In a juridical society, order and justice are maintained when individuals obey the law. However, the system of legal documents and the legal terms themselves are always out of the layman’s understanding. Therefore, society always needs people with legal expertise to assist them in matters arising from legal relations, and they are lawyers. Referring to the lawyers, most people often associate the image of dramatic legal battles, where justice is more or less governed by the vocal power of the lawyers. However, that is just a piece of the puzzle in the picture of lawyers. Today, we are here to discuss the differences between lawyers in the US and UK in some aspects.
1. Overview of lawyers in the US and UK
US and UK are two in many nations that the legal system is based on common law, so their legal system has a lot of common law’s features. Case laws are their basic sources, especially since they have the tradition of treasuring the evidence, so lawyers and judges are highly respected. Another type of legal system is continental law, which usually considers normative legal documents as the basic sources. In this type of legal system, the investigation process depends largely on the results of the investigating body so lawyers in these countries are a little less respected. Judges in the common law system conduct judicial activities without taking part in legislative activities, they can not create statutory or legal documents. Judges in common law countries are selected from reputable lawyers without term. Both of the United Kingdom and the United States follow the Common Law system, so the characteristics of the lawyer here are more pragmatic than academic.
Lawyers in Common law countries are highly respected. Since the procedure progress is litigious, parties involved in the proceedings are considered to have equal legal status. Judges are only intermediaries, they are not involved in litigation progress but they make the final decision of the case. They mostly base on the information that given by lawyers to make the decision so sometimes it is not very accurate. So the plaintiff or the claimant, whichever party wants to win the case, it all depends on the defense of their lawyer.
2. The title system of the lawyer in the UK and US
In the UK, the title “lawyers” are divided into two different types which are solicitors and barristers, while in the US they are just called lawyers.
3. Rights of the UK and US lawyers
In the UK, lawyers are divided into two different types which are solicitors and barristers. Solicitors are specialized in the field of customer consultation, have a direct relationship and fulfill customer requirements. Barristers have responsible for defending in court. They are not allowed to contact the customer directly and they have to contact through the solicitors; they receive requests and remuneration through solicitors too. They do not take responsibility for mistakes in court. They can not sue the client when the client does not pay for them because the barristers are regarded as a professional serving justice.
In the US, there is no division so the lawyers are free and usually work as individuals. They are allowed to advertise offers of personal use for business purposes. Although not divided into two categories of solicitors and barristers, the profession of law in the United States goes in the direction of specialization in the field for each lawyer.
Education of lawyer in the UK and US
– Training subjects of the lawyer in the UK and US
In the UK, law subjects are those who have graduated from high school, do not require that person have a professional degree.
In the US, law students are college graduates who must have a degree, regardless of degree.
– Training objectives of the lawyer in the UK and US
In England, the law training activity has two levels of training with the aim of equipping legal knowledge for learners and for vocational training,
However, these two levels of training do not come together but are divided into two distinct phases, each with different requirements and objectives: with the aim of equipping the legal knowledge, the learner must undergoing training at the undergraduate level. It is the process of law training and belongs to the function of the training institution licensed by the Bar Association or the Lawyers Association. So in the UK, the university teaches basic knowledge of law without focusing on practical skills as a lawyer.
In the US there is a big difference from the UK, legal education is postgraduate training to provide students with legal knowledge. Students are trained in the school to be able to work immediately. Teachers who train students as lawyers are likely to win the case in practice rather than just studying the law.
– Content of training, learning materials:
Training content, UK learning materials not only include practical sentences but also syllabuses for general science and theoretical subjects. US law schools do not have a textbook on law science but rely on real-world judgments. Training methods In the UK, major subjects are taught in the form of lectures, discussions, and sermons. Students ask questions and solve their questions. Students are encouraged to participate in discussions and discussions to develop clear reasoning skills.
The US and UK’s lawyers have a lot in common, but also have a lot of differences which we have presented above. They have their own advantages and disadvantages, but it’s definitely suitable for their country. Even though it takes a lot of time to get a qualification in these countries but their lawyer’s quality is very high. It’s easy to understand that Havard, one of the most famous universities in the world placed in the US is a law university. That means US and UK lawyers’ education is very developed.