state only if he gets admitted in that state or that state recognizes the original state’s admission This kind of reciprocity is accorded in some states but not in all Management system In the UK, because of the division between barristers and solicitors, so the management system devided into General Council of the Bar ( for barristers) and the Law Society ( for the solicitors) In the US, the attorneys can participate in American Bar Association (ABA) C CONCLUSION Legal profession is very developing in almost countries in the world, specially coutries attach much importain to dispute resolution procedure as United State and United Kingdom I hope my this essay will helps you to understand more in comparative with the legal profession in the US and the UK My essay has still many wrong, I hope you will edit and comment Thank you! REFERENCES Hanoi Law University, Curriculum of Comparative Law, 2017; https://studfiles.net/preview/5129983/page:28/ https://www.brightknowledge.org/law/what-is-the-difference-between-a- barrister-and-solicitor https://idoc.vn/threads/132636/ ... specialization among lawyers Typical areas of specialization are litigation, taxation, labor law, patent law, family law, trusts and estates, and various branches of administrative law A lawyer admitted... bar”, meaning the lawyers in each of those states who have licensed by those states There is no barristers or solicitors distiniction; a practicing lawyer is called an “attorney at law? ?? Anyone admitted... more in comparative with the legal profession in the US and the UK My essay has still many wrong, I hope you will edit and comment Thank you! REFERENCES Hanoi Law University, Curriculum of Comparative