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Admission to practice law

 
Law Encyclopedia: Admission To the Bar
 
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This entry contains information applicable to United States law only.

The procedure that governs the authorization of attorneys to practice law before the state and federal courts.

Statutes, rules, and regulations governing admission to practice law have been enacted to protect the public interest, in terms of preventing the victimization of clients by incompetent practitioners. The courts have inherent power to promulgate reasonable rules and regulations for admission to the bar. Although this authority is vested exclusively in the courts, the legislature can, subject to constitutional limitations, issue reasonable rules and regulations governing bar admission provided they do not conflict with judicial pronouncements.

The highest state court administers the admission of applicants to the state bar, usually requiring successful completion of a bar examination and evidence of good moral character. With respect to admission to the federal bar, federal district courts are empowered to issue requirements for admission separately from those of the state courts. If, however, a federal district court, pursuant to a rule, derivatively admits to its bar those admitted to the state bar, it cannot arbitrarily deny admission to an applicant who is a member in good standing of the state bar. In most instances, the federal district courts have considerable latitude in establishing requirements for admission to practice before them, but their rules must not contravene federal law.

In terms of the federal bar, an attorney is also eligible for admission to the bar of a court of appeals, if he or she has been admitted to practice before the Supreme Court, or the highest court of a state, or another federal court, and if the lawyer is of good moral and professional character. The attorney must comply with the procedural requirements and take and subscribe to the following oath: "I, [name], do solemnly swear (or affirm) that I will demean myself as an attorney and counselor of this court, uprightly and according to law; and that I will support the Constitution of the United States."

In order to gain admission to the bar of the Supreme Court, an attorney must have practiced for three years in the highest court of a state, territory, district, commonwealth, or possession. The person must be of good character in terms of both his or her private and professional lives, and complete the specified procedures, including taking or subscribing the following oath: "I, [name], do solemnly swear (or affirm) that as an attorney and as a counsellor of this court I will conduct myself uprightly, and according to law, and that I will support the Constitution of the United States."

In some instances, a particular board is empowered to promulgate rules pertaining to applicants seeking to practice before it as attorneys. For example, the Securities and Exchange Commission has implied authority under its general statutory power to determine qualifications for attorneys practicing before it. Under federal law, the Commissioner of Patents and Trademarks, subject to the approval of the secretary of commerce, can promulgate regulations governing the recognition and conduct of attorneys appearing before the Patent and Trademark Office.

Qualifications for admission to the bar must be rationally related to the applicant's fitness to practice law; therefore, a state cannot prevent a person from practicing law for racial, political, or religious reasons. Good moral character is a prerequisite to the right to admission to practice law and, at a minimum, consists of honesty. Lack of good moral character is demonstrated by an immutable dishonest and corrupt nature and not in radical political beliefs or membership in lawful but controversial political parties.

In regard to the effect of criminal conduct upon the evaluation of an applicant's character, a conviction for the commission of a felony is not, per se, sufficient to demonstrate a lack of good moral character. It will be incumbent upon the applicant, however, to prove complete rehabilitation. Although a conditional pardon is insufficient to remove objections to bar admission, a felony conviction will not prevent an applicant from practicing law if he or she has received a full pardon and is otherwise qualified.

Misdemeanor convictions do not necessarily result in a finding of lack of good moral character, but mere conduct that does not culminate in a conviction might present an insurmountable obstacle to admission if it indicates a lack of moral fitness. In some cases, an applicant has been rejected for want of good moral character because he or she has made false statements or concealed material facts in the application for admission or in other legal documents. In other cases, the withholding or falsification on the application of minor matters has been viewed as of no effect on an evaluation of character; the same principle applies to unintentional concealment of information.

Admission to the bar cannot be denied because the applicant is not a United States citizen, but the states can impose reasonable residency requirements upon all applicants prior to, or during, the time a license is sought. This requirement enables the state examining authority to investigate the character of the applicant, but it must be rationally related to the attainment of this objective. While a majority of states have some form of residency requirement for admission to the bar, the emerging trend is to nullify durational residency requirements, which mandate that an attorney live in a state for a prescribed period as a prerequisite to certification to practice law.

