2006-10-11 10:58WxtyThe old man the world educational tour: tenth (two): professional degree in law

Article tenth (two): professional degree of

Law

And the certified public accountant, lawyer industry in reportage. In Hongkong Ruo Fei the Hongkong bar association or member of the law society of Hongkong and claimed to lawyers, next is to find a lawyer; instead "accountant" three words is not a member of the society of patent, as long as never before with "Practicing" two words, members of other overseas accounting professional organizations also can be called "CPA (Practising Accountants" is holding PC but year pay the patent, the other members of HKICPA Ruo Fei's PC and to the public will pay the amount of professional fees should not be called "accountant").

Accounting for non overseas accountants HKICPA enough, in contrast to overseas lawyers lawyers as a non professional jobs than overseas public accountants.

Hongkong

Hongkong to follow the British justice system, the lawyer (Lawyer) are divided into two categories:

1) lawyers (Solicitor, commonly known as a lawyer): the law society of Hongkong (Law Society of Hong Kong) membership, duties include general legal documents, contracts (such as the sale of buildings), divorce, and the lawyer as intermediary, lawyers generally see lines such as twin nurse law firms (Johnson Stokes & Master) that this category;

2) lawyers (Barrister, commonly known as the lawyer, lawyer): the Hongkong Bar Association (Hong Kong Bar Association) members, namely the general people's idea of justice personnel image: wearing decades cannot wash from white to yellow wig, put on summer will definitely sweaty black, is mainly responsible for the court in litigation matters.

Counsel must not be inviting guest, so unless the Department, new entrants first duty is to play a good relationship with lawyers, or just rent artificial has can make your excellency a year hundreds of thousands of net erosion.

If you have some experience of big lawyer can be upgraded to become senior counsel (Senior Counsel, SC), namely the return of Queen's counsel before (Queen's Counsel, QC). The Supreme Court of the court of Final Appeal (Court of Final Appeal) or before the Privy Council (Privy Council) and the air outlet and the Privy Council the same nostril Lords (House of Lords) is the old shape of the world.

Thus only two different business, no big, small points. But there are certain experience are interoperable, such as the first big lawyer Shi Weixian (Swaine, John, S.C.) in 2002 2004 to lawyers, but back to the bar.

Seniority ranking and lawyer fees are directly related to the forefront, a senior lawyer one day to charge is equivalent to the working class a year salary; and charging lawyers are lawyers own hook, the line (commonly known as Migic Circle/City Firms) of the absolute can cause a heart attack.

A condition of Hongkong lawyers, lawyers are as follows:

Education

Excluding foreign lawyers to * * * aptitude test, most of the people of Hongkong in the ranks not from the Postgraduate Certificate in Legal Studies (Postgraduate Certificate of Law, PCLL) a way. Hongkong is now the University of Hong Kong (HKU) and City University Hong Kong City U) provide PCLL courses, Chinese University Hong Kong (CUHK) will be joined in 2008.

We read into the PCLL in three ways:

Bachelor of law (1) Legum Baccalaureus, LLB): mainly for CUHK, City U and HKU, besides the most common for the University of London External Programme (London U External), in recent years the Open University of Hongkong also with Nottingham Trent University held, but in school quality is not a good choice.

2) British law common professional examination (Common Professional Exam, CPE): ancient HKU if got (not sure), now the most candidates for the Manchester HKU Space Metropolitan University CPE joint curriculum, the Open University of Hongkong and Nottingham Trent University also offer jointly with CPE.

3) law "Dr." (Juris Doctor, JD): don't give the name "Doctor" to receive, absolute JD not PhD (please refer to below the United Empire part).

JD features a student must hold a first degree, following the City U after open CUHK also joined the ranks with JD.

Like most school admission policy, grades PCLL applicants if only qualified extremely difficult in reading. In the case of the LLB, if no two class honours fine (2:1) it is difficult to guarantee can be read into the PCLL.

Of course, studying the law may not become a lawyer, but CPE was born to become outstanding lawyers in many people. However, considering the other industry knowledge regarding qualifications, when the industry to join LLB JD outside the law, graduated as a professional degree, the relative ratio of CPE a.

Recently NPC and CPPCC also introduced a benevolent: overseas law degree holders (including course jointly organized by the University mentioned above local and overseas school) in 2008 to apply for PCLL before the conversion course (Conversion programme), to further protect the interests of students in Hongkong.

