Lawyer (trade)

History

In the Antiquity, in Greece and with Rome officiated already of the defenders; but generally, the defendant was to defend itself, under the terms of the law of Solon.

In the Kingdom of France, Philippe III Bold the writes a ordinance organizing the lawyer trade: among the rules the obligation is to lend oath, to defend a cause right and to receive moderate wages. Part of lawyers of the Moyen-âge were Clerc S, wearing a black dress which remains the costume of this profession in France.

The first mention relative to lawyers appears in capitulary of Charlemagne of 802 but in practice the bar begins only with fixing from the Parlement in 1302 and creation from the table from lawyers in 1327. The first rules of Déontologie appear then.

The Bâtonnier is the president of the council of the Ordre of the lawyers; it carried a stick in the medieval religious processions. Its role in particular consists in regulating the litigations between fellow-members. A Barreau separated lawyer from the public.

The lawyer in the world

Canada

With the Canada, two legal traditions coexist on the level of the private law. With the Quebec, the civil law (of French origin) prevails. As regards the other provinces, the Common law (of English origin) is applied. To hold the lawyer statute to the Canada, it is necessary to be titular of a diploma of first cycle of a Faculty of Law and to be member of the Bar of a Canadian province. The admission with the Bar of a province is conditional with the success of the examinations of known as Barreau and with the achievement of a training course in work environment.

In Canada, but especially in the province of Quebec, it is current to see law firms or notary's offices which employ Parajuristes or technicians in right to assist them in the performance of their duties.

The United States

The number of lawyers more than quadrupled with the the United States since 1967, especially at the beginning of the Années 1980:

1967 : : 240600 (1,3 lawyer by: 1000 inhabitants)
1980: : 350000
1987 : : 741700
2000 : : 1000000 (3 lawyers for: 1000 inhabitants)

Currently, this country counts 70 % of lawyers of the world.

Switzerland

In Swiss, the lawyer must be for the benefit of a Brevet delivered by an authority of the canton. The conditions vary from one canton to another. To be registered in the table of the lawyer-trainees, the candidate must be titular of a university bachelor in right. The inscription with the register of lawyers requires as for it the master in right.

In Switzerland, it is in general interdict with lawyer to give up by advance any fee when its customer succumbs in justice. In the same way, it is to him interdict to be made promise a remuneration with the pro missed by what its customer will touch.

European Union

In the European Union, the profession is represented and is organized by the CCBE.

Belgium

In Belgium, there is no more National order since the secession of the Orde van Vlaamse Balies . The profession from now on is divided between the Orde van Vlaamse Balies (Order of the Flemish Bars) and the Order of the Bars French-speaking and German-speaking (Article 488 S., C. jud.). They are composed by the Orders of Lawyers of the respective communities. There exists an Order of Lawyers in the spring of each county court (in each legal district).

To become lawyer, it is necessary to be laid off in right (the studies of right last 5 years) or, for the future diplomas, holder of a master in right (Article 428, C. jud.). A similar diploma delivered with a national of a Member State of the EU can be also recognized by the OBFG or the OVB (Article 428 (a) S., C. jud.).

Once laid off (or as of obtaining the master in right), the candidate must find one (or several) owner (S) of training course. To be able to be owner of training course, it has been necessary to be registered in the table of the Order in theory for at least 10 years.

After having made aim its diploma by the Public prosecutor close the Court of Appeal of the spring, it must lend oath before the Court of Appeal in the presence of the barristers president about lawyers of the seat of the Court of Appeal (Article 429, C. jud.). The oath is the following: “I swear fidelity with the King, obedience with the Constitution and the laws of the Belgian people, not to deviate from the respect due to the courts and the public authorities, not to advise or defend any cause which I will not just believe in my heart and conscience”. It can then ask the Council about registering it on the list of the trainees.

It should then follow a whole of course (WRAPPED for training certificate with the occupation of lawyer ) organized under the responsibility of the Barreau to which the trainee requested his inscription (Article 435, C. jud.). These courses are followed during the first year of training course. The trainee must make a success of in the two years the examinations which milked with the material taught. In the event of success, it will be able to solicit, at the end of three years of training course, its inscription in the table of lawyers of the Bar in question (Article 434, C. jud.).

