Sie sind auf Seite 1von 5

INTRODUCTION

For France and the UK in particular as well as the world as a whole, it is


recognized that legal profession is a very prestigious profession. However, with
some people only known lawyers are lawyers. But in reality, labor in the field of
legal profession is diverse and abundant including the labor of judges, lawyers,
executors, notaries, assessors and other judicial officials. As well as law practice in
other countries, in France and the UK law practice is also extremely diverse.
However, for a more detailed look at the practice of law in France and the UK from
a comparative perspective, this article deals only with two prominent and often more
prominent occupations when practicing law is Lawyer. and Judge.

BODY

I. Similarities in practicing law in French and UK

In the France and the United Kingdom, the practice of lawyers is a prestigious
industry because it requires a lot of intelligence and ability.

In England and France, lawyers are under the management of a bar association
or bar association. In the UK counsel counselor is under the management of the Bar
Association, litigants under the management of England and Wales Bar
Associations. In the France, it requires law practitioners to be members of their state
bar association.

II. Differences in practicing law in France and UK

1. Profession of lawyer

a. Practice conditions

In the UK students can take a law practice course without a UK bachelor's


degree, but they must have a different university degree and attend a 1-year course
to obtain a Diplom degree in law. Becoming a lawyer in the UK is not necessarily
due to the state bar, but is assisted by a number of training institutions that are
approved by law to open law practice classes.
While in France, practicing law, a practitioner must have a bachelor's degree
in law and a certificate of CAPA practicing. It can be seen in France that there is no
set standard on whether the person wishing to practice the law must attend a
university that is recognized by the bar association with a new bachelor's degree.

b. On the scope of law practice

In the UK, local law firms provide services in the areas of family law, civil
law, testimonial certification, property transactions ... Large city companies often
specialize in corporate law. , commercial law, tax law, banking law, civil law or
labor law ...
While in France, in spite of practicing law, they wish to practice must also be
members of the bar association. But may be a member of one of the 183 bar
associations in France. It can be understood that French lawyers are not restricted to
the scope of their practice to a certain extent as in the UK.

c, Conditions for foreign lawyers to practice in France and the UK

If a foreigner are a qualified lawyer from an overseas jurisdiction, they may


be eligible to transfer to the roll of solicitors of England and Wales under the
Qualified Transfer Scheme (QLTS) without having to complete the full education
and training requirements specified in the Solicitor Regulation Authority (SRA)
Training Regulations 2014.

Foreigners can also practice law in France. There is, however, a distinction
between the conditions of legal practice between persons coming from European
Union countries (CAPA certificates exempted from the university diploma of the
country of their nationality) and persons from other countries. Must be a member of
the European Union (must pass the exam to get the CAPA certificate as for French
citizens want to become lawyers).

2. Profession of Judge

a. How to choose Judge

The UK judge is selected and appointed by the judiciary. This committee


operates independently without being affected by any organization. This committee
holds a public, transparent and fair examination to choose the best candidate.
Candidates who ensure elements of prestigious contributions, credibility, experience
and professional ethics will be proposed by the Judiciary Committee to the
chancellor - the head of the judicial branch in England. appoint.
Whereas in France, the choice of the judge is through a test taker to enter
the judicial training school. The examination ensures democracy, fairness and
independence in the selection of judges. However, in some exceptional cases, the
State allows the selection of judges through nomination procedures (mainly in the
case of prestigious professors and lawyers). In order to be suitable for each type of
subject, France often organizes three different examinations: Student Examination,
Civil Servant Examination, and Private Employee Examination. The high school
elective exams are often 1/18 (roughly equivalent to the National Academy of Public
Administration, which is one of the leading schools in France).
b. Appointment procedure for the judge

In the UK, federal judges are appointed by the President and the Senate.
Judges are sometimes elected for a fixed term and the majority of the judges are
appointed. In some state, first appointed by the governor and will then be
periodically postponed for voters to vote through reappointment so that they can
continue to work as judges. Candidates for junior-level judges are not necessarily
lawyers.

In France there are also two types of judges: prosecutors (standing judges) and
judges (sitting judges). For judges who act as prosecutors, the appointment shall fall
under the competence of the Ministry of Justice (the Department for Management
of Courts). In this case, the Ministry of Justice consulted with the Supreme Judicial
Council, then submitted to the President a decision to appoint. For a trial judge, the
Supreme Judicial Council has the power to recommend the appointment of members
of the Supreme Court of Justice, Chief Judges of Appellate Courts, and Chief Judges
of Superior Courts (totaling approximately 350 position), then submit to the
President for decision. In the remaining cases (primary and appellate judges), the
MOJ consulted with the Supreme Judicial Council before making the appointment
decision (however, the opinion of the Supreme Judicial Council This case is binding
on the Ministry of Justice, which means that the Ministry of Justice can not appoint
a judge if there is a protest from the High Court.

CONCLUSION

From the basic characteristics of the legal profession in France as well as the
comparative view, in comparison with the characteristics of the legal profession in
the UK, it can be seen that the practice of law in different countries The comparative
perspective gives us a better view of the general practice of law. Particularly in
France and the UK, the two states have different forms of government, as well as
two different legal families, the Common law family and the continental European
legal family. Comparing the legal profession between the two countries not only tells
us the difference between them but also helps countries learn more from the foreign
legal system.
REFERENCES

1. https://www.cnb.avocat.fr/en/legal-profession-france
2. Tang Thi Trai Le, The French Legal Profession: A Prisoner of Its Glorious
Past?, Hanoi, 2014
3. https://e-justice.europa.eu/content_legal_professions-29-fr-
en.do?member=1
4. Quintin Johnstone, An Overview of the Legal Profession in the UK, How
That Profession Recently Has Been Changing, and Its Future Prospects,
Yale Law School, 2008
5. https://www.americanbar.org/resources_for_lawyers/profession_statistics
.html

Das könnte Ihnen auch gefallen