Applicants for admission to practice law must take a bar examination, unless they are exempted from this requirement by statute or court rule. Attorneys from other states can be admitted to practice in the state without examination upon providing the required proof of practice in another state that has reciprocity provisions, pursuant to which an attorney licensed in one state can be admitted to the bar of another state, if the first state grants reciprocal rights to attorneys admitted to practice in the other state. Under the device of pro hac vice, an attorney can be admitted to practice in a jurisdiction without having to take the bar examination, but only on a limited basis and only for a particular case. Such an attorney must be a member of a bar in good standing of other states or countries.

In order to practice law, an attorney must obtain a certificate or license, which is a privilege rather than a property right. Attorneys must also comply with the court rules or statutes governing the registration system, which is used to maintain a current list of all attorneys authorized to practice law in the state. Generally, admission by court order constitutes sufficient registration, but in some states, attorneys sign the roll or file a certificate with the clerk of the court to establish that they have been duly admitted to practice.

An applicant for admission to the bar is entitled to notice of, and a hearing on, the grounds for rejection either before the committee on character and fitness or the court. The courts can review the decision of bar examiners denying an applicant admission to the bar and ascertain whether the examiners acted after a fair investigation and hearing, exercised their discretion impartially and reasonably, and conducted their proceedings in compliance with the requirements of procedural due process.

See: Attorney; Bar Association; Bar Examination; Courts; Federal Courts.

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Wikipedia: Admission to practice law
 
Home > Library > Miscellaneous > Wikipedia
Lawyer

A lawyer at the tribunal, 19th c.
Occupation
Type profession
Activity sectors court
finance
Description
Education required see professional requirements
Average salary see earnings and compensation

Admission to practice law, or being licensed to practice law, as a lawyer is a widely varied process across the world. Common to all the jurisdictions are requirements of age, competence, honesty and sometimes citizenship. 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.

Contents

Asia and Pacific Islands

China

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

Fiji

All that is required for the practice of law in Fiji is a Bachelor of Law degree (which lasts four years), although that requirement may also be waived upon petition with another degree and/or sufficient legal experience.[3]

Hong Kong

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

India

Admission to practice in India requires membership in state bar association, all of which require an undergraduate law degree (LL.B. which lasts three years)[5]

Israel

A license to practice law in 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 Examination.[6]

Japan

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

Korea

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

For a license to practice law in Malaysia, one must be a member of one of the two regional bar associations, which membership requires the completion of a Bachelor of Laws degree (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

To become a lawyer in New Zealand, an applicant must complete an undergraduate law degree (LL.B., which lasts four years), and complete the Professional Legal Studies Course (which lasts five months).[11]

Singapore

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

Sri Lanka

To practice law in Sri Lanka one must be admitted and enrolled as an Attorney-at-Law of the Supreme Court of Sri Lanka.[citation needed] This archived by completing law exams at the Sri Lanka Law College and spending a period of one year of apprenticeship under a practicing attorney.[citation needed] To undertake law exams students must gain admission to the Sri Lanka Law College and study law or directly under take exams after gaining a LLB 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, therefore it is not difficult for a law degree in one jurisdiction can be used as a qualifying degree in another jurisdiction within the European Union.

Belgium

In Belgium, in order to practice law as a lawyer ("advocaat" in Dutch, "avocat" in French, "Rechtsanwalt" in German), one must complete a Bachelor in Law (which requires three years of study), a Master in Law (which requires two years of study), complete a three year apprenticeship, complete the CAPA courses and pass the final exam.[13]

Denmark

In Denmark in order to use the title of advokat, one must complete a 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 exam which has a moot court element.[14]

France

To become a French lawyer(avocat), one must obtain an undergraduate degree (licence, three years), a Masters of Laws (diplôme de maîtrise en droit, two years), complete the exam to enter l'Ecole de Formation du Barreau which provides a course of eighteen months and results in the award of the requisite Certificat d'aptitude à la profession d'avocat (CAPA).[15]

Finland

Anyone can practice law in Finland, not just lawyers, but 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.[16]

Germany

To be authorized to practice law in Germany as a lawyer (Rechtsanwalt), one must be a member of a local bar association. The requirements for membership in a local bar association 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).[17]

Greece

To be authorized to practice law in Greece as a lawyer (δικηγόρος), one must be a member of a local bar association. The requirements for membership in a local bar association include an undergraduate law degree, which lasts at least four years, an eighteen months apprenticeship, and the passing of the bar.

