Short Notes on Legal Profession
In addition to their core function of serving the client, the lawyer is expected to devote part of their time to improving their profession. By participating in the work of the organized bar association, ethical standards are established and disciplinary procedures are conducted. The Bar Association is therefore a key factor in distinguishing a profession from other professions and its activities help to protect the public from the harm that could result from the granting of a licence to practise as a lawyer to unqualified persons. At some point in their careers, most lawyers participate in the public service on a part-time or full-time basis. A lawyer may be asked to be a judge, to serve in government, to run for political office or to engage in community affairs. No one should consider entering the legal profession unless they are prepared to take on some of that civic responsibility. This is part of the reference requirements to help students and faculty understand legal citations and legal abbreviations. International PhD students who can come up with a completely different type of citation and abbreviation style need considerable help. First-year students in the Legal Research course also need help understanding legal citations and abbreviations. Another group of users who always need help with legal citations and abbreviations are student editors of journals and law journals.
These students often need to check the references they find in articles submitted for publication in the law journal or journal. The legal citation and abbreviation belong to the language of the legal profession. The legal literature is composed of many legal abbreviations and quotations. Understanding how to cite legal documents is an important skill in legal education. In major jurisdictions such as the United States, Canada, and the United Kingdom, there are uniform citation rules for legal documents and publications that must be submitted to law schools and courts. Even though there are ongoing discussions about the appropriateness of legal citations and why they should be dropped. Note, however, that there are no citation rules in some jurisdictions; For more information about citation styles, see Guide to Foreign and International Legal Citations. Table 4.1 shows the legal citation styles used in Canada, Singapore, the United Kingdom and the United States. Universities usually describe the consequences of plagiarism for their students. Should the consequences also be identified and communicated to professors? What should those consequences be? Should there be established consequences for legal professionals who use the work of others? What should those consequences be? Many believe that the current number of new lawyers admitted exceeds the company`s ability to employ them effectively. Others believe that the increasing complexity of daily life and population growth will allow all new lawyers to become fully employed.
There is little doubt that interest in legal careers exceeds the current demand for new lawyers, and young lawyers are likely to be underpaid much more often than in recent years. This gives us the opportunity to point out that you should not even consider entering the practice of law, primarily for the purpose of making money. This is not a profession where you can expect to become rich. The same effort, diligence, enthusiasm and insight used in many other professions are likely to bring you financial returns significantly higher than your most successful compensation under the law, measured in monetary terms. In modern sociology, Parsons has paid particular attention to the role of the legal profession in integrating into the legal system. This conception harmonizes with the functionalist attention to law as a mechanism of social control and also betrays the broader Parsonian attention to the role of professions in modern societies. The successful acquisition of expertise in a particular professional role is the most outstanding feature of the profession. A lawyer is first and foremost someone who has a legal background and can provide specialized services based on that expertise. The lawyer thus serves as a mediator between the community as legislator on the one hand and the public as a client of the law on the other.
Weber defined law narrowly in relation to the legal profession, referring to law as a normative order provided externally by specialized personnel, including police, prosecutors and judges. Under the conditions of modern societies, Weber argued that law in the formal sense is rationalized on the basis of procedures that apply equally to all. Legal practitioners have a special role to play in this context, as they are involved in the legal decision on the basis of the legal expertise acquired. The institutionalization of legal expertise ensures the specialized status of the jurist on the basis of the formal granting of such a monopoly by the State. The concept of law is one of the glories of Western civilization, but in China, although legalism has profoundly influenced China`s attitude toward any law, it is a term despised for more than two thousand years. This is because the legalistic concept of law was far behind the Roman concept. While Western law was conceived as the human embodiment of a higher order of God or nature, the law of the legalists represented only the fiat of the ruler. China has developed little or no civil law to protect the citizen; The law remained largely administrative and criminal, which people tried to avoid as much as possible.39 Since college education is generally a prerequisite for admission to law school, it is necessary to take college preparatory courses in high school. Many state bar associations explicitly require a high school diploma. Although it is impossible to recommend certain programs of study, those that stimulate the intellect are highly recommended. The most valuable are those who develop attentive reading and accurate writing skills that are used throughout the student`s professional life. The reasons are obvious.
For example, a school may have more sophisticated teaching tools; Another may have a larger library. A school that is “the best” for one person may not be “best” for another. All recognized law schools consistently produce graduates qualified to occupy a prestigious place in the legal profession. Autonomy from the state is relevant for the legal professions for two reasons. First, a degree of independence of the judiciary from the executive is not only crucial to the establishment of a rules-based State; Second, the autonomy of the profession itself is the key element of this institution, because without it, no independent collective action will be possible. The struggle for judicial autonomy was found in the France of the eighteenth century, where parliaments (sovereign courts with judicial and legislative functions) sought to extend their powers and control the person of the king and the power of the royal court. Lawyers were the parliaments` most loyal allies. They supported the independence of parliaments by pushing for effective general strikes that paralyzed the judiciary and becoming political thinkers of struggle.
The lawyers articulated the foundations of the moderate state with slogans such as “laws are real contracts between those who govern and those who are governed.” Since the 1870s, the United States Bar Association has vigorously sought to immunize federal and state courts from scrutiny by presidents or governors, congressional or state legislators, and federal, state, and local bureaucracies. In Germany, where the judiciary was subordinated to the state, the lawyers` campaign for a “free bar association” began in the 1830s with the aim of achieving the institutional separation of judicial and administrative power and the autonomy of the law while respecting judicial precedents. This movement reached its peak in the Reich Laws of Justice of 1877-79, and deteriorated until the rise of National Socialism. The lawyer may spend a day researching a law library; The next conference with customers. The morning can be spent in court, and the afternoon can be spent at the scene of a workplace accident. Many hours are spent writing legal arguments, reports or documents. All the while, great attention must be paid to the details of the practice office. It is difficult to generalize the structure of the profession, because the lawyer`s relationship with capital, his contribution to the development of Western capitalism, the mediating functions he plays between the state and capital, and the role he plays in defending powerless and socially excluded groups are among the main themes of a more critical sociology of the legal profession.