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How Different Actual Practice of Law is from Law School - Essay Example

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This essay discusses the Young Lawyers Survey conducted in 2004 by the Law Council of Australia discovered.  The essay analyses the legal profession is now evolving into one of the highest paid professional occupations second only to the medical profession. …
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How Different Actual Practice of Law is from Law School
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Download file to see previous pages My placement experience helped me to realize how different the actual practice of law is from law school. According to McDockery, “the study of law is different from the practice of law”*3 and he highlights the fact that apart from writing and research skills, not much of what is learned at law school will be particularly relevant in practice. My placement experience corroborated this claim because I discovered that mere academic knowledge and the theory of law is not as important as interacting well with clients and professional code and ethics in actual practice. It was a revelation to me, as I watched my supervisor interacting with our clients and I realized that legal interviewing needs to be approached from a different angle as compared to other interviews.*4 The fact-finding mission that this entails often meets with subtle resistance from clients and especially poses a challenge when dealing with clients who are not familiar with English since there is a possibility for distortions during translation.*5 Such clients are often unaware that client privilege is their fundamental civil right as established by the Courts*6 and they are reluctant to be completely honest with their lawyers.
But this was not the only area where I discovered that practice is different from theory. While law school provided me with the background of the law, actual practice concerns the application of the law. Earlier, my understanding of the law was directed towards its mechanics, whereas I obtained a clearer perspective of the law that conditions a lawyer’s actions during my placement experience. As Bernie Marden puts it, professions today operate in a world where “public policy applies regulation, co-regulation, and self-regulation in varying degrees”*7 and this is why it was deemed necessary to introduce the Professional Standards Act of 1994 in Australia.   ...Download file to see next pagesRead More
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