Incidentally, the overseas lawyers membership qualifications are as follows (please refer to the latest policy NPC and CPPCC Webpage):

Lawyer: in the countries practicing for two years (common law) or five years (other countries) and Lawyers Qualification Examination by Overseas.

Lawyer: in the countries practicing for three years or more and by Barristers Qualification Examination.

Experience

Strangely enough, lawyers must firm trained for two years, litigation lawyers with master "only" a year can be incorporated. If there are three or more years of experience can also swap qualification, but at the same time and not part-time job two.

Because the legal cost is staggering, so in recent years, more than two additional qualifications: frame (Arbitrator or two mediators, arbitrators, Mediator). The arbitrator's decision has certain legal effect, so as to resort to legal action another choice, however, may not be applicable to all disputes, please refer to the Hongkong international support center (Hong Kong International Arbitration Centre two) and two lawyers will Webpage.

Although the two are not necessarily become frame for lawyers, but this experience can talent showing itself in frame.

Britain

As the blueprint of the legal system in Hongkong, Britain and Hongkong are almost the same as the previous method. But in Hongkong two lawyers have several times after the reform, which has some obvious differences.

A British lawyer, like Hongkong, is divided into two categories: lawyers and lawyers.

Lawyers (Solicitor): the most popular England Bar Association and the Welsh (Law Society of England and Wales) as an example, to qualify for the completion of a law degree (LLB) or conversion course (Common Professional Examination, CPE / Graduate Diploma in Law, GDL) after Legal Practice Course (LPC courses, is equivalent to Hongkong's PCLL) and up to twelve days of Professional Skills Course (PSC), and then completed two years of work requirements. Strange is the work requirements for part-time, i.e. two per week - a total of four years.

In addition to degree holders, GCSE can also be completed by expert Association (Institute of Legal Executives, ILEX) to become a lawyer, when completed. Public claim to be Member or Fellow or CPE (after examination to become a Member takes about 4 years), and become a lawyer.

Foreign lawyers also through Qualified Lawyers Transfer Test should be admitted as a solicitor in England and Welsh.

British lawyers membership requirements although complex, but with the Hongkong Institute of Certified Public Accountants (HKICPA) quite similar: three qualifications: degree, majoring in non English major degree and different practitioners holder can become a member. Although the British lawyers are rather high income and social status, contrary to the Hongkong Institute of certified public accountants.

Lawyer (Barrister): the British lawyer and for the elite, students are required to have a two class honours degree or above (2:2), CPE or GDL, then add four terminal (Inns of Court (Lincoln's) of Inn, Inner Temple, Middle Temple and Gray's Inn) Fang Kexiu read British lawyer version of PCLL Bar Course (Vocational BVC), then as Hongkong lawyer completed one year of work experience.

Like many rumors about A Level, UK Abstract A than Hongkong easy, in recent years the British quality of law school require the applicant should test National Admissions Test for Law (LNAT), will be a large number of AAA applicants to filter it again. The form and the Empire LSAT quite similar: to score multiple choice questions, and write an article directly sent to the school of law for reference, and the title of the article in the paper about all kinds of strange, more difficult than LSAT.

Although loose open test is relatively easy to obtain high scores, but also let A Level AAA be the most basic requirements to read popular discipline, and shall go through more tests and interviews can be successfully enrolled, only will match by A Level is extended to the application process. Elite subject is always elite subject, not the strength of persons pretend to play the Yu.

American Empire

Unlike the British judicial system, America lawyers called Attorney at law, and practitioners generally called Barrister (Bar). To become a Bar should be admitted into state lawyers try (Bar Exam), but because the states act of one's own free will, so the measure states qualification trouble very. Some states allow lawyers to practice his state, there are also some regarded as illegal, so the details to see Webpage about state of.

Most imperial people into lawyers road for the first complete a law degree (Juris Doctor, JD), then should be test by the USA Lawyers Association (American Bar Association, ABA) recognized Bar Exam. Because of different Bar Exam states the examination qualification also vary, so as ABA, please refer to the relevant authorities of the state.

And the British justice system is another major difference, social status and the British common law system is quite high, however America Bar although revenues, but so rich in USA this capitalist country in Bar but had been looked down. In the measure for wealth value in the country suffered people hate, visible US Bar what a despicable act.

