Legal Profession Presentation

7/30/2019 Legal Profession Presentation

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LEGAL EDUCATION IN PRESENT SOCIETY

The legal profession must continue not merelyto react to a change society, but even more.

To help bring about needed changes, thetraining for the profession must preparelawyers to perform this function.


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THE PAST IS PROLOGUE

Spanish Rule -> United States Americans introduced among other things,

their style of life, a new system of law andeducation

Need for a law school conducted in English =UP College of Law


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THE PAST IS PROLOGUE

Emphasis was preparation for independenceand demonstrate the Filipino capacity forgoverning themselves

Spanish civil law system + US system of law Spain = family relations, property, succession US = business, commercial Emphasis on Legal Literature


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LEGAL EDUCATION TODAY

Law profession politics & governmentservice

Gauge of standards = bar examination results No system of accreditation and to fix

standards of instruction


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LAW CURRICULUM

SUPREME COURT Rules of Court, Rule 138, Sec. 5:

no applicant shall be admitted to the bar

examinations unless he has satisfactorily completed

the following courses in a law school or university dulyrecognized by the government: civil law, commercial

law, remedial law, public and private international law,

political law, labor and social legislation, medical

jurisprudence, taxation and legal ethics.


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LAW CURRICULUM

Perspective courses < Required courses Law school may ignore the requirements, butgraduated students will not be allowed to takethe bar examinations. Requirements prevent meaningful innovationsin the courses To allow the bar examinations to dominatelegal education, is to take a short sighted view

of what the law school stands for.


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OBJECTIVES OF LEGAL EDUCATION

Prepare students forthe practice of lawv.

Prepare students topass the bar examinations


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Practice of law: Majority is done outside thecourtGiving counsel to clients on personal, familyor business interests, drawing up articles of

incorporation, by-laws, planning mergers ordissolution of corporations, negotiating on

the side of labor or management mediating,

etc.


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Black letter of codes and court decisions intextbooks and commentariesCan prepare students for the barexaminations.

Are these sufficient for the demands towhich graduates must respond when mostof them reach their greatest responsibility,thirty years after they leave the school

Substantive and procedural law may changebefore the student graduates.


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42/44 courses in the usual 4-year laweducation plan are required, 2 are electives.

No opportunity to prepare for specialization,specialization starts after graduation.

Legal apprenticeship is not required.


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Most important ingredient in a lawyerseducation may well be the ability to learnby himself.

No training can place all the law at hisfinger tips.


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THE EMPEROR HAS NO CLOTHES?

Taint of ColonialismThe law is taught to conserve theprevailing interests

Reform is slowLaw is not indigenousTrend: not for isolation but for adaptationExample: American Free Speech


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THE LAW SCHOOL AND SOCIAL CHANGE

Exert leadership in the development of lawAttainment of national aspiration self-government

StudentsImpatient for reformViolent means to effectPlace trust on working within the system(some)


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THE LAW SCHOOL AND SOCIAL CHANGE

Law school is for higher educationCause for free inquiryMaking decisions freelyWorking in and out of the system


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The picture of the Quintessential LawyerHas the law profession lost its importanceIncrease of people studying lawWhen there is progress, there is law.Importance of law grows with thecomplexity of society


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Re-examination of legal concepts andinstitutions

Two important developmentsPolitical IndependenceSlavery Under Communism


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POLITICAL INDEPENDENCE

Spaniard Ruledevelopment of legal system

American Ruleintroduction of civil rights

Attempts to improve our laws to makethem more suited to tradition, custom,

and temperament


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SLAVERY UNDER COMMUNISM

Understanding affidavit making the law accessible to all

Superficial beliefs of the Filipinos in law Importance of understanding the

layman

Documents

Legal Profession Presentation