Sunday, April 26, 2009

PRACTICE OF LAW

In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister, solicitor, or civil law notary.

However, there is a substantial amount of overlap between the practice of law and various other professions where clients are represented by agents. These professions include real estate, banking, accounting, and insurance.

Moreover, a growing number of legal document assistants (LDAs) are offering services which have traditionally been offered only by lawyers and their employee paralegals. Many documents may now be created by computer-assisted drafting libraries, where the clients are asked a series of questions posed by the software in order to construct the legal documents.

A Law degree is the degree conferred on someone who successfully completes studies in law. However many law degrees are insufficient education for a license to practice law by the administrative body of that jurisdiction. For example in England and Wales one needs to complete the Legal Practice Course to become a solicitor or called to the bar to be a barrister.

The first academic degrees were all law degrees, and the first law degrees were doctorates. The origins of the doctorate lie in the ijazat attadris wa 'l-ifttd ("license to teach and issue legal opinions") in the medieval Islamic madrasahs from the 9th century. The foundations of the first universities in Europe were the glossators of the 11th century, which were schools of law. The first European university, that of Bologna, was founded as a school of law by four famous legal scholars in the 12th century who were students of the glossator school in that city. It is from this history that it is said that the first academic title of doctor applied to scholars of law. The degree and title were not applied to scholars of other disciplines until the 13th century. And at the University of Bologna from its founding in the 12th century until the end of the 20th century the only degree conferred was the doctorate, usually earned after five years of intensive study after secondary school. The rising of the doctor of philosophy to its present level is a modern novelty. At its origins, a doctorate was simply a qualification for a guild—that of teaching law.

The University of Bologna served as the model for other law schools of the medieval age. While it was common for students of law to visit and study at schools in other countries, such was not the case with England because of the English rejection of Roman law (except for certain jurisdictions such as the Admiralty Court) and although the University of Oxford and University of Cambridge did teach canon law until the English Reformation, its importance was always superior to civil law in those institutions.

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