Legal education in the United Kingdom is divided between the common law system of England and Wales and Northern Ireland, and that of Scotland, which uses a hybrid of common law and civil law.
The Universities of Dundee, Glasgow and Strathclyde, [1] in Scotland, are the only universities in the UK to offer a dual-qualifying degree. Dundee also offers a choice of either English/Northern Irish or Scots Law separate LL.B. degrees. Aberdeen offers a "Law with English Law" course in which Scots Law and English Law is taught.
Requirements for becoming a lawyer in England and Wales and in Northern Ireland differ slightly depending on whether the individual plans to become a solicitor or barrister. All prospective lawyers must first however possess a qualifying law degree, [2] [3] or have completed a conversion course. [3] [4] A qualifying law degree in England and Wales must contain modules covering the following subject areas:
Following graduation, the paths towards qualification as a solicitor or barrister diverge. Prospective solicitors must enroll with the Law Society of England and Wales as a student member and take a one-year course called the Legal Practice Course (LPC), usually followed by two years' apprenticeship, known as a training contract. [5] Prospective barristers must first apply to join one of the four Inns of Court and then complete the one-year Bar Professional Training Course (BPTC), followed by a year training in a set of barristers' chambers, known as pupillage. [3]
*Northumbria offers an 'exempting degree' in which the LPC or BVC is combined with the qualifying law degree into a four-year course
When the kingdoms of England and Scotland merged to form the Kingdom of Great Britain in 1707, the terms of the 1706 Treaty of Union that led to the union guaranteed that Scotland's legal system would continue, separate from that of England and Wales.
Scots law is founded upon Roman or civil law, although today it has evolved into a pluralistic system, using both civil and common law. As in England and Wales, lawyers in Scotland are divided into two groups: solicitors and advocates. Solicitors are members of the Law Society of Scotland, and are only entitled to practise in the lower courts of Scotland, while advocates are members of the Faculty of Advocates and are permitted to appear in the superior High Court of Justiciary and Court of Session. Membership of either (but only one) body can be attained either by sitting that body's professional exams, or by obtaining exemption through the award of a qualifying law degree and successful completion of the Diploma in Legal Practice.
The Diploma in Legal Practice trains students on the practical elements of being a lawyer in Scotland, and consists of a broad range of compulsory modules.
After completion of the diploma, students wishing to become solicitors undertake a two-year traineeship with a law firm, before being admitted as full members of the Law Society. To become an advocate, students undertake a period of training of twenty-one months with a solicitor, before a further nine month unpaid traineeship with an experienced advocate, known as devilling.
Scottish solicitors and advocates are entitled to practise elsewhere in the European Union, provided that they satisfy the requirements of the relevant EU directives. However, to practise elsewhere in the United Kingdom, further courses and examinations are required.
The following institutions offer qualifying degrees of Bachelor of Laws (LL.B.). Those offering the Diploma in Legal Practice are marked with an asterisk (*):
In England and Wales there are also one year conversion courses known as the Common Professional Examination (CPE) or Graduate Diploma in Law (GDL), for non-law graduates as an alternative to the full-length LL.B. degree course, whilst a number of institutions also offer two-year conversion courses, usually at a lower cost with a more distinguished qualification, such as a master's degree.
Scots law regulations usually require a full LL.B qualification. It is possible to complete an honours degree in any other subject, whether in Scotland or elsewhere, and subsequently undertake a qualifying accelerated two-year LL.B. (which is essentially the first two years of the honours LLB) at several universities including Aberdeen, Caledonian, Dundee, Edinburgh, Glasgow, Strathclyde and Stirling. [7] [8]
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, researching the law and giving legal opinions.
An "advocate" is a professional in the field of law. Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, in Scottish, Manx, South African, Italian, French, Spanish, Portuguese, Scandinavian, Polish, Israeli, South Asian and South American jurisdictions, "advocate" indicates a lawyer of superior classification.
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings.
Legal education is the education of individuals in the principles, practices, and theory of law. It may be undertaken for several reasons, including to provide the knowledge and skills necessary for admission to legal practice in a particular jurisdiction, to provide a greater breadth of knowledge to those working in other professions such as politics or business, to provide current lawyers with advanced training or greater specialisation, or to update lawyers on recent developments in the law.
The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to the bar". "The bar" is now used as a collective noun for barristers, but literally referred to the wooden barrier in old courtrooms, which separated the often crowded public area at the rear from the space near the judges reserved for those having business with the court. Barristers would sit or stand immediately behind it, facing the judge, and could use it as a table for their briefs.
