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INTERNATIONAL PERSPECTIVES ON LEGAL EDUCATION AND THE ROLE OF ADVOCATES

Hitesh Prajapat
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This article is written by Namrata Mondal, studying at the Oxford College of Law, an intern under Legal Vidhiya.

ABSTRACT

 This research work is about the international perspective on legal education and the crucial role of advocates in the legal framework. This blog is divided into two parts: the first is on global legal education, and the second part focuses on the advocates.  The main aspect that differentiates this article from others is the inclusion of countries with diverse educational systems in the respect of the legal field. The main objective is not just to know the global demands on how legal education should be, but also to understand how the countries are exercising their legal studies. Therefore, it mentions the educational qualifications that every student needs to fulfil to be a well-trained legal practitioner.  Accordingly, the research work explains the international perspective and what the global legal system wants the education structure to be.  Not only this, but it also mentions a few challenges that stop the education system from being perfect.

The second part is about the main character of any legal system- the advocates. Regarding them, how they are meant to be, and how they can serve in the international dispute, with their strong emphasis on law and commitment to justice.  It consists of the transforming nature of the advocates with the growing societal demands. The research discusses how their role transcends borders, influencing the entire judiciary.

Also, it explains case law related to international disputes, and thus, the article moves towards the conclusion.

KEYWORDS

undergraduate degrees, postgraduate degrees, juris doctors(JD), solicitors, barristers, LSAT, AIBE, Priestly-11, international law modules, cross-border practice, technology, legal reforms, civil law, common law, advocates, international court of law .

INTRODUCTION

 Law is not what it was decades ago. It is continuously changing with the change in societal aspects. Without a structured legal framework in an increasingly interconnected world, legal regulation has transcended its national borders with its vibrant tapestry of diverse traditions, practices and ideologies. Law is now influencing governance, commerce, human rights, and social justice across continents.

As a result of this transformation, Legal education can be ignored. It must be reformed to meet the changing needs to deliver the justice process professionally and efficiently. A clear knowledge of laws is the first criterion that every law students are required to cover to carry on their profession in its true sense.  Thus, every country must nurture its legal education with great care for a structured legal environment. Legal education can vary depending on the tradition, societal conditions, and requirements of the citizens of the country.

At the heart of this transformation lies the legal professional advocates. Traditionally, they were only the protectors of rights, but today’s advocates are global negotiators, policy influencers, protectors of rights, social service givers and strategic thinkers. They are well-versed in the law and competent. This dual focus is central to understanding the legal profession in its dynamic landscape.

 It can be observed that 21st-century advocates are a new breed engaged more with social responsibility, updated with global affairs and equipped with trained skills.

LEGAL EDUCATION IN VARIOUS COUNTRIES-

UK legal education- The UK academic stage consists of two methods- undergraduate and postgraduate degree courses,  and the degree must be standard (also known as a qualifying law degree). To be considered as a standard degree, it must include ‘core’ law subjects. The Bar Council of England and Wales and the Law Society decided which degree course is standard.

Generally, an undergraduate course is the most commonly used way to enter the legal profession, which leads to the Bachelor of Laws / Bachelor of Arts or a joint honours degree. While a postgraduate degree provides systemic knowledge on a particular area and exposes students to current issues, and is also more practical.

After graduation, the choice between solicitors and barristers diverges. Solicitors need enrollment with the Law Society of England and Wales, then one one-year legal practice course followed by two years’ training contract. Barristers need to join a inn of the four out of four, then complete a one-year bar professional training course and training in a barrister’s chamber, known as pupillage. [1]

Us legal education- unlike the UK, they don’t provide an undergraduate course; students must hold a bachelor’s degree beforehand. After that, they must complete three years Juris-doctor (JD) program, which is a graduate-level professional degree. This course allows students to appear for the Bar Council exam. This is the most common path to enter a legal profession, although many states provide other opportunities for those without a JD course to pursue a legal profession.[2]

Canada legal education- admission to law schools is are competitive process, students need strong academic performance and LSAT scores. In Canada, undergraduate degrees are prevalent; after that, students can complete a law degree, which is commonly known as ‘Juris Doctor’. After the JD course, students need to clear the bar exam to be qualified as legal practitioners.[3]

Australian legal education- Australian legal education is made of undergraduate and postgraduate degrees. An undergraduate LLB degree, and if anyone has a bachelor’s degree in any other subject, then a JD degree. Every student needs to clear the ‘priestly 11’ to become a successful advocate. Australian law school focuses more on developing legal knowledge, practical exposure, critical thinking, etc.. [4]

China legal education- In China, there are more or less ten law courses. Among them eight degrees are license-based. A student in China can gain legal knowledge even from high school, as the country offers a law degree of two or three years for high school students. [5]

Indian legal education- Legal education in India is also structured and standardised. A student must complete a law degree of three or five years from a renowned institution affiliated to the Bar Council of India, and after completion, must clear the AIBE exam; after that, they can enrol themselves on the respective bar councils for practising. [6]

French legal education-  a student needs to complete an LLB degree and at least a master’s degree(LLM), after that, students can pursue a PH.D. in law.

