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HISTORY OF LEGAL PROFESSION

England and Wales


Since the beginning of the 19 century
2 Branches of Legal Profession Supervision and Control over attorneys belong to BARRISTERS The four great Inns of Court 1. Lincolns Inn 2. Inner Temple 3. Middle Temple 4. Grays Inn 1. Inns of Court Judges 2. Have a monopoly of the right of audience in the superior court 3. It is from their ranks that the higher judicial offices and the law offices of the Crown are filled (those of Attorney General and Solicitor General) 4. Work is focused on advocacy 5. Consulted as experts by solicitors 6. No right of direct access to the client 7. Must work as an individual 8. Prerogative is being a specialist in the Supreme Court 9. May be of any nationality A person wishing to be called to the bar must join one of the Inns of Court. Must 1. Pass a test of general education 2. Fulfil certain conditions of fitness and respectability 3. Keep a certain number of terms (generally 12) 4. Pass a qualifying exam of a largely theoretical nature 2 ranks --1. Queens Counsel (Silk)appointed on recommenda- tion of the Lord Chancellor 2. Juniors SOLICITORS Judiciary and Legislature/Parliament
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Distinctions

1. They are officers of the court 2. Right of audience is also extended to solicitors --- in country courts and Magistrates Courts 3. ----

4. ---5. ---6. Client can only approach a barrister through a solicitor 7. May practice in partnership 8. Do nine-tenths of the work 9. Must be British

Intending solicitor must 1. Serve a period under article of clerkship or apprenticeship 2. Pass a preliminary exam in general knowledge 3. Pass an intermediate and final exam in law 4. Pass an exam in bookkeeping and trust accounts

LEGAL EDUCATION IN THE PHILIPPINES


The quality of legal education in the Philippines, as it is the fountainhead of legal profession, largely determines the quality of legal service that lawyers render and the justice that the courts dispense. 3 Major Legal Systems of the World meet in the Phils: 1. Roman Civil Law and Canon Law --- Spain 2. English Common Law --- United States 3. Islamic Law --- Islamic part of the world 1990 there are a total of 60 law schools in the Phils, 35% of which located in Metro Manila Government supported law schools are: 1. The College of Law of UP 2. Mindanao State University 3. Don Mariano Marcos University in La Union

1734 first law course was offered in UST Spanish was the language of instruction Curriculum mainly devoted to various branches of the Civil Law as well as studies in economy, statistics and finance 1910 the first law course was conducted in English at Manila YMCA 1911 Law School of UP started, founded by George Malcolm Legal education refers to formal training which goes into making of a lawyer Training involves 1) Completion of a 4-year baccalaureate program in the arts or sciences 2) Admission to the 4-year law course leading to the Bachelor of Laws degree Admission to the BAR is governed by the Rules of Court, which requires: a. satisfaction of academic requirements b. passing the bar exams give by a Committee of the Supreme Court The most central of the manifold problems of legal education in the Phils is the dominance of the bar exams --- Law Schools train the students to pass the bar exams instead of preparing them for the practice of law, which apparently become schools secondary goal in training. 1982 UP Law Faculty revised its curriculum --> took the critical first step --> introduced the core-elective concept Old curriculum = 2 electives only New curriculum = student free to choose up to about 20% of the courses for the LLB degree students are given more participation in fashioning their legal training curriculum is being enriched with provision for more courses in jurisprudence and the opening of interdisciplinary electives Teaching Methods 1. Clinical Method 2. Case Method (combination of lecture and recitation) 3. Problem Method or Seminar Common Law borrowings require case study, i.e., the analysis of SC decisions using the modified Socratic Method following that made famous by Harvards Langdell.
Langdell's core legacy is his influence on the legal education. Before Langdell's tenure, the study of law was a technical pursuit. Students were told what the law is. However, at Harvard Langdell applied the principles of pragmatism to the study of law. Now, as a result of this innovation, lawyers are taught the law through a dialectical process of inference called the case method. The case method has been the primary method of pedagogy at American law schools ever since.

Phil law schools largely follow the American law school model --1. Class attendance is compulsory 2. Case method is used 3. Co-curricular activities are undertaken (law review and moot court) 4. Innovations such as clinical legal program are beginning to form part of the law curriculum In late 60s the UP College of Law introduced a continuing legal education program for judges and practicing lawyers. The UP Law Center was later established to carry on and expand the program. With regard to the judiciary, the PhilJA has taken over the continuing legal education of the judiciary.