In Belgium, the trainee fully has the quality of lawyer as of his inscription on the list of the trainees. It is thus entitled to exert all the prerogatives of them (Article 439, C. jud.). This is justified by the length of its studies of right (5 years).

Since the legal Code of 1968, the occupation of solicitor disappeared in order to decrease the number of professional speakers and thus the cost of the procedure for the justiciable one. The lawyer is from now on the only “Master of the lawsuit” since, only, it represents or assists its customer, he also has the capacity to conclude and plead for his customer.

The lawyers can plead in front of all the jurisdictions of the legal order, but also in front of the Council of State (administrative jurisdiction) and the Court of arbitration (special constitutional jurisdiction).

There is thus only one subdivision within lawyers in Belgium: that between lawyers and lawyers with the Court of appeal. The latter form a distinct bar with a limited manpower. They have the monopoly of pleading before this Court, except out of penal matter.

To the palate, the lawyers carry a toga very near to the clothing of French lawyers (Article 441, C. jud.).

France

Romania

In Romania, the access to the occupation of lawyer supposes the success with an examination of entry in a bar belonging to the National union Of the Bar of Romania. This examination occurs after obtaining from a diploma in right (4 years of higher learning). In the event of success, the trainee can request his inscription with the list of the lawyer-trainees of the Bar in question. To be registered in the table of lawyers, at the end of two years of training course, the trainee must succeed in an examination.

The United Kingdom

Famous lawyers

Historical lawyers

Contemporary lawyers

The lawyer in the culture

Literature

One will be able, inter alia, to refer to following works:

the Joke of Master Pathelin (medieval comic joke) * the Litigants of Root
the Lawsuit of Franz Kafka
the Fall of Albert Camus

Cinema

Witness for the prosecution , film of Billy Wilder according to Agatha Christie, with Charles Laughton, Marlene Dietrich, Tyrone Power, 1958
Autopsy of a murder , film of Otto Preminger, with James Stewart, Ben Gazzara, George C. Scott, 1959
Nerves with sharp , film of Jack Lee Thompson with Gregory Peck, Robert Mitchum, Telly Savalas, 1961

Remake: Nerves with sharp , film of Martin Scorsese with Robert De Niro, Nick Nolte, Jessica Lange, Robert Mitchum, 1991

Of silence and the shades , film of Robert Mulligan according to To grip Lee, with Gregory Peck, Mary Badham, 1963
Right Bank, left bank , film of Philippe Labro, with Gerard Depardieu, Nathalie Baye, Carole Bouquet, 1984
Music Box , film of Costa-Gavras, with Jessica Lange, Armin Mueller-Stahl, Frederic Forrest, 1989
not classified Business , film of Michael Apted, with Gene Hackman, Mary Elizabeth Mastrantonio, 1990
the Mystery von Bülow , film of Barbet spaniel Schroeder, with Jeremy Irons, Glenn Close, 1990
Philadelphia , film of Jonathan Demme, with Tom Hanks, Denzel Washington , Jason Robards, 1993
the Firm , film of Sydney Pollack according to John Grisham, with Tom Cruise, Gene Hackman, ED Harris, 1993
Right to kill? , film of Joel Schumacher according to John Grisham, with Matthew McConaughey, Sandra Bullock, 1996
the Associate of the devil , film of Taylor Hackford, with Keanu Reeves, Al Pacino, 1997
the Idealist , film of Francis Ford Coppola according to John Grisham, with Matt Damon, Danny DeVito, Claire Danes, 1997
Suspicion , film of Stephen Hopkins, with Gene Hackman, Monica Bellucci, Thomas Jane, Morgan Freeman, 2000
the Master of the play , film of Gary Fleder according to John Grisham, with John Cusack, Gene Hackman, Dustin Hoffman, 2003

Televised series

the Law of Los Angeles ( L.A. Law ), American series, Years 1980 - 1990
Matlock, American series with Andy Griffith, Years 1980 - 1990
Perry Mason, American series with Raymond Burr, Years 1990
Ale Mc Beal, American series with Calista Flockhart, Years 1990
Main Da Costa, French series with Roger Hanin, Years 1990
Kavanagh, British series with John Thaw, Years 1990 - 2000
The Practice, American series, Years 1990
Lawyers and associated, French series, Years 1990 - 2000

See lawyers in works of fiction: images of Épinal and representations truncated

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