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Answers to the questionnaire on professional training of lawyers - I
N° / Title /Question / Austria / Belgium / Spain / France / Italy / Luxembourg / Netherlands / GermanyA. Organization
I. university education(specialization elements to the profession of lawyer)
a) Compulsory
1) / Which courses and for how long / NO compulsory courses / NO compulsory courses
However, to be authorized to pass the entry exam to the regional training center for lawyers (CRFA), the applicant must have at least a maîtrise en droit français or an equivalent recognized diploma. This exam is organized by the University. / NO compulsory courses / Luxembourg has no complete law University studies. Students can do the first two years in the University centre of Luxembourg and after passing exams he can follow the studies in France or Belgium where he will get the diploma in law which will be recognised by the Luxembourg Ministry of Education / NO compulsory courses / NO compulsory courses
2) / Organized by:
3) / Financing:
4) / Courses given by:
5) / How are courses given:
6) / How is knowledge assessed:
b) Optional
1) / Which courses and for how long: / NO optional courses / NO optional courses.
But the Instituts d’Etudes judiciaires can prepare the candidates for the entry exam.) / NO optional courses / Depending on the Universities / Depending on the universities (exceptional)
2) / Organized by: / Bar / University
3) / Financing: / By students fees / -University
-Bar
4) / Courses given by: / -members academic staff
-lawyers and judges / By members of the academic staff, who are also lawyers
5) / How are courses given: / -Ex cathedra oral courses
-Written practical exercises / -Ex cathedra oral courses
-Oral practical exercises
6) / How is knowledge assessed: / Practical exam / Oral exam
II. Professional training(with a view to or in the course of the period of access to the profession)
a) Compulsory
1) / Which courses and for how long: / NO compulsory courses,
except – in some bars- where courses have to be taken in order to have access to the "turno de officio" (officially appointed lawyer) / NO compulsory courses
But the applicant must pass the entry exam to the CRPA, follow a training to obtain the CAPA and do a 2 years stage. / Compulsory complementary courses for 5 months in order to familiarize students with Luxembourg law / - Basic training: 50 half days courses: deontology 5, practical 15, civil proceedings 10, preparation of written documents 2, criminal proceedings 6, contentious business in administrative courts 6, fiscal and accounting law 6.
- Advanced training: 2 courses to be chosen out of a list of 15. / Tutorial groups after finishing university, 5 hours/week (for 2 years) as part of the ‘Referendariat’
2) / Organized by: / CRPA / Bar / University center and Ministry of Education / Bar / the Länder
3) / Financing: / -Bar
-State subvention
-contribution of the trainee / By trainees fees / - State / - Bar
- Trainees fees (5.800 fl)
- Ministry of Justice / the Länder
4) / Courses given by: / - -lawyers
- judges
- university professors / - academic staff
- lawyers
- judges / - lawyers
- judges
- university professors / - academic staff
- lawyers
- judges
-notaries, accountants / - university professors
- lawyers
- judges
5) / How are courses given: / Written and oral practical exercises / -Ex cathedra oral courses
-Written practical exercises / Oral ex cathedra courses / - Ex cathedra oral courses
- oral practical exercises / - ex cathedra oral courses
-written courses
6) / How is knowledge assessed: / Exam (CAPA) / Written exam / Oral and written exam / Written exam / -written exam
-oral exam
b) Optional
1) / Which courses and for how long: / Courses vary according to the bars (selection when registering / NO optional courses / 200 h. approximately during 1st year of stage / NO optional courses / Min. 2 courses to be chosen out of the following list (5 half-days each): divorce proceedings, industrial legislation, social security law, lease legislation, bankruptcy legislation. / NO optional courses
2) / Organized by: / - Bar
- institutes registered by a Bar / University /
Bar
3) / Financing: / Contribution of the student (between 150.000 and 1.000.000 pesetas depending on who organizes the courses) / - University- By trainees fees (between 700.000 and 1.500.000 liras) / Trainees fees, include in the price of the compulsory courses
4) / Courses given by: / - lawyers
- judges
- university professors (from time to time) / -academic staff
-lawyers
-judges / -academic staff
-lawyers
-judges
-notaries
5) / How are courses given: / -preferably written practical exercises
(see experiment of the Bar of Barcelona) / - Ex cathedra oral courses