Ireland

Following the English tradition, Ireland also has both barristers and solicitors. To become a solicitor, one must complete an undergraduate degree or pass the Preliminary Examination. Then one must pass the Final Examination and complete two years of an apprenticeship and complete the concurrent Professional Practice Courses. To become a barrister, one must complete an undergraduate law degree (BCL which lasts three years) and obtain the Degree of Barrister-at-Law from the Honorable Society of King's Inns and finish a one year pupilage (knon as Devilling).[18]

Italy

A potential lawyer (avvocato) in Italy must be a member of 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), completion a two year apprenticeship, and pass the professional exam.[19]

Moldova

To become a lawyer in Moldova, one must obtain an undergraduate law degree and pass the state examination.[20]

Netherlands

In the Netherlands in order to become licensed to practice as an Advocaat one must complete the undergraduate law degree (Bacheloropleiding or ll.B, which is three years), the masters 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.[21]

Poland

In Poland, in order to become a licensed lawyer (adwokat or radca prawny), one must complete 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 of admission to the bar, including: three year bar training followed by bar exam; five years of legal professional experience followed by bar exam; Ph.D. in Law followed by either bar exam or 3 years of legal professional experience; possession of high academic qualification in legal sciences (habilitated doctor, professor). Once admitted to the bar association of one occupation, a lawyer can move to another occupation with little hassle.[22][23]

Russia

It is not necessary to have a license to practice law in Russia as a legal consultant, but only advocates are permitted to appear in court (with the exception of those appointed to represent an individual person). 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 the top graduates are exempt from portions of the exam).[24]

Spain

In Spain, a lawyer uses the title of Licenciado (or Lic.) or Abogado, and must be a member of a local bar association, such as the bar association of Madrid, whose requirements for membership are the same for all bar associations. The only requirement is the undergraduate law degree Titulo de Licenciado en Derecho, which requires five years of study.[25]

Sweden

In Sweden membership in the bar association required to use 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.[26]

Switzerland

In Switzerland, lawyers must complete a Bachelor of Law (B Law, which lasts three years), a one year apprenticeship, and pass the examination.[27]

United Kingdom

For the purposes of private international law the United Kingdom is divided into three distinct legal jurisdictions:

  • English law in England and Wales
  • Northern Ireland law in Northern Ireland
  • Scots law in Scotland

As such, admission to practise law is given under different circumstances in each.

England and Wales

In England and Wales it is not required to be formally admitted to practise law, but admission is required to use the title of solicitor or barrister. For both the solicitor and barrister professions, one must obtain an undergraduate law degree (LL.B. which lasts three years), or complete the Common Professional Examination / Graduate Diploma in Law (which lasts one year). Potential solicitors are then required to complete two years of apprenticeship with the simultaneous Legal Practice Course and Professional Skills Course, while potential barristers must usually complete the one year Bar Vocational Course followed by a year of vocational training known as a pupillage.[28]

Scotland

To become a lawyer in Scotland, one must complete an undergraduate law degree (LL.B., which lasts four years if taken as a first degree and two years if taken as a graduate entry degree), obtain a Diploma in Legal Practice (one year), and complete a two year apprenticeship with the Professional Competence Course (which lasts only seven days).[29]

North America

In North American English, admission is also commonly[1] called a law license.