A Bachelor of Laws is an undergraduate law degree offered in most common law countries as the primary law degree and serves as the first professional qualification for legal practitioners. This degree requires the study of core legal subjects and jurisprudence to provide a comprehensive understanding of the legal system and its function. The LLB curriculum is designed to impart a thorough knowledge of legal principles, legal research skills, and a sound understanding of the roles and responsibilities of lawyers within society. This degree is often a prerequisite for taking bar exams or qualifying as a practising lawyer, depending on the jurisdiction. Additionally, the LLB program also serves as a foundation for further legal education, such as a Master of Laws (LLM) or other postgraduate studies in law.
The Postgraduate Certificate in Laws is an intensive one-year, full-time professional legal qualification programme in Hong Kong. It allows graduates to proceed to legal training in order to qualify to practice as either a barrister or a solicitor in Hong Kong. The "LL." of the abbreviation for the certificate is from the genitive plural legum. The programme is similar to the Legal Practice Course or the Bar Professional Training Course in England and Wales, or the Certificate in Legal Practice (Malaysia) in Malaysia which focuses heavily on practical and procedural issues in legal practice, unlike a first degree in law.
The Common Professional Examination/Postgraduate Diploma in Law (CPE/PGDL) is a postgraduate law course in England and Wales taken by non-law graduates wishing to become either a solicitor or barrister in England and Wales. It is being replaced by the Solicitors Qualifying Examination (SQE) which was introduced on 1 September 2021.
The Legal Practice Course (LPC) – also known as the Postgraduate Diploma in Legal Practice – is a postgraduate course and the final educational stage for becoming a solicitor in England, Wales and Australia. The course is designed to provide a bridge between academic study and training in a law firm. It is a one-year, full-time course, and tuition fees range from £8,000-£17,300 a year. A small proportion of students may have their fees and some living expenses paid for by future employers under a training contract.
Legal executives are a form of trained legal professional in certain jurisdictions. They often specialise in a particular area of law. The training that a Legal Executive undertakes usually includes both vocational training and academic qualifications.
In the United Kingdom, Australia, Hong Kong, Ireland, and certain other English common law jurisdictions, a trainee solicitor is a prospective lawyer undergoing professional training at a law firm or an in-house legal team to qualify as a full-fledged solicitor. This period of training is known as a training contract and usually lasts for two years.
The Graduate Diploma in Law/Postgraduate Diploma in Law/Common Professional Examination (GDL/PGDL/CPE) is a postgraduate law course in England and Wales that is taken by non-law graduates wishing to become either a solicitor or barrister in England and Wales. The course allows non-law students to convert to law after university ; it is commonly known as a "law conversion course". Regulated by the Solicitors Regulation Authority, the course is designed as an intense programme covering roughly the same content as a law degree LL.B (Hons) and the main goal is to allow people with a greater variety of educational backgrounds into the legal profession.
An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are distinct practising certificates.
A training contract is a compulsory period of practical training in a law firm for law graduates before they can qualify as a solicitor in the United Kingdom (UK), the Republic of Ireland, Australia or Hong Kong, or as an advocate and solicitor in Singapore. During the training period, the participant is known as a trainee solicitor or trainee lawyer.
The Dundee Law School is the law school of the University of Dundee in Scotland. It provides undergraduate and postgraduate teaching in Scots and English law, permitting students to qualify into all three United Kingdom legal jurisdictions. The law school traces its roots to the University of St. Andrews, and has placed in the top 15 law schools in the UK on the University League Tables. The school is based in the Scrymgeour Building—named for Henry Scrymgeour, a 16th-century legal philosopher from Dundee—while the Law Library is based in the libraries building, both on the university's main campus. The Law School is part of the wider School of Social Sciences, Humanities and Law at Dundee.
The Diploma in Legal Practice or Diploma in Professional Legal Practice is a Scottish postgraduate qualification required in order to practise law in Scotland, as either a solicitor or an advocate. It is undertaken after completing undergraduate study and before commencing a traineeship.
Legal education in Hong Kong generally refers to the education of lawyers before entry into practice.
The Legal profession in England and Wales is divided into two distinct branches under the legal system, those of solicitors and barristers. Other legal professions in England and Wales include acting as a judge, as the Attorney-General, as the Solicitor-General, or as the Director of Public Prosecutions.
In South Africa, there are two main branches of legal practitioner: attorneys, who do legal work of all kinds, and advocates, who are specialist litigators. Attorneys may form professional firms and practice in partnerships, ranging in size to the "Big Five" law firms. The profession is regulated by the Attorneys Act, 1979 . See: Advocates in South Africa. There are currently around 21400 attorneys and 5000 candidate attorneys in South Africa, each of which are represented by the LSSA
Gordon John Lindhurst is a former Scottish Conservative politician and practising advocate. He served as a Member of the Scottish Parliament (MSP) for the Lothian region from 2016 to 2021. Lindhurst has also been called as a barrister in England and Wales.