The Legal Profession

Author(s):  
John Baker

This chapter traces the history of the English legal profession, which begins around 1200. From the start there was a distinction between advocacy and attorneyship. The pleaders in the Court of Common Pleas became around 1300 the order of serjeants at law, from whom the superior judges were chosen. A law school for ‘apprentices of the Bench’ in the thirteenth century was remodelled in the next century as a collegiate system, the inns of court and chancery, with its own learning exercises and degrees (bencher and barrister). Barristers practised as advocates, but not in the Common Pleas. In Tudor times solicitors appeared, as general practitioners. Serjeants lost their primacy to the newer rank of king’s counsel, but survived into Victorian times. Accounts are given of the judiciary and its independence, of the Civilian practitioners in Doctors’ Commons, and of the transfer of legal education to the universities.

1978 ◽  
Vol 3 (03) ◽  
pp. 515-543 ◽  
Author(s):  
Donna Fossum

In the past 50 years, eligibility for admission to the bar has come to depend increasingly on the accreditation status of the law school attended. The author traces the history of the American Bar Association's law school accrediting standards and their impact on part-time and proprietary law schools, presents the results of a study of the ABA standard prohibiting the accreditation of proprietary law schools, and discusses ramifications for legal education and the legal profession.


1957 ◽  
Vol 15 (2) ◽  
pp. 151-162
Author(s):  
H. A. Hollond

These notes on thirty-six judges and chancellors, prompted by memory of my own requirements fifty years ago, were prepared for distribution on stencilled sheets to the students attending my lectures on legal history at the Inns of Court. My aim was to provide both indications of the principal achievements of each of the lawyers named, and also references to readily accessible sources of further knowledge.The editor of this journal has kindly suggested that it would be useful to its readers to have my notes available in print.It is not nearly as difficult as it used to be for beginners to find out about the great legal figures of the past. Sir William Holdsworth, Vinerian professor at Oxford from 1922 to 1944, placed all lawyers in his debt by his book, Some Makers of English Law, published in 1938. It was based on the Tagore lectures which he had given in Calcutta.Sir Percy Winfield, Rouse Ball professor at Cambridge from 1926 to 1943, gave detailed information as to the principal law books of the past and their editions in his manual The Chief Sources of English Legal History (1925) based on lectures given at the Harvard Law School. Twenty-four of my judges and chancellors have entries in his book as authors.By far the most numerous of my references are to Holdsworth's monumental History of English Law, in thirteen volumes, cited as H.E.L. The other works most referred to are The Dictionary of National Biography cited as D.N.B.; Fourteen English Judges (1926) by the first Earl of Birkenhead, L.C. 1919–1922; and The Victorian Chancellors (1908) by J. B. Atlay.


Author(s):  
John Baker

This chapter examines the history of case-law, legislation, and equity, with particular reference to legal change. The common law was evidenced by judicial precedent, but single decisions were not binding until the nineteenth century. It was also rooted in professional understanding, the ‘common learning’ acquired in the inns of court. It was based on ‘reason’, operating within a rigid procedural framework. Legal change could be effected by fictions, equity, and legislation, but (except during the Interregnum) there was little systematic reform before the nineteenth century. Legislation was external to the common law, but it had to be interpreted by common-law judges and so there was a symbiotic relationship between statute-law and case-law. Codification has sometimes been proposed, but with limited effect.


2017 ◽  
Vol 4 (2) ◽  
pp. 176-181
Author(s):  
Madhubrata Mohanty

The imparting of legal education has passed through a number of phases throughout its development, but it is still in need of more promotion regarding its various perspectives. People from different strata of the society still consider the legal profession as a last resort, sometimes due to lack of awareness and sometimes due to lack of proper education. The poor performance of the institutions imparting legal education can also be considered as an additional factor to this issue. At such a juncture, it is high time to establish such an institution that would work for the promotion of legal education as well as to train the budding lawyers of the country regarding the sanctity of legal profession so as to make this profession the most alluring one amongst the law graduates. Only establishment of a lawyers’ academy will not suffice; it should get the patronization of senior advocates, judges and academicians of high repute. ‘Law’ has always acquired a distinct position in the mythology and history of Indian culture, be in one form or other, and people have often been punished for ignorance of law. Still no remarkable development has been made in the imparting of legal education, and now it is high time to think of the matter seriously, and instead of promoting for legal process outsourcing by our legal professionals for foreign countries, let more and more opportunities be created by our own country to accommodate these professionals to serve our own country.


2020 ◽  
Vol 27 (3) ◽  
pp. 5-32
Author(s):  
Mary Anne Noone

It’s a great privilege to deliver this year’s Susan Campbell Oration. I, like many others, had the pleasure of working with Sue on a range of activities. In 2007, Sue conducted a review of the La Trobe Law School Clinical program which was instrumental in helping ensure the program remained an integral aspect of the La Trobe University law course. I hope what I have to say honours Sue’s memory and her contributions to legal education and clinical legal education in particular2.  My focus in this presentation is on how Australian clinical legal education responds to the various innovations and disruptions occurring in the legal arena. The scope and breadth of innovations is mindboggling. There are many predictions about what the future holds for the legal profession, from gloom and doom to utopia, and there is a growing body of literature discussing the implications for the legal profession and legal education. In reality, it is impossible to envisage what the legal world will look like in ten years let alone thirty and that poses a real challenge for those involved in legal education, including clinical legal education. How best to prepare today’s students for the unknown future?  Given that I have no expertise in digital technology and am certainly not a futurologist my comments relate to those areas about which I have some background: access to justice, social security and clinical legal education.  I briefly outline the variety and scope of innovations occurring in the legal world, discuss two related aspects namely access to justice and government decision making, using the example of Robodebt, and then examine the potential for clinical legal education in these disruptive times. I argue that clinical legal education is well placed to take a more central role in Australian law schools and the training of 21st century legal workers. 


