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INDIVIDUAL ASSIGNMENT COMPARATIVE LAW
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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 do 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.
2. 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.
3. 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 2
different legal system and developed in others different directions. So, legal
thinking of US and UK has some differences below:
1. 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 2 to 3 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.
2. Devided legal profession:
In the UK, particing lawyers are traditionally devided into 2 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 2 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 do 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.
3. 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
1. Hanoi Law University, Curriculum of Comparative Law, 2017;
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