INTERNATIONAL PERSPECTIVE ON LEGAL EDUCATION BASED ON THE ABOVE-MENTIONED COMPARATIVE ANALYSIS –

In today’s era, legal education is reforming by the traditions, evolving societies, and growing developments. The international perspective  on legal education, as per the structured system of various countries, is as follows-

CHALLENGES

Although the presence of  modern and growing legal system countries are facing many problems to deal with such as,

ROLE OF ADVOCATES

Advocates play a significant role in maintaining the law within the country, and they are the protectors of human rights. They represent clients and serve justice to them. The role of an advocate from an international perspective is-

Voices of the clients- advocates give voices to their clients as well as those who are marginalised, displaced and vulnerable communities. They express the opinion of the needy people and serve them justice by rescuing the victims, not only within national borders but also in international frum line the UN, the International Criminal Court and various tribunals.

Guardian of justice- advocates in today’s era are not confined to national borders, with the rise of international human rights, trade agreements, and treaties, they play a very pivotal role in ensuring justice even behind domestic lines.

Agents of maintaining unity-  in an area of diverse legal systems- common law, civil law, and religious laws- advocates unify the legal system by interpreting and applying different legal frameworks. They help to bridge the gap between international arbitration and litigtaion.

Protecting rights- in a developing fair society, human rights need to be protected at any cost. Protecting the rights of individuals and ensuring that they are not violated should be the utmost aim of the legal profession. If it is violated then advocates should follow the proper procedure to restore the damages.

Contribution in framing policies- many advocates engage themselves in international policy making, advising, drafting rules and regulations.

Promoter of ethical practice- international perspective advocates to carry on their profession ethically, and advocates are increasingly expected to maintain integrity, transparency, and ethics in their profession. Ethical practice and transparency helps building and reastoring public trust on the judicial system.

Educators in global literacy- many advocates serves as trainors and mentors in global legal rights and obligations. They even teach and guide legal practitioners, people, junior colleagues and even the government, especially in newly emerging legal aspects that need to be governed, such as environmental laws, cyber crime, humanitarian law, etc.

Legal mentors in a globalised economy- with the rise of a globalised economy, advocates are expected to guide their clients on international trade law, IPR, competition law and treaties signed by the countries. They plays a great role in balancing global risks and opportunities.

Intercultural practice- international collaboration between law firms, start-ups, businesses, and courts is increasing day by day; thus, advocates need to possess intercultural knowledge. Advocates not only apply foreign law but also social norms, legal cultures , and institutional practices of other jurisdictions in resolving international disputes.

International peacebuilding- in international disputes, they prepare arguments, fight the cases, mitigate disputes and restore institutional bonds between countries. Their in-depth legal knowledge and neutrality make them a perfect global mitigator.

CASE LAW ON INTERNATIONAL DISPUTE-

Case– arrest warrant of 11th April, 2000 ( democratic republic of Congo v Belgium)

Facts- On 11th April, 2000, a Belgian magistrate issued an international arrest warrant against Mr Yerodia. Mr Yerodia was the foreign minister of Congo when he was alleged. He was accused of crimes against humanity. It was said that he allegedly incited racial hatred among people through his speech to attack Tutsi residents in Rwanda, which led to massive killings. It was complained that he violated the conditions of the Geneva Convention of 1949. The arrest warrant was sent to the DRC government and Interpol, and Interpol in turn circulated the warrant to other states, including Congo.

Courts holding- the circulation of an arrest warrant was said to violate the international obligation og Belgium towards Congo. Mr Yerodia’s immunity was considered by the ICJ. [7]

CONCLUSION

  in conclusion, the emphasis on an international perspective on legal education and the role of advocates highlights the growing demand for global standards. Legal education is the key to a great and competitive legal system worldwide.  Advocates today are not only the defenders of justice, but they are also the heart of the legal framework globally. They are now the protectors of human rights, practitioners of ethical conduct and international traditions. Their evolving role demands adaptability, reforms and knowledge of transnational traditions.  In this world of growing need for interactions, legal education and students trained with standard law are the main characters, who can effectively navigate legal complexity across borders while upholding the principle of justice, equity and good conscience. On the other hand, the number of fake law professionals is rising leaps and bounds. Thus, legal education must be standard, and the regulatory bodies should be more careful and scrutinise the necessary documents while enrolling an advocate.

REFERENCES-

  1. Christophe Jamin, The Internationalisation of Legal Education, Springer, 2016https://link.springer.com/book/10.1007/978-3-319-29125-3

 

 

 

 

 

 

 

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