Legal Education
Legal education is the education of individuals who intend to become legal professionals or those who simply intend to use their law degree to some end, either related to law such as politics or academic or business. In addition to the qualifications required to become a practicing lawyer, legal education also encompasses higher degrees such as doctorates, for more advanced academic study. In many countries other than the United States, law is an undergraduate degree. Graduates of such a program are eligible to become lawyers by passing the country's equivalent of a bar exam. In such countries, graduate programs in law enable students to embark on academic careers or become specialized in a particular area of law. In the United States, law is a professional doctorate degree known as a Juris Doctor. Students embark upon only after completing an undergraduate degree in some other field usually a bachelor’s degree, and are considered to be a first professional degree program. The undergraduate degree can be in any field, though most American lawyers hold bachelor's degrees in the humanities and social sciences; legal studies as an undergraduate study is available at a few institutions. American law schools are usually an autonomous entity within a larger university. A law school is an institution where prospective lawyers obtain legal degrees. In the United States, law is a Doctoral degree, the pursuit of which students undertake only after having completed an undergraduate degree in some other field usually a bachelor's degree. The law school program is considered to be a professional school program and upon graduation you receive the distinct title of Doctor. Though attorneys rarely if ever use the title 'doctor' even though they are entitled to by both degree and etiquette. The undergraduate degree can be in any field, though most American lawyers hold bachelor's degrees in the humanities and social sciences. American law schools are usually an autonomous entity within a larger university, though there are independent institutions. In most cases, the degree awarded by American law schools is the Doctor of Jurisprudence or Juris Doctor J.D., degree. In contrast, the LL.B. degree is still the standard qualification in other common law jurisdictions, mostly in the Commonwealth of Nations. Research degrees that are awarded include the Master of Laws LL.M. and Doctor of Juridical Science degrees J.S.D. or S.J.D... Once a student has graduated from law school, he or she is expected to pursue admission to the bar in order to practice. Requirements for membership in the bar vary across the United States. In almost every state, the only way to be admitted to the bar is to pass a usually multi-day written examination. Once admitted, most attorneys must meet certain Continuing Legal Education CLE requirements. Faculty of law is another name for a law school or school of law, the terms commonly used in the United States. This term is used in Canada, other Commonwealth countries and the rest of the world. It may be distinguishable from law school in the sense that a faculty is a subdivision of a university on the same rank with other faculties, i.e. faculty of medicine, faculty of graduate studies, whereas a law school or school of law may have a more autonomous status within a university, or may be totally independent of any other post-secondary educational institution. In addition in some countries, including the United Kingdom, Canada and some states of Australia, the final stages of vocational legal education required to qualify to practice law are carried out outside the university system. The requirements for qualification as a barrister or as a solicitor are covered in those articles. See advocate for details of the requirements for qualification as an advocate in Scotland.
Law Firm
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise client’s individuals or corporations about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other matters in which legal advice and other assistance are sought.
In many countries, including the United States and the United Kingdom, there is a rule that only lawyers may have an ownership interest in, or be managers of, a law firm. Thus, law firms cannot quickly raise capital through initial public offerings on the stock market, like most corporations. In the United States this rule is promulgated by the American Bar Association and is adhered to in all U.S. jurisdictions, except the District of Columbia. The U.K. has a similar rule, but in recent years law firms have been able to take on a limited number of non-lawyer partners.
The rule was created in order to prevent conflicts of interest. In the adversarial system of justice, a lawyer has a duty to be a zealous and loyal advocate on behalf of the client, and also has a duty to not bill the client unreasonably. Also, as an officer of the court, a lawyer has a duty to be honest and to not file frivolous cases or raise frivolous defenses. A lawyer working as a shareholder-employee of a publicly traded law firm would be strongly tempted to evaluate decisions in terms of their effect on the stock price and the shareholders, which would directly conflict with the lawyer's duties to the client and to the courts.
Law firms are typically organized around partners, who are joint owners and business directors of the legal operation; associates, who are employees of the firm with the prospect of becoming partners; and a variety of staff employees, providing paralegal, clerical, and other support services. An associate may have to wait as long as 9 years before the decision is made as to whether the associate "makes partner." Many law firms have an "up or out policy" pioneered around 1900 by partner Paul Cravath of Cravath, Swaine & Moore: associates who do not make partner are required to resign and join another firm, go it alone as a solo practitioner, go to work in-house in a corporate legal department, or change professions burnout rates are very high in law.
Making partner is very prestigious at large or midsized firms, due to the competition that naturally results from higher associate-to-partner ratios. Such firms may take out advertisements in legal newspapers to announce who has made partner. Traditionally, partners shared directly in the profits of the firm, after paying salaried employees, the landlord, and the usual costs of furniture, office supplies, and books for the law library or a database subscription. Partners in a limited liability partnership can largely operate autonomously with regard to cultivating new business and servicing existing clients within their book of business. However, many large law firms have moved to a two-tiered partnership model, with equity and non-equity partners. Equity partners are considered to have ownership stakes in the firm, and share in the profits and losses of the firm. Non-equity partners are generally paid a fixed salary albeit much higher than associates, and they are often granted certain limited voting rights with respect to firm operations. The oldest continuing partnership in the United States is that of Cadwalader, Wickersham & Taft, founded in 1792 in New York City.
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