Reforming American Legal Education and Legal Practice: Rethinking Licensing Structures and the Role of Nonlawyers in Delivering and Financing Legal Services

Legal Ethics ◽  
2013 ◽  
Vol 16 (2) ◽  
pp. 243-257
Author(s):  
Deborah L Rhode
Author(s):  
Martin Partington

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing. It notes new forms of legal practice. It also considers how use of artificial intelligence may change the ways in which legal services are delivered. It reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system. It reflects on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.


2021 ◽  
pp. 255-290
Author(s):  
Martin Partington

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing and the objects of regulations. It notes the development of new forms of legal practice. It also considers how the use of artificial intelligence may change the ways in which legal services are delivered. The chapter reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system, and on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.


Author(s):  
Martin Partington

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing and the objects of regulations. It notes the development of new forms of legal practice. It also considers how the use of artificial intelligence may change the ways in which legal services are delivered. The chapter reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system, and on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.


2014 ◽  
Vol 19 ◽  
pp. 271 ◽  
Author(s):  
Graham Ferris ◽  
Nick Johnson

<p>There has been an implicit assumption that legal education should be about exposition and evaluation, and should reward facility in exposition and theoretical awareness. This theoretically based assumption generates a theory-induced blindness. Specifically, it obscures the dynamic relationship between law and legal practice, despite it being a familiar aspect of the world. The lawyer as rule entrepreneur is lost sight of. One alternative assumption about legal education would be that law is a game like activity; and legal education should be directed towards promoting those qualities that would enhance performance in this game. In this approach to legal education it would be practical nous that would be sought and rewarded, and such qualities as facility in exposition and theoretical awareness would receive recognition merely as qualities that can be ancillary to and elements of practical nous. Doctrinal legal education naturally pulls towards the first theory, and clinical legal education naturally pulls towards the second. We argue for a clearer awareness of the role of rule entrepreneurship in clinical programmes and in legal education generally.</p>


Author(s):  
James E. Baker

This article discusses covert action within the context of the U.S. law. The first section describes the main elements of the U.S. legal regime, including the definition of covert action and the “traditional activity” exceptions, the elements of a covert action finding, and the thresholds and requirements for congressional notification. The second section describes some of the significant limitations on the conduct of covert action. The third section discusses the nature of executive branch legal practice in this area of the law. And the last section draws conclusions about the role of national security law within the context of covert action.


Author(s):  
Xiaoyi Yuan

Legal knowledge is boring, and some content is not related to their life experience. To impart such complex knowledge to students, as a teacher, you must improve your professional skills, actively explore, learn, and find the best teaching methods. Only in this way can the students’ understanding of legal knowledge and thinking ability be expanded, and the boring legal knowledge can be more specific, visualized, popular, life-oriented, and easy to understand, so that students can master and understand legal knowledge and transform it into their own practical actions. This article is mainly aimed at the conditions created by the current social practice of law students by enterprises and institutions in the society, as well as the knowledge teaching situation of law practice teaching in law education during school. It emphasizes the importance of knowledge education in legal practice teaching, and calls on schools to increase investment in time teaching. All the teachers and students are required. This article scientifically and comprehensively interprets the knowledge education situation of legal practice teaching in our country’s legal education. Especially the intuitive analysis, in the process of knowledge education, the teaching methods adopted the teaching principles to follow and other issues. It makes everyone more clearly and straightforwardly aware of the positive significance of the knowledge education of legal practice teaching in legal education for the cultivation of talents. Through the discussion of the problems, this article knows the importance of constructing a reasonable teaching model of law. Among them, practical teaching knowledge education is very beneficial to students and has a profound impact on students’ future employment. The experimental results show that the traditional legal education training is not to abandon all, but to effectively integrate with the current teaching tasks and training objectives, so as to truly train students into comprehensive all-round legal professionals.


2011 ◽  
Vol 13 (2) ◽  
pp. 132-145 ◽  
Author(s):  
Richard Helmholz

Most recent historians have expressed a negative opinion of the quality of legal education at the English universities between 1400 and 1650. The academic study of law at Oxford and Cambridge, they have stated, was easy, antiquated and impractical. The curriculum had not changed from the form it assumed in the thirteenth century, and it did little to prepare students for their careers. This article challenges that opinion by examining the inner nature of the ius commune, the law that was applied in the courts of the church, and also by examining some of the works of practice compiled by English civilians during the period. Those works show that the negative opinion rests in part upon a misunderstanding of the nature of legal practice during earlier centuries. In fact, concentration on the texts of the Roman and canon laws, as old-fashioned as it seems to us, was well suited for the tasks advocates and judges would face once they left the academy. It also provided the stimulus needed for advance in the law of the church itself; their legal education made available to potential advocates and judges skills that would permit a sophisticated application of the ius commune, one better suited to their times. The article provides evidence of how this happened.1


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