legal education & legal profession civil law system: france

LEGAL EDUCATION & LEGAL PROFESSIONCivil Law System: France

Characteristics of the Legal Profession in Civil Law Countries

Organization of the Profession• Avocats – standard lawyers, plead in court

• Avocats aux Conseils – avocats before the two high courts: Cour de Cassation and Conseil d’Etat (Avoues phased out)

• Juristes - in-house counsel, no Bar

• Ministere Public - public prosecutors and role in civil cases

• Notaires – monopoly on property transfers and certain civil transactions (wills, estates, marriage)

• Academic Lawyers - write doctrine

• Hussiers and Court Clerks

• Judges - separate profession, they go to Magistrates school

Legal Education in France• Traditionally, exclusive domain of universities• Large classrooms

• Little emphasis on personal research, developing oral expression and argument skills, rhetoric and personal opinions

• Not the Socratic method

• Rote Learning• Professors reading their materials• Legal clinics are rare

Legal Education: Avocats (Lawyers)• Academic Training

• Undergraduate Degree (3 years) to obtain une licence• Master 1 (one year - required) Master 2 ( 2year - common)

• Students pursue either a research Master or a professional Master• Students pursuing a research Master will have additional years to

complete a Ph.D.

• Professional Qualification• Oral and written entrance examinations for CAPA school• Study for the CAPA (certificate d’aptitude a la profession d’avocat)

18 Months (professional conduct, specialization, training period)• CAPA Exam

Legal Education: Other Professions

• Academic Training• Four year law degree (through M1)

• Professional Qualification• Notaires: specialized postgraduate degree for notaires or one-year

course and two year training contract• Hussiers de Justice: Two year traineeship followed by a

professional exam

Legal Education: Ministere Public (Civil/Criminal Judges)

• Academic Training• Undergraduate degree and 4 years study, need not be law, but

most are and most have advanced degree

• Professional Qualification• Must secure entrance to the ENM via examination

• First stage: written exam• Second stage: oral exam• <10% success rate

• Training at ENM (31 Months)• 11 months in public or private placements combines with courses• 14 months assisting judges/working with advocates• Merit placement exam allocates specialty• 6 months training in specialty

• Alternate Routes

Legal Education: Administrative Judges

• Academic Training• Undegraduate degree (license) need not be law, but most are and

most have advanced degree

• Professional Qualification• Must secure entrance to the ENA via examination

• First stage: written exam• Second stage: oral exam• <10% success rate

• Training at ENA (27 Months)• Alternating periods of internships and lectures (four modules)• Final merit examination determines placement• Conseil d’Etat only available to the highest ranking.• Also can pursue administrative judge post in one of the administrative

law courts outside of Paris

• Alternate Routes