The US Bar into a main reason for punitive damages (Punitive Damages) and the spoils system (Contingency Fee). Lawyers in order to obtain customer enjoy the amount of compensation and incite customers frequently take legal action. To make people easy to understand, first introduced in three cases:

1) American case: Liebeck V McDonald's Restaurants (1992)

A 79 year old retired old woman bought a cup of Coffee at McDonald's, driving in the US car overturned and burned. The court agreed to McDonald's Coffee too hot, so need to pay $2900000 (US $twenty million).

The amount of compensation for only $200000 for the old lady to the damage compensation (because of the need to pay part of the responsibility and reduced to 160000), the other 2700000 is the so-called punitive damages ($2700000 for two days Coffee McDonald's sales turnover), according to the logic is to make McDonald's was sent to heartache and bear in mind (I do not know next time such as Coffee not hot enough ask because of disappointment and to make the mental damages? )!

2) America case: Connie Francis V Howard Johnson Hotel (1974)

In November 8, 1974, the famous singer Connie Francis in Howard Johnson Hotel (Howard Johnson Hotel, the mainland is very ugly translation. Nobly born, with family planning naysayers? ) by a mysterious man in the room attendant uniform into the hotel room the insult, so sue the hotel for guests' safety has been neglected, thus compensated $2500000 (at the dollar strong, nearly HK $thirty million, don't forget to 1974! ), becoming the largest personal injury (personal injury) compensation, the singers are thus retired (WTO destroyed an anniversary once saw her righteousness sing).

3) Hongkong case: Chen Yuelei and Jian Yue Hotel, the Chan Yuet Lui V Ritz-Carlton Hotel (2002)

The Lushi is located in central of Yue Hotel (or The Ritz Carlton Istanbul Hotel) employees. One night in the time to drive to buy snacks will be the plaintiff (the plaintiff was 28 years old, the injury caused by a lifelong disability), if enrolled in tort law to drive focus in Lushi to purchase snacks are performing their duties to determine whether the employer shall be responsible for the acts, the court held that driving is Lushi duty a part of Lushi to buy snacks, Wan Chai has been the boss allowed, hotel staff should be on during the night of dietary and staff canteen had put up the shutters (however Jian Yue hotel staff canteen Kammy products can easily enjoy real belly into doubt, but not in the case considered).

However, with the largest America judicial system respectively, the court to obtain HK$19243576 compensation to calculate the plaintiffs (including future salaries, rent, medical etc.), the plaintiff has nearly completed the professional examination, the court refused to adopt the method of calculation and the body position accounting clerk salary calculation, although the judges believe that the plaintiff has emphasized the ability to complete the exam.

Thus America and common law to calculate the amount of compensation is not the same America court attitude, not only far less common law area conservative calculation, the punitive compensation part is Gumao hard segment. In particular, terror is the amount of compensation for the public. The jury decided, most often hear dialogue such as (when the plaintiff a broken finger): "Dear jury comrades, if now I have to cut you a finger, you are willing to pay money to my show mercy? One hundred million dollars... Well, if you think that your finger is worth $one hundred million, why I can't get the one hundred million compensation for his finger? ".

Because the lawyer failed ten cents in the spoils system didn't win, but can enjoy up to half the amount of compensation (as the agreement), the court to continue to incite customers baseless slanders point, such as the mention of a couple in a non first-tier cities Street Porter people move furniture brush the slight, even if soiled clothes into doubt, immediately surrounded by a dozen lawyers come in great numbers, and finally to pick a card to get out of it.

Lin not willing to court in Chinese habit, however general Empire people because spoils system failure can not pay a cent, make trouble with Toro and lawyer; also because the US Bar has the blood and bite habit, therefore also known as "shark" or "ambulance chasing", looked down by others.

There are three main USA law degree:

Law "Dr." (Juris Doctor, JD): join the ranks of the imperial people general legal orthodox origin, are truly blessed people but the name.

Because the imperial educational system method, medical will not be the first degree, namely all repair the reader is required to hold other disciplines degree before admission, so good show, love the limelight of Harvard University believes that if followed British law degree called Bachelor is really wronged, he is a Bachelor of the second crown grandiose name "Doctor".

At Harvard who can make out a good case sophistry, say JD and PhD are the same as the Bachelor of education degree, the credits or even more than the PhD, referred to as Doctor can not be. However, it hides the fact: the credit PhD repair only with dish, the soul is the thick paper can be a bullet. Although the JD will also make the graduation thesis, but much simpler than the general doctoral thesis. Plus there is the JSD mentioned below, so although Harvard with certainty, most of the JD will not have no shame to call themselves the Doctor.

