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Legal Education History – law schools / training Roman period Reception (growth of notaries) Pre-Code period French codification French legal education.

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Presentation on theme: "Legal Education History – law schools / training Roman period Reception (growth of notaries) Pre-Code period French codification French legal education."— Presentation transcript:

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 AgeDateEvent 193/95Baccalaureate (Social/Econ) DEUG – Nanterre, Paris X License – Nanterrre, Paris X Maitrise (Corp/Tax) – Nanterre, Paris X Masters – Business School, Lille

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 Justinians Digest (1088) Law teaching in Bologna Commentators emulate jurists: consulta Curriculum (in Latin) Follow Justinians 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)

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12 Legal Education Rolandino ( ) 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

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

14 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

15 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

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

17 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)

18 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 deenterprises (in-house counsel) cannot litigate Note: How many lawyers (as of 1996)? France: 40,000 avocats (population of 58.4 million) US: 700,000 lawyers (population of 262 million)

19 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 doesnt mean lawyer Some data: ABA Journal (1992)ABA Journal (1992) Consider what lawyers do? Lawyers monetary costs uncertain, relatively insignificant Lawyers produce nonmarket social goods (human rights, democracy)

20 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

21 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)EC Directive Maltrise from French university (OK if EC university) / baccalaureat (high school)

22 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 masters degree (1 year) Large formal lectures – no preparation, no attendance small group sessions w/ attendance, reading, homework High attrition

23 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

24 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

25 Legal Education 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


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