Canada

Canadian applicants to the bar must obtain admission to one of the local Law Societies in the various jurisdictions of Canada. For example, the Law Society of British Columbia requires that a student complete any 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, a Professional Legal Training Course (ten weeks), and the bar exam for that jurisdiction.[30]

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.[31]

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 admission 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 the jurisdictions, as there are exceptions to each of the general requirements in some of them.[32] In a handful of U.S. states, one may become an attorney (so-called a 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).[33]

South America

South American countries with a strong historical connection to Spain tend to follow the same academic and professional traditions and requirements as Spain.

Argentina

In Argentina those who seek to become lawyers must complete an undergraduate law degree (Bachilleres Universitarios en Derecho, which lasts four years), and a professional certificate (Certificado de Orientación Profesional, a one year program).[34]

Brazil

The license to practice law in Brazil requires an undergraduate law degree (Diploma, which lasts five years) and the passing of the bar examination.[35]

Chile

To practice law in Chile, initiates must first complete the law degree (Licenciado en Ciencias Jurídicas, five years) and a six month apprenticeship.[36]

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), which diploma requires one year of apprenticeship and an exam.[37]

See also

References

  1. ^ a b 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).
    — 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 practise in China. Melbourne Law School. Accessed February 18, 2009.
  3. ^ Admission. Fiji Law Society. Accessed February 18, 2009.
  4. ^ Admission to practise 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. ^ 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.
  15. ^ Les voies d'acces a la profession (in French). Ordredes Avocats de Paris. Accessed February 18, 2009.
  16. ^ Jäseneksi hakeminen (in Finnish). Suomen Asianajajaliitto (Finnish Bar Association). Accessed February 18, 2009.
  17. ^ Zulassung (in German). Rechtsanwaltskammer Berlin (Bar Association of Berlin). Accessed February 18, 2009.
  18. ^ Education. Law Society of Ireland. Accessed February 18, 2009. Prospective Students. The Honorable Society of King’s Inn. Accessed February 18, 2009.
  19. ^ Normativa Professionale, R.D.L. 27 novembre 1933, n. 1578 (in Italian). Ordine degli Avvocati di Roma. Accessed February 18, 2009.
  20. ^ Mariana Harjevschi. An Overview of the Legal System of the Republic of Moldova. LLRX.com. Accessed February 18, 2009.
  21. ^ Act on Advocates. Nederlandse Orde van Advocaten. Accessed February 18, 2009.
  22. ^ National Chamber of Legal Advisors
  23. ^ The Polish Bar Council
  24. ^ Julia Pogodina and Ruslan Sadovnikov. Legal Education and Legal Careers in Russia. Northwestern University School of Law, Career Center. Accessed January 7, 2009.
  25. ^ 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.
  26. ^ Att Bli advokat (in Swedish). Sveriges Advokatsumfund. Accessed February 18, 2009.
  27. ^ Education/Supervision. Zurich Bar Association. Accessed February 18, 2009.
  28. ^ 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.
  29. ^ Law Society of Scotland. Martindale.com. Accessed February 18, 2009. Law Society of Scotland. Law Society of Scotland. Accessed February 18, 2009.
  30. ^ 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.
  31. ^ Bohheimer, et al. Unauthorized practice of law by U.S. lawyers in U.S.-Mexico practice. Georgetown Journal of Legal Ethics. 2002.
  32. ^ Comprehensive Guide to Bar Admission Requirements. National Conference of Bar Examiners. 2008. Accessed February 18, 2009.
  33. ^ G. Jeffrey MacDonald, "The self-made lawyer: Not every attorney goes to law school," The Christian Science Monitor, 3 June 2003, 13.
  34. ^ Plan de Estudio de la Carrera de Abogacía (in Spanish). Facultad de Derecho, Universidad de Buenos Aires. Accessed February 18, 2009.
  35. ^ Edilenice Passos. Doing Legal Research in Brazil. LLRX.com. Accessed February 18, 2009.
  36. ^ Quienes son Abogados (in Spanish). Colegio de Abogados de Chile. Accessed February 18, 2009.
  37. ^ 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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Law Encyclopedia. West's Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc. All rights reserved.  Read more
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