- oral and written practical exercises / - Ex cathedra oral courses
- oral practical exercises
6) / How is knowledge assessed: / -practical exercises
- theoretical exam / Written exam / Practical exam
III. Continuing training (all along the career of the lawyer)
a) Compulsory
1) / Which courses and for how long: / NO compulsory courses / NO compulsory courses / NO compulsory courses / cf. Bar’s regulation / Compulsory for each lawyer to gather 16 “training points” by attending courses, teaching or publishing legal articles. / - legal obligation for each lawyer to perfect his knowledge (no control nor sanction, except ethical sanctions following a sentence to pay damages, if the lawyer is unable to prove that he attended courses;
- ethical obligation for any specialized lawyer to attend at least 10 hours of training each year (sanction: revocation of the title of specialized lawyer)
2) / Organized by: / Bar / - Bar
- private institutions
3) / Financing: / Bar / - Contribution of the lawyer
- the teaching institutions pay an amount to the Bar for each course given by a lawyer / - contribution of the lawyer
4) / Courses given by: / - lawyers and judges
- university professors / - academic staff
- lawyers
- judges
- examining magistrate invited by the teaching institution / -
5) / How are courses given: / Oral ex cathedra courses / - Ex cathedra oral courses
- written courses
- oral and written practical exercises / -
6) / How is knowledge assessed: / No evaluation / NO assessment of knowledge
b) Optional
1) / Which courses and for how long: / Courses are organized in different ways according to the bars / CRFP is responsible for the continuing training of its lawyers and organizes one or more training sessions per year / Courses from 2 to 10 h. every month / No optional courses / Professional continuing training courses are compulsory in principle but people are given the choice (see supra) / Professional continuing training courses are compulsory in principle, but people are given the choice (see. supra)
2) / Organized by: / - Bar
- university
- specialized training centers / - CRFP
- Bar (within the framework of the institut de formation continue (IFC) in Paris) / - University
- Bar
- école d’étude
3) / Financing: / Contribution of the lawyer (variable) / - CRFP courses financed by the State, the Bar and the lawyers (no more than 900 €)
- IFC courses: Bar and lawyers / Thanks to a contribution of the lawyer
4) / Courses given by: / - lawyers
- judges
- notaries / lawyers / - academic staff
- lawyers
- judges
5) / How are courses given: / Oral courses with written support / Ex cathedra oral courses (conferences and seminars) / - Ex cathedra oral courses
- written courses
6) / How is knowledge assessed: / - written or oral exam
- practical exercises / NO evaluation / Practical Exam
B. Detailed subject matters taught
UT= university trainingPT= professional training
CT= continuing training
O = optional
C= compulsory / UT / PT / CT / UT / PT / CT / UT / PT / CT / UT / PT / CT / UT / PT / CT / UT / PT / CT / UT / PT / CT / UT / PT / CT
a. International legal matters
1) / Community law / C / O / O / O / O / O / O
2) / Comparative litigation law / O / O / O / O
3) / Human rights / O / O / O / O
4) / International litigation law / C / O / O / O / O
5) / Deontology international context / O / O / O
6) / Others:…
b. Paralegal matters
1) / Use of new technologies / O / O
- computerization of practices / O
- internet / O
- databases / O
-automation techniques / O / O
- others:… / O
2) / Foreign legal terminology / C / O / C / O / O
3) / Negotiation / O / O
4) / Conciliation and mediation / O / O / O
5) / Use of ADR / O / O / O
6) / Communication/media training / O / O
7) / Oral hearings / C / O / C / O / O
8) / Argumentation / O / C / O
9) / Meeting skills / C / O
10) / Preparation of written documents / C / O / C / O / C
11) / Preparation of legal advices / O / O / C
12) / Preparation of written pleadings / O / O / C
13) / Professional liability / O / O
14) / Individual office management: / C / O
- general organization / O / O
- human resources management / O / O
- taxation aspects / O / O
- accounting aspects / O / O
- client care / O / O
- lawyers’ fees taxation / O / O
15) / Partnership management / O / O
16) / General accounting / O / O
17) / Time management / O
18) / Quality standards / O / O
19) / Marketing and advertising / O / O
20) / Others:… / deontology / O
C. Training periods
I. Within the framework of university education
