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Legal Professions in UK, US, and RO

The document summarizes the differences in legal professions between the UK, US, and Romania. In the UK, legal professionals are split into barristers and solicitors, with barristers having rights of audience in court and solicitors providing legal research and representation. In the US, there is one category of lawyer who must graduate from law school and pass the bar exam to practice. In Romania, the main legal professions are judges, prosecutors, and lawyers, all of which require a law degree and training from the National Institute of Magistracy.

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0% found this document useful (0 votes)
87 views3 pages

Legal Professions in UK, US, and RO

The document summarizes the differences in legal professions between the UK, US, and Romania. In the UK, legal professionals are split into barristers and solicitors, with barristers having rights of audience in court and solicitors providing legal research and representation. In the US, there is one category of lawyer who must graduate from law school and pass the bar exam to practice. In Romania, the main legal professions are judges, prosecutors, and lawyers, all of which require a law degree and training from the National Institute of Magistracy.

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Horvat Andreea
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Universitatea „Babeș Bolyai”- Facultatea de drept

Anul 1, ID
Horvat Andrea-Gabriela

The Legal profession in UK, US and RO

Law, in its essence, is a vast field of education and knowledge. Law is also a
power that governs a nation.
This domain has developed numeros careers and proffesions, which differs from
country to country.

In this essay, we will see the differences regarding the legal profession in Unite
Kingdom, United States and Romania.

Starting with the United Kingdom, it has a parliamentary system of governance,


this institution has two separate Houses: the House of Common and the House
of Lords. The head of state here is the monarchy.

On the other hand, United States has a representative system of a federal


Government. The head of state is the President, who is elected by the people
indirectly through a system known as the electoral college. The US Government
has three branches: the executive include the President, the legislative known as
Congress, and the judicial branches.

The form of government of the Romanian state is republic. The state is


organized according to the principle of separation and balance of powers:
legislative, executive and judicial, within a constitutional Democracy. The head
of state is the President.

The legal profession in England and Wales is split up into two main categories
to reflect the two broadly different roles within the legal system.
Barristers are members of the Bar Council of England and Wales and have
rights of audience in court. They are governed by the Bar Standards Board.
Every barrister also has to be a member of an Inn of Court. The four Inns are
Inner Temple, Lincoln’s Inn, Middle Temple and Grays Inn.

Solicitors are members of the Law Society, they do not generally have rights of
audience in court but there are some exceptions, they generally do the legal
research and can represent their clients in legal negotiations but then pass the
case over to a barrister if it is necessary to take action in court. There are also
more law careers, such as: legal executive, licensed conveyancers, patent
attorneys, Trade mark attorneys, Costs lawyers, notaries, Chartered accountants.

In US, the legal profession is forme by dual court system consisting of State and
Federal courts. The systems and functions of the state and federal courts roughly
mirror each other. The state courts system serves both trial and appellate
functions and in turn, the federal court system serves these purposes at the
federal level. The Federal Courts may be divided into Article III courts, and
non-Article III courts. United States District Courts are trial courts of original
jurisdiction for federal cases with mandatory appellant jurisdiction A criminal
case that goes to trial may end up using trial, appellant and supreme courts. This
basic structure and sequence is the same in both state and federal courts. There
is one category of lawyer in the United States, With minor exceptions, all states
require the completion of a test, known as the „bar exam,” to obtain a licence to
practice law. To be eligible to sit for the bar exam, candidates must graduate
from an accredited law school in the US.

In Romania, there are three big legal professions. În the first place, there is The
judge hears all the witnesses, analyzes all the evidence presented by the parties
to the case, and then pronounces a decision to settle the case, based on the
interpretation of the legislation and his own personal assessment. Then, the
prosecutor, wich oversees the fair application of the law and represents the
interests of the state in a lawsuit. For both professions a law school is needed,
and the courses of the National Institute of Magistracy. Other legal professions
in RO, are: lawyers, notaries, bailiff, judicial adviser, they must have studied
law, be able to provide legal advice and / or receive ongoing training

Bibliography:
1. Suport curs ID Partea 2- Livia Otilia Bradea
2. [Link]
3. [Link]
4. [Link]

Common questions

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In the United States, becoming a lawyer requires passing the bar exam, for which candidates must have graduated from an accredited law school. The bar exam is uniform across the states with some minor exceptions . In the United Kingdom, the legal profession is divided into barristers and solicitors. Barristers require membership in an Inn of Court and are regulated by the Bar Standards Board, while solicitors are members of the Law Society and typically do not have rights of audience in court unless specifically qualified for advocacy .

