Professional Documents
Culture Documents
BODY
In the France and the United Kingdom, the practice of lawyers is a prestigious
industry because it requires a lot of intelligence and ability.
In England and France, lawyers are under the management of a bar association
or bar association. In the UK counsel counselor is under the management of the Bar
Association, litigants under the management of England and Wales Bar
Associations. In the France, it requires law practitioners to be members of their state
bar association.
1. Profession of lawyer
a. Practice conditions
In the UK, local law firms provide services in the areas of family law, civil
law, testimonial certification, property transactions ... Large city companies often
specialize in corporate law. , commercial law, tax law, banking law, civil law or
labor law ...
While in France, in spite of practicing law, they wish to practice must also be
members of the bar association. But may be a member of one of the 183 bar
associations in France. It can be understood that French lawyers are not restricted to
the scope of their practice to a certain extent as in the UK.
Foreigners can also practice law in France. There is, however, a distinction
between the conditions of legal practice between persons coming from European
Union countries (CAPA certificates exempted from the university diploma of the
country of their nationality) and persons from other countries. Must be a member of
the European Union (must pass the exam to get the CAPA certificate as for French
citizens want to become lawyers).
2. Profession of Judge
In the UK, federal judges are appointed by the President and the Senate.
Judges are sometimes elected for a fixed term and the majority of the judges are
appointed. In some state, first appointed by the governor and will then be
periodically postponed for voters to vote through reappointment so that they can
continue to work as judges. Candidates for junior-level judges are not necessarily
lawyers.
In France there are also two types of judges: prosecutors (standing judges) and
judges (sitting judges). For judges who act as prosecutors, the appointment shall fall
under the competence of the Ministry of Justice (the Department for Management
of Courts). In this case, the Ministry of Justice consulted with the Supreme Judicial
Council, then submitted to the President a decision to appoint. For a trial judge, the
Supreme Judicial Council has the power to recommend the appointment of members
of the Supreme Court of Justice, Chief Judges of Appellate Courts, and Chief Judges
of Superior Courts (totaling approximately 350 position), then submit to the
President for decision. In the remaining cases (primary and appellate judges), the
MOJ consulted with the Supreme Judicial Council before making the appointment
decision (however, the opinion of the Supreme Judicial Council This case is binding
on the Ministry of Justice, which means that the Ministry of Justice can not appoint
a judge if there is a protest from the High Court.
CONCLUSION
From the basic characteristics of the legal profession in France as well as the
comparative view, in comparison with the characteristics of the legal profession in
the UK, it can be seen that the practice of law in different countries The comparative
perspective gives us a better view of the general practice of law. Particularly in
France and the UK, the two states have different forms of government, as well as
two different legal families, the Common law family and the continental European
legal family. Comparing the legal profession between the two countries not only tells
us the difference between them but also helps countries learn more from the foreign
legal system.
REFERENCES
1. https://www.cnb.avocat.fr/en/legal-profession-france
2. Tang Thi Trai Le, The French Legal Profession: A Prisoner of Its Glorious
Past?, Hanoi, 2014
3. https://e-justice.europa.eu/content_legal_professions-29-fr-
en.do?member=1
4. Quintin Johnstone, An Overview of the Legal Profession in the UK, How
That Profession Recently Has Been Changing, and Its Future Prospects,
Yale Law School, 2008
5. https://www.americanbar.org/resources_for_lawyers/profession_statistics
.html