1) / Which courses and for how long / According to the universities ,practical training periods in a lawyer’s practice, in the administration or a firm (between 100 and 500 h.) / NO stages within the framework of University education / Compulsory training for 2 years in a lawyer’s office / NO compulsory training periods (possibility for the student to organize them on his own) / According to the Länder, compulsory training periods (for example 3 times 1 month in Lower Saxony: by a lawyer, a judge, an administration)2) / Organized by: / university / University / - Ministry of Justice
- Bar / The student
3) / Financing: / University / Ministry of Justice / Not paid
4) / How is knowledge assessed / Oral examen / - written exam,
- oral exam,
- practical exercise
- training report
5) / Is the trainee remunerated / No / According to a legal scale: 400€ / No
II. Within the framework of professional training
1) / Which courses and for how long / Optional, 6 months to 2 years in a lawyer’s practice or within an institution (Barcelona) / 2 years training / Some months in a lawyer’s office / 3 years in a lawyer’s practise / Compulsory by law with a view to the obtention of the title of 'Volljurist': 2 years of 'Vorbereitungs-dienst' as 'Referendar(in)' in civil and criminal courts, in a public prosecutor’s office, an administration, in a lawyer’s practise(sometimes limited number of places and waiting period); 4 compulsory training periods of 3 months minimum and one training period from 4 to 6 months according to preferences; this training however is not directed exclusively towards the profession of lawyer
2) / Organized by: / -Bar
- university ("practicum") / - CRFP
- Bar / - University
- lawyer / Ministry of Justice of the Land
3) / Financing: / - Bar
- university / University / Ministry of Justice of Land
4) / How is knowledge assessed / By the guardian / Training report / Training report / Each training place issues comments. The accomplishment of training periods is followed by a State examination (oral and written part)
5) / Is the trainee remunerated / NO remuneration in principle / According to a scale fixed by the Bar / No / Removable civil servant status or employee in the civil service (about 900€/ month)
III. Within the framework of continuing education
1) / Which courses and for how long / NO training periods within the framework of continuing training / NO training periods within the framework of continuing training / NO training periods within the framework of continuing training / NO training periods within the framework of continuing training / NO training periods within the framework of continuing training / NO training periods within the framework of continuing training2) / Organized by:
3) / Financing:
4) / How is knowledge assessed
5) / Is the trainee remunerated
N° / Title /Question / Portugal / Greece / Denmark / Finland / Iceland / Sweden / Norway
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Answers to the questionnaire on professional training of lawyers - II
N° / Title /Question / Portugal / Greece / Denmark / Finland / Iceland / Sweden / NorwayA. Organization
I. University education(specialization elements to the profession of lawyer)
a) Compulsory
1) / Which courses and for how long: / NO compulsory courses / NO compulsory courses / NO compulsory courses / NO compulsory courses / NO compulsory courses / NO compulsory courses
2) / Organized by:
3) / Financing:
4) / Courses given by:
5) / How are courses given:
6) / How is knowledge assessed:
b) Optional
1) / Which courses and for how long: / No optional courses / Depending on the universities, some courses are organized with a view to the practice of the profession of lawyer / Courses of deontology and organization of the profession of lawyer (30h) / One 40 hours optional course on the role of lawyers and judges in civil and criminal matters / NO optional courses / NO optional courses
2) / Organized by: /
University
/University
/University
3) / Financing: / - / university / University4) / Courses given by: / -lecturers, professors
-lawyers / -lecturers, professors
-lawyers / -university professors, lecturers
-lawyers
-judges
5) / How are courses given: / ex cathedra oral courses / ex cathedra oral courses / -ex cathedra oral courses
-written practical exercises
6) / How is knowledge assessed: /
Oral exam
/ Written exams / Oral examII. Professional training(with a view to or in the course of the period of access to the profession)
a) Compulsory
1) / Which courses and for how long: / NO compulsory courses / 36 days of courses (12 times 3 days during the 3 years training period in a lawyer’s practice. Not compulsory for persons with a university degree earlier than 01/01/1997 / NO compulsory courses / Yes, based on law on lawyers no. 77/1998:
Courses & Bar exam, approx. 100 hours. / 3 days’ courses:
- deontology
- professional practice training