But it also in JD in a strange position: if it is a bachelor, the entrance requirements are higher than a bachelor's, content also includes general disciplines and some study subjects (Empire many law school LLM and JD students. Classroom); if it is a master, can really be a JD turn can not find the word 'Master', and the time is much longer than master degree; if it is, as we have said, is not genuine goods at a fair price (so some academic people in the JD named "Junior Doctor").

Read into the Empire JD can really want knowledge and wealth are strong. Say first simple wealth, a year American Private University (or non residents of the state into the reading public university) a year cost at more than HK $four hundred thousand, excluding the bachelor four years before the amount of overhead, single is three years JD has been consumed by Bai, thirty thousand, relative to other degree JD is an investment degree, scholarship relatively small, so the reader is not plenty of pockets, must have debt psychological preparation.

Secondly, to be admitted to a school of law, the second is difficult, the first thirty law school most into the readers are the school was born, the average GPA 3.3-3.5 plus a bunch of extracurriculars. In addition to the school performance must test a killer Law School Admission Test (LSAT), the average admission grade point average good school about 160 points, the first school for more than 170 points, you can't get your 80-90% please give up the first school, and the problem of difficult in general university graduate first insight believe that most topics cannot read. The writing part of the test is not scoring, but will be sent to your application for admission to law school, were visible knowledge knowledge your writing, reduce dead practice pass opportunity to some extent, has become a test class, writing poor mainland students heart.

Of course, to read JD although difficult, but the benefit is great. Although US Bar is despised by a group of, but in a noble profession Empire such as news, political and economic analysis will employ many JD graduates.

Incidentally, in recent years, the Wall Street journal holdings of cram school offers online JD and Executive Juris Doctor (EJD) course, the graduates can be admitted to the Bar (California Exam California Bar Exam examination qualification is the most relaxed, even outside of the Empire graduates examination may also), although the school has the fame, but if the Bar Exam position into secondary school, tuition is low (as can be done online, single meter fees and only half the cost of general JD) and can avoid LSAT is important; EJD is not to make a complete law degree examination Bar Exam.

Master of law (Legum Magister, LLM): the main study objective does not leave the three categories: foreign law graduates to study law or test US Bar Exam Empire should be used to study a subject of lawyers, such as taxation, or to attend the JSD mentioned below paving.

Because JD can be admitted to the JD Holder Bar Exam, rarely so good to spend in the hundreds of thousands of LLM; the JSD is discussed below.

The imperial doctor of law and doctor of Jurisprudence (Doctor of Juridical Science true, JSD, there are also some school called SJD): extremely rare qualifications, the history of my old man also saw only two (secondary Yaoxian lucky strike a Yale a Harvard). To be more in name than in reality JD JSD but genuine goods at a fair price, Ph.D., even in the eyes of many higher than PhD.

However, admission to the JSD is very difficult, the general reader to obtain good performance in the repair of JD and to complete a LLM, and then re hemorrhage in three years (as PhD, many schools in the student enrolled in a year after the release to the bath, and on a part-time do the rest part). And the general law school admission is few, such as Cornell, Columbia etc. a year in more than a hundred applicants receive only 2-3.

Relatively small compared with JD enrolled in JSD, because the way "JD who has excessive loss of blood, be anxious to be sharks seeking prey; two JSD for the academic research, however, hold the JD in the Empire only (mostly hold LLM) has to be taught in the University, it is necessary to spend so much Kung Fu is a question.

Only JSD to repair the read / study in the school of law education in the Empire, LLD is courting outstanding science Xie Li or return donations (except for the few countries merchant Empire LLD research degree), the imperial law school does not confer PhD.

China

Chinese become lawyers road looks easy, in fact, the most difficult.

Climb the protocol in the resin (CEPA), Hongkong University (the mainland called "Bachelor") graduates can be admitted to have "national judicial examination, but direct examination and die is real.

The test and CICPA are both difficult to the dead,. CICPA Hongkong expeditionary force (many for Accountants) has recorded an average of 2%, some papers even The whole army was wiped out. shameful end (of course good exam mainland performance will be better); the national uniform judicial examination qualified rate was only 7% overall! Of course, there are two major premise is the judicial trial only four papers (accounting for five subjects), and test the judicial subjects in many non law degree holder (another surprise is the total score is 400 points, the passing score is 240 points, "relax" as 235 points, China law it is fair...).

Through the examination of the Justice Department awarded the "legal occupation qualification certificate", certificate of cumulative year experience can apply to become a lawyer.