The governance systems of the United Kingdom, the United States, and Romania differ significantly, impacting the structure of their legal professions. The UK has a parliamentary system with a constitutional monarchy, featuring two separate Houses: the House of Commons and the House of Lords. This structure influences their legal profession, divided into barristers and solicitors, emphasizing specialization in legislative and advocacy roles. The US has a representative federal system with a president as the head of state, structured into executive, legislative, and judicial branches, which mirrors its dual court system comprising state and federal courts and a unified legal profession where lawyers must pass the bar exam. Romania, with a constitutional republic setup, also adopts the separation of powers but involves specific legal roles, such as judges and prosecutors, which require specialized education from the National Institute of Magistracy .

Legal training principles differ notably between the US's unified legal profession and the UK’s separated system. In the US, aspiring lawyers undergo a standardized process by obtaining a Juris Doctor degree from law school and passing a state-specific bar exam, which equips them comprehensively for diverse legal roles. This reflects a more generalist training approach allowing American lawyers to engage in varied legal functions. Conversely, the UK's separated profession entails distinct career paths for barristers and solicitors, with barristers undergoing trainee barrister programs and solicitors completing a Legal Practice Course. This specialization highlights a focused training approach, where practitioners receive role-specific expertise, reflecting the compartmentalized nature of the UK legal system .

In the United Kingdom, barristers and solicitors serve distinctly complementary roles within the legal process. Barristers are specialists in advocacy and have rights of audience in higher courts; they provide specialized legal representation and advocacy in court. They are members of the Bar Council, regulated by the Bar Standards Board, and must belong to one of the Inns of Court . Solicitors, on the other hand, generally do not have rights of audience in higher courts, focusing on legal research, client representation in legal negotiations, and preparing cases for trial. In instances where court action is necessary, solicitors transfer cases to barristers, making their roles collaborative .

The US court system is characterized by its dual structure, comprising both state and federal courts that mirror each other's trial and appellate functions. Trial courts, known as District Courts at the federal level, handle the initial case hearings, collecting evidence, and determining guilt or liability. If a party contests the decision, appellate courts review the trial court's judgment for legal errors and ensure laws are correctly applied, without introducing new evidence. At the federal level, these functions extend to the Supreme Court, which serves as the ultimate appellate court for constitutional and significant federal issues, similarly to how each state has its supreme court for state-specific matters .

Romania applies the principle of separation and balance of powers within its governmental structure by delineating responsibilities across three branches: legislative, executive, and judicial. The legislative branch enacts laws, the executive implements them, and the judicial branch interprets laws and ensures justice. This structure fosters a system of checks and balances aimed at preventing the concentration of power and protecting democratic principles . The President, as the head of state, operates within these branches to maintain equilibrium and ensure adherence to the constitution .

The dual court system in the United States enhances checks and balances by distributing judicial authority between state and federal levels, thus ensuring rigorous oversight across various legal dimensions. State courts address violations of state laws, whereas federal courts handle cases involving federal statutes, constitutional questions, and interstate matters. This bifurcated system allows for specialized jurisdiction, reducing potential overreach by any single court system. The appellate functions further empower the judiciary to correct errors and harmonize interpretations across different jurisdictions, reinforcing judicial independence and protecting individual rights .

In Romania, the roles of judges and prosecutors are distinct yet integral to the legal system. A judge is responsible for hearing all witnesses, analyzing the evidence, and rendering a decision based on legislation and personal assessment, ensuring a fair and just trial . Prosecutors, on the other hand, oversee the fair application of the law from a state perspective and represent state interests in legal proceedings, essentially acting as the government's legal advocate to uphold legal integrity . Both roles require a law degree and completion of courses at the National Institute of Magistracy .

Aspiring judges and prosecutors in Romania must follow specific educational pathways, starting with obtaining a law degree from an accredited university. Following their university education, candidates must complete the courses offered by the National Institute of Magistracy. This specialized training is essential for acquiring the necessary judicial skills and knowledge required to effectively serve as a judge or prosecutor, ensuring adherence to legal standards and judicial practices .

Unique legal positions highlight differences between UK and US legal practices. In the UK, the legal profession is explicitly divided into barristers and solicitors, with clear distinctions in roles and duties. Barristers specialize in advocacy, while solicitors deal primarily with legal documentation and client advice. Additional roles include legal executives, licensed conveyancers, and other specialized positions, indicating a hierarchical and specialized legal practice . In contrast, the US has a unified legal profession where lawyers generally handle both advocacy and soliciting functions, following law school completion and passing the bar exam in their respective states, showcasing a less compartmentalized legal system .

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