From 1st January 2004 a bar exam will become mandatory requirement for admission to Bar Association. This exam will replace the above mentioned course in Ethics and Professional Techniques of the Law Profession / 46 hours, in addition to several hours of conference of work to be done at home
2) / Organized by: / Ministry of Justice / Special committee of 3 (appointed by the Ministry of Justice, one by the law faculty of the University of Iceland and one by the Icelandic Bar Association) organizes the courses and the Bar Exam in co-operation with the Icelandic Bar Association. /
Bar
/ The Bar Association and the association of all Norwegian lawyers (JUS) whose purpose is to organize courses for lawyers3) / Financing: / The person in charge of training / Contribution of the trainees (approx. 2.200 €) / - Bar
- Trainees fees (4.900 SEK for assistants to lawyers, 9.900 for those who have a firm of their own) / Contribution of the lawyer
4) / Courses given by: / - lawyers
- judges
- etc. / - professors
- lawyers
- judges / - lawyers
- judges / - lecturers, professors
- lawyers
- judges
5) / How are courses given: / - ex cathedra oral courses / - Ex cathedra oral courses
- written practical exercises
- oral practical exercises / - Ex cathedra oral courses
-Oral practical exercises / - ex cathedra oral courses
- written practical exercises
- oral practical exercises
6) / How is knowledge assessed: / Oral exam / - written exam
- oral exam
- practical exam / NO evaluation / Written exam
b) Optional
1) / Which courses and for how long: / Seminar every year for 30-40 hours for each field of law / NO optional courses / NO optional courses / ? / A large variety of courses exists / Some of the courses arrange by JUS may be on professional practice, but most are on law.
2) / Organized by: / - Bar / - university
- Bar / JUS
3) / Financing: / - Bar / - Bar
- contribution of the lawyer / Fees of participants
4) / Courses given by: / - lecturers, professors,
- lawyers
- judges / - lecturers, professors,
- lawyers
- judges / - lecturers, professors
- lawyers
- judges
5) / How are courses given: / - Ex cathedra oral courses / - Ex cathedra oral courses
- Oral practical exercises / ex cathedra oral courses
6) / How is knowledge assessed: / NO evaluation / NO evaluation, in principle / Not assessed.
III. Continuing training(all along the career of the lawyer)
a) Compulsory
1) / Which courses and for how long: / NO compulsory courses / NO compulsory courses / 3 days courses a year, to be chosen:
- 'Lawyers' days: two days retraining each year (deontology and substantial law)
- courses of practice management (2days./year)
Occasional courses on:
- mediation,
- substantial law given by university / NO compulsory courses / No compulsory courses (The Bar Association is looking into the question of making further professional education mandatory) / NO compulsory courses
2) / Organized by: /
- the Bar,
- the university3) / Financing: / - the university,
- the Bar,
- contribution of the lawyer
4) / Courses given by: / - university professors, lecturers
- lawyers
- judges
5) / How are courses given: / - Oral courses ex cathedra
- Oral practical exercises (mediation)
6) / How is knowledge assessed: / NO evaluation nor control of attendance to the 3 days courses
b) Optional
1) / Which courses and for how long: / Seminars every year for 30-40 hours per field of law.
Some bars organize courses / Courses from a few hours to several days, more than 100 each year /
See. supra
/ The Icelandic Bar Association organizes approx. once a year a course for the attorneys preparing application for license to try cases before the Supreme Court, where the main rules and principles applying to such trials are looked upon on practical terms. /Several courses
/ The Norwegian Bar Association require that members take 80 hours of continuing education in 5 year periods, now the period 1.1.1999-31.12.20032) / Organized by: /
Bar
/ - various organizations and institutions- the Bar /
Bar
/ - The Bar- University / - university
- bar
- other: JUS arrange about 120-130 courses from 2 to 10 hours each year
3) / Financing: / Bar / Contribution of the lawyer / A contribution of the lawyer (approx. 150 €) / - Bar
- Contribution of the lawyer / Contribution of the lawyer
4) / Courses given by: / - university professor, lecturers
- lawyers
- judges / - university professors, lecturers
- lawyers
- judges / -lawyers
-judges / - university professor, lecturers
- lawyers
- judges / - university professors, lecturers – lawyers
- judges
5) / How are courses given: / -ex cathedra oral courses / - ex cathedra oral courses
- practical oral exercises / -ex cathedra oral courses / - ex cathedra oral courses
- practical oral exercises / Ex cathedra oral courses
