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Week 10- law schools, lawyers & judges.docx

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Simon Fraser University
CRIM 135
Graeme Bowbrick

Law Schools, Lawyers & Judges July-11-13 11:35 AM I. Legal Education in Canada 1. History a. Pre-1950s  School was not necessary, was just a program  Practical and non-academic by being an apprentice then take some test to get your degree b. Post-1950s  undergraduate degree, then 3 year law degree to get your "JD" jurist doctor 2. Admission to Law School a. Opportunities  UBC, UVIC and Thompson Rivers in BC  18-19 schools in Canada, and admission is very competitive b. Measures of Eligibility : GPA & LSATS  Combination of both GPA and LSATS eg. UBC 50-50 weighing, UVIC 70-30  Undergrad degree of any concentration, no such thing as a pre-law degree  GPA: requires 3.7 +  LSATS: test logical/analytical reasoning (4 hr test, mc), 75th percentile c. Categories of Admission  General Admission  Strict competition  60% of admission have become women because they are more qualified  Discretionary Admission  10-20% reserved to designated groups  Groups that have had obstacles that as affected their gpa  Aboriginal students, Access students (any disability) and Mature students (late 20s or older)  Once any of these students are admitted, they do not have any special treatment, they are treated like everyone else 3. Curriculum a. Three year program. First year is standard foundation courses and are fixed b. Second and third is more open to electives, thus you can chose your type of law eg. Public, admin, business, etc c. Debate: practical vs academic II. The Legal Profession 1. Legal Framework  School only gives you a law degree. In order to become a lawyer you still need authority  Self-governing profession  Member of "Law society" of BC -> given legal authority to become a lawyer  Lawyers set the standards of conduct, standards of how to be a lawyer, and standards of discipline 2. Admission to the Profession o Law society : hence to become a lawyer o 10,000 members of the law society o Requirements:  Law degree  Another year of training after law school from the law society:  Articling  Professional Legal Training Course (PLT) o 4 Skill Training : draft a contract, interview a client/witness, introduce bills, paperwork -> Evaluation o Bar Exams: 2 exams that require you to demonstrate efficiency (knowledge based) o Barrister and solicitors  If you are a lawyer, you cannot be both  Barrister: courtroom work, litigator eg. Prosecutor  Solicitor: non-courtroom work, more legal work outside of courtrooms The Varied Nature of Legal Work o People tend to think of lawyers as those on TV always in the courtroom o ACTUALLY, lawyers spend minimum time in the court o Interviews, legal research, advice, negotiating, paperwork, etc o Some lawyers are not practicing law but still are considered lawyers Professional Standards of Conduct  Confidentiality: lawyer - client privilege  Duties to avoid conflict of interest  Eg. Woman comes to see a family lawyer, and she wants a divorce. The next day, the husband comes and asks a family lawyer and wants a divorce. The family lawyer cannot represent both sides  Respectful in the courtroom and outside the courtroom  Proper handling of trust funds  Violation with "borrowing" money from trust funds  Highly unlikely to replace money on time  Dishonourable conduct  Any form of fundamental dishonourable act  Eg. Fraud, violation of trust funds, regardless if its "law" matter or not  The law requires trustworthy, honest people as lawyers  Eg. President of the Law Society, was caught DUI, and trying to hide his criminal offense. He used mouthwash, swallowed a bunch of pills. Result,
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