Analysis of The Legal Profession - Research Paper Example

Analysis of The Legal Profession “The legal profession professes to be accessible and diverse in targeting and recruiting law graduates to the Legal Practice Course and the Bar Professional Training Course, as well as the legal profession as a whole”. I. Introduction The legal profession in most parts of the world has undergone significant changes for the past how many decades. “Just like in America, for the past two decades have seen profound transformations in its size, demographic composition, in the powers of bar associations, and in the structures and managerial strategies of organizations through which legal services are provided”1. Several factors have lead to these changes including debates on whether the legal profession has become more inclined on the commercialism aspect, rather than professionalism. According to Richard Susskind’s article ‘Legal profession is on the brink of fundamental change’, he views that: “The challenge is not to assess how commoditisation and IT might threaten the current work of lawyers, so that the traditional ways can be protected and changed avoided. It is to find and embrace better, quicker, less costly, more convenient and publicly valued ways of working.’2 In discussing commercialism, one view is: What was remarkable this time was that the leadership of the organized bar made commercialism a central concern of its rhetoric about declining professionalism and that the resulting crusade struck such a responsive chord among the bar as a whole. ‘In the past, progressive jurists and liberal law professors have chastised the bar for becoming more of a business than a learned, public oriented profession, and leaders of the bar have sometimes pointed out that a few lawyers (“ambulance chasers”) have succumbed to the profit motive.’3 However, despite of this negative perception of the legal profession, many young students are drawn to the profession of traditional lawyering because of the prestige and honor attributed to full-fledged lawyers, knowing that they can serve the community and the country for humanitarian causes. II. Duties and Responsibilities The legal profession covers several responsibilities for the practicing or supervising lawyer, paralegals, legal assistants or law students. The legal profession is considered a team work composed of lawyers, paralegals, legal researchers and the legal staff. In order for a law firm to succeed in every case assigned to it, their lawyers must be able to present well- researched and valid defenses in asserting their claims during the trial proper or when filing complaints. The secret to winning in the legal battle field requires tedious concentration by putting time and effort in the rigorous work of research, interviews and gathering of evidence. These tasks cannot be delegated to the lawyer alone. An attorney needs all the help he can get from paralegals and legal assistants working with him to build up the pieces of evidence needed for every case. It is expected the lawyers delegate some of their responsibilities to a paralegal or legal assistant in order to concentrate during presentation of evidence in court or conducting interviews with the clients. Hence, it is a given fact that a lawyer’s success in every litigation case that he handles is attributed to the impeccable research work and above reproach investigative skills his or her paralegal or a legal assistant. III. Legal Practice Course and the Bar Professional Training Course The legal practice course involves training of paralegal or legal assistants who finished a degree in law or are still currently enrolled in the bachelor degree course. Paralegals or legal assistants are almost like lawyers in the performance of their functions. “The only underlying difference is that a paralegal cannot give a legal advice and represent clients in court during trial.” 4 However, students of law, paralegals, legal assistants and legal researchers perform many of the same tasks as lawyers and spend most of their time doing the support work for the supervising attorney. However, there is a prohibition under the law that is not within the scope of practice of law, such as setting legal fees, giving legal advice, and presenting cases in court.5 It can be said the work load of the paralegals and legal assistant deserve recognition and credit because they are tasked to prepare important documents needed by the lawyers during courtroom hearings, trials and even in corporate meetings. As such, a paralegal or a legal assistant should possess fine investigative skills and which requires keen attention to details. This is vital in every case handled by the lawyers in order to incorporate the relevant facts needed to establish their client’s cause of action. This requires reference to applicable laws, jurisprudence, journals and articles which can help build the client’s case. This is the cornerstone of every litigation case assigned to a paralegal or legal assistant. IV. Training and Other Qualifications Most level-entry paralegals must possess an ‘associate’s degree in paralegal studies, or a bachelor's degree in another field and a certificate in paralegal studies. Some employers also train paralegals on the job’.6 Students who are interested to join the legal profession must start at the level of a paralegal. “The easiest way to earn am associate degree is by enrolling in community college paralegal program. For those with a college degree, they must be able to obtain a certificate in paralegal studies. There are a number of schools who are offering a bachelor's and master's degrees in paralegal studies. There are also quite a few law firms or law offices who train paralegals while they are on the job.”7 An associate degree and a bachelor's degree program is a combination of paralegal training with courses in other academic subjects. The certificate programs differ in the amount of time that they need to complete the course. Most certificate programs provide intensive paralegal training for individuals who already hold college degrees. While on the other hand, some training programs also offer legal research and the legal applications of computers, while some also offer an internship wherein the students gain practical experience for a period of time by formal training and rendering services for a few months in a private law firm, the office of a public defender or attorney general, a corporate legal department, a legal aid organization, a bank, or a government agency. Internship experience is a valuable asset in seeking a job after graduation’. 8 V. Employment and Job Outlook For students of law in the UK (England and Wales), their employment shall designate them to the positions of paralegals and legal assistants or caseworkers, which are mostly needed in law firms, the public sector, business and industry. There are several job openings waiting for them after graduation. There are no specific qualifications or experience entailed in order to qualify as paralegals and legal assistants or caseworkers, as the case may be. However, it is foreseen that the legal profession will grow bigger in the coming years so there are available institutions which offer “trainings and qualifications may be achieved in some organizations such as Institutes of Paralegal, Paralegal Distance Learning, the National Association of Licensed Paralegals and the Institute of Legal Executives. These requirements and qualifications will in a way serve as a regulatory measure”9 to ensure that quality service is achieved. VI. Ethnicity and Gender Issues of the Legal Profession According to Jonathan Rayner’s report: “Stereotyping and bias are preventing women and black and minority ethnic (BME) solicitors from furthering in their pursuit of the legal careers as report funded by the Legal Services Board (LSB) has recently discovered. In the report conducted by the University of Westminster, it stated that the legal profession is ‘segmented and stratified’ along the lines of gender, race and class. It said inequalities in pay and status are causing women and BME lawyers to abandon their careers in ‘disproportionately high numbers’. It further reports that the profession is ‘inherently masculine’ in its working patterns and general culture, and characterised by ‘possibly unwitting’ biases against professionals who are non-white or from lower socio-economic groups.”10 VII. Conclusion In my humble opinion, I believe that the legal profession is still worthy of its cause. I am confident that traditional lawyers will still emerge in the young law students. More than the profit that will be realized from this profession, it is the moral and ethical values which will prevail. I am tremendously motivated by the thought that I will be in the field of public service because the legal profession is a privilege that one earns. I plan to work harder to finish the law degree and pursue the passion of attaining the much coveted title of an attorney. It takes a lot of hard work, patience and dedication in order to achieve this goal. But knowing what lies beneath all the hardships will pay-off because I will be able to serve my clients, the community and my country, having in mind that I will be fighting for worthy causes. Such hope, fervour and passion must be instilled in every law student in order to inspire them to be the best persons they can be. A good lawyer shall be mindful that trust and confidence in him is the cornerstone of his success. Read More