6) / How is knowledge assessed: /
NO evaluation
/NO evaluation
/ ? / NO evaluation, in principle / Not assessedB. Detailed subject matters taught
UT= university trainingPT= professional training
CT= continuing training
O = optional
C= compulsory / UT / PT / CT / UT / PT / CT / UT / PT / CT / UT
?? / PT
?? / CT / UT / PT / CT / UT / PT / CT / UT / PT / CT:
a. International legal matters
1) / Community law / C / O / O / X / O / C / O / O
2) / Comparative litigation law / O / O / O / X / O / O / O / O
3) / Human rights / C / O / O / X / O / O / C / O / O
4) / International litigation law / O / O / O / X / O / O / O / O
5) / Deontology international context / O / O / O / X / O / O / C / C
6) / others:… / C / O / C
b. Paralegal matters
1) / Use of new technologies
- computerization of practices / O / O / O / C / O / O / O / O / X
- internet / O / O / O / C / O / O / O / O / X
- databases / O / O / O / C / O / O / O / O / X
- automation techniques / O / O / O / C / O / O / O / O / X
- others:… / O / O / O
2) / Foreign legal terminology / O / O / O / X / O / O / O / O / O
3) / Negotiation / X / C / O / C / O / O / O / X
4) / Conciliation and mediation / X / O / O / O / O / O / X
5) / Use of ADR / O / O / O / O / O
6) / Communication/media training / O / O
7) / Oral hearings / O / O / C / O / O / O
8) / Argumentation / O / O / C / O / O / O
9) / Meeting skills / O / O / O
10) / Preparation of written docs / C / O / O / C / O / O / O / X
11) / Preparation of legal advices / O / C / X
12) / Preparation of written pleadings / X / C / O / O / C / O / O / O
13) / Professional liability / C / O / C / O / O / O / X
14) / Individual office management:
- general organization / O / O / C / O / O / O / O
- human resources management / O / O / O / O
- taxation aspects / O / O / C / O / O / O
- accounting aspects / O / O / C / O / O / O / X
- client care / O / O / C / O / O/C / O
- lawyers’ fees taxation / O / O / C / O / O / O
15) / Partnership management / O / O / C / O / O / O / O
16) / General accounting / O / O / O / O / O / O / X
17) / Time management / O / O / O
18) / Quality standards / O / O/C / O
19) / Marketing and advertising / O / O / C / O / O/C / O
20) / others:… / ethics / O / Codex ethicus / Court procedure
C. Training periods
I. Within the framework of university education
1) / Which courses and for how long / NO training periods within the framework of university education / NO compulsory training periods, but most of the time students work part-time in lawyers’ practices or in the Civil Service / NO training periods within the framework of university training / A compulsory 2 months training period, in law offices, courts, other official institutions where law degree is required / NO training within the framework of university training / NO training within the framework of university training2) / Organized by: /
University
3) / Financing: / Employer4) / How is knowledge assessed / Report on the training
5) / Is the trainee remunerated / Depending on the free convention of the parties
II. Within the framework of professional training
1) / Which courses and for haw long /
Optional courses of 30-40 hours of - civil law
- civil procedure- criminal law
- criminal procedure
- commercial law / 3 years in a lawyer’s practice compulsory / ? / ? / An applicant must have practised law for 5 years after passing the “juris kandidat” exam, during which he/she is devoted for 3 years to professionally assisting the general public, as assistant to a lawyer or as self-employed. It is up to each and everyone to get employed at a law firm and practise as an associate (trainee). / See A. II a) 2
2) / Organized by: /
Bar
/ JUS3) / Financing: / Bar / Trainees fees
4) / How is knowledge assessed / Written and oral exam, / Written exam
5) / Is the trainee remunerated / According to a scale fixed by the bar and to free convention of the parties / According to the free convention of parties / No
III. Within the framework of continuing education
1) / Which courses and for how long / Possible for lawyers to be appointed as judges for 3 or 9 months – not compulsory- / No training within the framework of continuing education / ? / NO training within the framework of continuing education / See A. III b) 12) / Organized by: /
Bar
/ JUS3) / Financing: / Bar / Trainees fees
4) / How is knowledge assessed / NO evaluation / Not assessed
5) / Is the trainee remunerated / NO remuneration / NO
N° / Title /Question / EnglandWales
Solicitors / EnglandWales
Barristers / Northern Ireland
Solicitors / Northern Ireland
Barristers / Scotland
Solicitors / Scotland
Advocates / Ireland
Solicitors / Ireland
Barristers
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