2017 ◽  
Author(s):  
Michael J Madison

One law professor takes a stab at imagining an ideal law school of the future and describing how to get there. The Essay spells out a specific possible vision, taking into account changes to the demand for legal services and changes to the economics and composition of the legal profession. That thought experiment leads to a series of observations about values and vision in legal education in general and about what it might take to move any vision forward.


Author(s):  
John V. Orth

This chapter focuses on Sir William Blackstone (1723–1780), the author of the most important book in the history of the common law. The four-volume Commentaries on the Laws of England (1765–1769) and the series of lectures Blackstone delivered at Oxford from 1753, changed the way lawyers thought about the law. Blackstone’s Commentaries were read by more people, non-lawyers as well as lawyers, than any other English law book. Their influence is difficult to overstate, and extends into the twenty-first century. Almost as momentous was Blackstone’s influence on legal education. While gradual, the transfer of legal education from the law office and the courts to the university, which Blackstone pioneered, had an enormous impact on legal development, as law professors contributed to the formation of generations of lawyers and themselves came to play a significant role in legal development.


1998 ◽  
Vol 4 (5) ◽  
pp. 1059-1069
Author(s):  
Reader – Charles Sparrow

ABSTRACTAs part of the 150th anniversary celebrations of the actuarial profession, the link between Gray's Inn and Staple Inn is being renewed with the appointment by Gray's Inn of a Reader, who will give an annual lecture at Staple Inn as a contribution to legal and actuarial education.The first reading for some 300 years gives an outline of the history of Staple Inn, from its origin in the fourteenth century as a ‘Staple’, a customs house for wool, later becoming an Inn of Chancery of one of the four Inns of Court, Gray's Inn. It was in the Inns of Chancery that training was given to law students. The progression of English law and of the training of law students are outlined, particularly how they affected Staple Inn and its subordinate relationship to Gray's Inn. The eventual loosening of the ties between the Inns of Court and the Inns of Chancery, the end of the involvement of Staple Inn with the legal profession, and the coming of the Institute of Actuaries to Staple Inn are all described.


2020 ◽  
Vol 7 (1) ◽  
pp. 35-45
Author(s):  
Debasis Poddar

Since inception of the new-generation experiment in legal education with the National Law School of India University Bangalore (NLSIU), contemporary history of professional education rolls on toward excellence and the ordeal is on with the proliferation of similar institutional entrepreneurship. In the anxiety of competitive edge, few—too few—follow legacy of a model school in Bangalore; invented by N.R. Madhava Menon: the legacy vis-a-vis experiments with discipline, leadership, pedagogy, and the like. Minute prospect and consequence of (t)his model apart, Menon redefined the philosophy of professional education at NLSIU. What went spread over far and wide as trendsetter for the contemporary legal education is the letters of institutionalism, more so for ‘National’. Spirit of the NLSIU legacy but lies elsewhere. A practising lawyer-turned-educator, Madhava Menon has introduced a model to prepare well-baked product for the bench and the bar alike. At the same time, however, he brought in sense of social responsibility otherwise getting dwindled in the contemporary professional lifeworld. Not without reason that there is emphasis upon clinical legal education and legal aid clinic alike. In its essence, the author advances arguendo with the reasoning of his own, that pedagogy thereby initiated has had a teleological end to offer legal education en route to justice education; thereby spearhead progressive social transformation. The Menon Model is meant to raise human resource for professional service to the court and the people; instead of tertiary service to the market. After his model, the market ought to approach qualified professionals; not vice versa. The sooner such internal legacy of the (Menon) model earns appreciation is the better for prospect of professional education.


2018 ◽  
Vol 7 (2.29) ◽  
pp. 494
Author(s):  
Norfadhilah Mohamad Ali ◽  
Mohd Hazmi Mohd Rusli ◽  
Syahirah Abdul Shukor ◽  
Mohd Nasir Abdul Majid ◽  
Hendun Abd Rahman Shah ◽  
...  

Upon attaining independence in 1957, most judges and lawyers in Malaysia received legal education and legal training in the United Kingdom. University of Malaya was the only premier law school in Malaysia during that time. Gradually, the number of law schools increased and now legal education is available in a number of both private and public universities in Malaysia. The landscape of legal education differ post 2008 when new law schools from public universities were made subject to a review conducted by the Legal Profession Qualifying Board (LPQB) – failure to obtain full recognition will result in students from the universities concerned, having to sit for Certificate in Legal Practice (CLP) examination. In the light of this development, legal education in Malaysia has become under strict  scrutiny by the legal fraternity, and thus it is a question of what reasonable expectation should the country set on the legal education provided by universities. This article will address legal education from the point of view of universities, the relevance of the CLP examination and the level of skills and knowledge required to produce ‘practice-ready’ graduates. The discussion also considers the availability of the 9-months pupillage before admission to the Malaysian Bar and  other criteria for education as provided for by the Malaysian Qualifications Agency (MQA). The whole paper will be based on the  Legal Profession Act 1976, the MQA guidelines, the developments of legal education in Malaysia and the experience of laws schools under review by the LPQB and other stakeholders.   


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