Legal EducationHistory – law schools / training

Roman period Reception (growth of notaries) Pre-Code period French codification

French legal education Qualifications Progression (school training bar)

French legal educationAge Date Event

19 3/95 Baccalaureate (Social/Econ)

20 95-98 DEUG – Nanterre, Paris X

23 99-00 License – Nanterrre, Paris X

24 00-01 Maitrise (Corp/Tax) – Nanterre, Paris X

25 01-02 Masters – Business School, Lille

Legal Education Roman educational system

Classical period Justinian model

Reception University-trained advocates / professors Notaries / guild-training

French legal education Recent reforms: Japan, Italy

Legal EducationRoman educational system

Classical period (150 BC – 250 AD) No law schools / educational qualifications No professional judges No professional advocates (orators) Jurists (write treatises) disdain orators

Legal Education Roman educational system

Justinian period Organized bar (consortia advocati / togati) Law schools in Constantinople, Rome, Beirut

(iusrisperitus) Justinian specifies law school texts / curriculum

(5 years) Law schools certify Latin-speaking advocates

(iuris periti) Two tiers: imperial advocates / lower-court

procurators

Legal Education Roman law reception

University-based Rediscovery of Justinian’s Digest (1088) Law teaching in Bologna Commentators emulate jurists: consulta

Curriculum (in Latin) Follow Justinian’s curriculum / hierarchies, procedures Includes Canon law

Advocates Ecclesiastical court practice No certification for court procurators

Legal Education

“Latin notary”

What are functions and powers of non-judicial notary?

Any institution/person comparable in common law countries?

Legal EducationNotarial profession

Classical Roman period Tabellio: scriveners who write stipulatio Notario: create public instruments

Illiterate population Validate important transactions (donations)

Legal EducationNotarial profession

Reception Continued through medieval period (judicial

notaries) Non-judicial notaries

Quasi-public officials Public instruments that have fides publica Repositories (protocols) of public

instruments

Legal EducationNotarial profession

Professional notarial guild 1300 members In Bologna: only professional / trade guild on Piazza

Maggiore Functions

Drafter official records: endowments, transfers of ownership and provisions of wills

Notarial schools / learned profession, with practical training

Rolandino (father of notarial art)

Legal EducationRolandino (1215-1300) Bolognese founder of modern

notary practice Author of acclaimed “Summa

totius artis notarie” Politician (moved power to

educated middle class, during Guelf and Ghibilline disputes)

University professor (after papacy took control of Bologna)

Effigie di RolandinoBologna, Basilica di San Petronio

Cappella della S. Croce o dei Notai

Legal Education Notarial acts include

snippets of poetry and literature Popular poets -- Jacopo

Lentini, re Enzo, Guido Guinizzelli,

Tuscan writers – Dante, Guido Cavalcanti, Cecco Angiolieri, Cino da Pistoia

verses of songs and nursery rhymes in Italian

Amministrazione della GiustiziaComune, Statuti, vol. XIII, c. CLVIIr

Bologna, Archivio di Stato

Legal EducationPre-code period Division between advocate and procurator

Professional functions Educational formation

University professors Successors to “jurist” (eventually dead secular law, dead

language) Studiosi iuris / iuris interpretes consultique Collection of consilia

Government control over admission Advocates: university training (wear capes) Procurators: practical apprenticeship

Legal Education

French Revolution New law schools (change old legal order)

Temporarily close law schools: reopen as university faculties Standardized curriculum based on codes / exegetic Focus on enacted law – effect on legal reform, inquiry

Professional admission University degree: mandatory for judges, prosecutors,

advocates, procurators State bar examination, followed by probationary stage No monopoly, no special costumes (robes) Advocates defend Republic

Legal Education

Modern French legal profession / education Legal profession

Professional categories Legal professional rules

Legal education (avocats) Qualification Law school Post-degree apprenticeship

Legal Education Professional categories

Avocats: counterpart to US lawyer Both litigator, and legal advisor / transactional representative Specialized litigators (highest courts, first instance,

intermediate, commercial courts) Conseil juridique (recognized in 1971, folded into avocat in

1990) Response to US style full-service representation Same educational requirments as avocats

Notaire: monopoly over certain transactions (real estate, organizing business)

Legal EducationProfessional rules

Unauthorized practice of law Non-member of legal profession cannot use titles As part of job, can give legal advice / prepare documents New rules require that have degree (though not pass

exam) Avocats may not affiliate with non-avocats (no MDP) Juristes de’enterprises (in-house counsel) cannot litigate

Note: How many lawyers (as of 1996)?France: 40,000 avocats (population of 58.4 million)US: 700,000 lawyers (population of 262 million)

Legal EducationFrank Cross, Empirical Evaluation of Effect of Lawyers

on US Economy and Political System, Texas L. Rev. (1992)

Does America have too many lawyers? Hard to compare since law degree doesn’t mean lawyer Some data: ABA Journal (1992)

Consider what lawyers do? Lawyers’ monetary costs uncertain, relatively insignificant Lawyers produce nonmarket social goods (human rights,

democracy)

Legal EducationFrank Cross, Empirical Evaluation of Effect of Lawyers

on US Economy and Political System, Texas L. Rev. (1992)

Data from 49 countries strong relationship between # lawyers

Political Rights (measured by Freedom Foundation) Civil Liberties (measured by Freedom Foundation) Human Rights (measured by The Economist) Freedom (measured by Agora Inc)

reduction in US # lawyers rate by 20-25% correlates to freedom comparable to Kuwait, Nepal, Peru, El Salvador

Legal EducationFrench legal education: avocat Qualification:

French national, EC national, Euro Eco Area, nationals from countries with reciprocal rights

Ordre of Avocats v. Klpp (Euro Ct Justice 1984): German lawyer can practice in France (free movement of services)

Pro hac vice (accompanied by local lawyer) when go to court France requires exam for foreign lawyers (but avoids, French

university, professional training institute, probationary period) Exam not required under EC Directive (3 years transitio)

Maltrise from French university (OK if EC university) / baccalaureat (high school)

Legal EducationFrench legal education: avocat Law schools

University oversight / uniform curriculum first cycle – “general studies” diploma (two years) second cycle – “license” degree (three years) Maitrise master’s degree (1 year)

Large formal lectures – no preparation, no attendance small group sessions w/ attendance, reading, homework

High attrition

Legal EducationFrench legal education: avocat Admission to practice

Professional education program (free, one year / confidentiality stipulation / internship with avocat, other)

Bar examination (written and oral) – CAPA (after maitrise) Avocat (probationary period two years / assigned cases, no

compensation / collaborator in office of avocat) After protionary period, can practice independently (but not

as in-house counsel)

Alternative: Entrance exam to Institute of Judicial Studies

Legal EducationFrench legal education: avocat Professional practice

Lawyers may practice in LLCs (restrictions on liability) National council of the bar (officail association) Disputes between associates – mandatory arbitration before

local bar

Legal EducationCivil law education University studies

specified curriculum / 4-5 years

LL.M. (magister legis) for transactional lawyers

Practical training, apprentice State bar exam

Advocate: officer of court Judge: special exam(s)

Note: notaries generally subject to own rules of admission

US legal education University studies

ABA accredits law school (curriculum / program)

3 years (post graduate) State bar examination

ABA-approved degree (or reading for bar)

No practical training Post-degree education

CLE requirements Area-specific LLMs