Legal Ethics and Professional Responsibility in a Global Context (original) (raw)
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This article is based upon the author's presentation of transnational admissions regulations at the annual conference of the Association of Professional Responsibility Lawyers (APRL) held in Florence, Italy in October 2002. Several of the examples in this article focus on Germany, but the author very much welcomes feedback which supports or refutes the presumptions and propositions made herein in relation to the situation in other EU Member States. PENN STATE INTERNATIONAL LAW REVIEW services, and law schools and other legal education service providers. This section of the article also explains the challenge to the 1998 Directive brought by Luxembourg, explaining the arguments raised and the European Court of Justice's responses to these arguments. The article next analyzes the lessons and implications of European liberalization for those outside of Europe and concludes that the EU's opening of alternative paths to admission has implications for the legal professions worldwide. 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"You take the high road and I'll take the low road, and I'll get to [the court in] Scotland before ye, "(as long as they accord me national treatment or most-favored nation status). 2004] LIBERALIZATION OF NATIONAL LEGAL ADMISSIONS 4 iiagic 5 (doctor) years parts, 18 months anart trustworthy Belgium 5 at university Examination at 1 year practical Good character; no or 3 as trainee end of education training course record of criminal/ Financial problems Denmark 5 year degree Professional law 3 years No record of program from exam practical criminal or 1 of 2 training financial problems universities' Finland EU and 5-6 year Bar exam toward 4 years Good character domicile degree end of training practical and no record of in Ft, program from period training criminal or MI 25' 1 of 3 financial problems years old universities France 4 year degree One year state 2 year Good character course and exam traineeship and no record of to become avocat criminal or stagiare financial problems Germany 4 year degree Bar exam in two 2 years No record of parts over two criminal or years financial problems Greece EU or 4 year degree Professional law 18 months No record of Greek program from exam practical criminal or origin, 1 of 3 training financial problems MAX 35 universities years old Ireland Solicitor vs. Written and oral Solicitors: Barrister exam for all, 12 month distinction, including Irish training after 6 university or language testing 0 month course practical Barristers: ________ _______ experience I_________ year _________ profession, at http://www.ccbe.org (last visited March 15 t b, 2004). CCBE is the abbreviation for the Conseil des Barreaux De L 'Union Europeene, a pan-European bar association representing the interests of the European legal profession. 8. The number of legal educational institutions is included because it provides some insight into the uniformity of the traditional path within a Member State and perhaps an indication of how tight-knit the legal community may be. For example, in Europe it is common to associate specific fields of national law with renowned jurists and law professors. This is something that can serve as a bond between generations of lawyers within a Member State. Given the introduction of alternative paths to admission, the question is raised whether this bond may be missing between lawyers who qualify in other ways. 9. In the U.S., the maintenance of a minimum (Finland) or maximum (see Greece) age in order to study law would likely be unconstitutional. 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