Admission to practice law
An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are distinct practising certificates.
Becoming a lawyer is a widely varied process around the world. Common to all jurisdictions are requirements of age and competence; some jurisdictions also require documentation of citizenship or immigration status. However, the most varied requirements are those surrounding the preparation for the license, whether it includes obtaining a law degree, passing an exam, or serving in an apprenticeship. In English, admission is also called a law license. Basic requirements vary from country to country, as described below.
In some jurisdictions, after admission the lawyer needs to maintain a current practising certificate to be permitted to offer services to the public.
Asia[edit]
Azerbaijan[edit]
In order to practice law, candidates must complete higher legal education, have at least three years of work experience in a legal field or field of law in scientific and pedagogical educational institutions, pass an examination consisting of a written test and an interview by the Lawyers Qualification Commission, and go through training at the Justice Academy run by the Ministry of Justice.[66]
Bangladesh[edit]
Practicing law requires admission to the Bangladesh Bar Council. In order to do so, candidates must be citizens of Bangladesh, be a minimum of 21 years old, and obtain a law degree.[67] They must pass the Bar Council Examination to be allowed to practice law.
Cambodia[edit]
Cambodia requires a Bachelor of Law or equivalent law degree, certificate of Lawyer's Professional Skill from the Center for the Training of the Legal Profession, and no misdemeanor or felony record, as well as no disciplinary sanction or administrative penalty. Unless granted an exemption, prospective lawyers must then spend a year as a trainee lawyer, either in a training program conducted by the Bar Association or by working as an associate in a law firm. Following the training period, the Bar Council will make a decision whether or not to register the prospective lawyer with the Bar Association based on whether or not the trainee fulfilled the requirements and a report on the trainee's supervising lawyer. If the Bar Council decides that the trainee does not have sufficient competence, it can order a period of additional training not to exceed one year. Applicants who satisfy the Bar Council that they are of sufficient competence are registered with the Bar Association and are allowed to practice law.[69]
China[edit]
In China, one must first obtain a recognized law degree (a bachelor's, master's, or doctoral degree) or have at least three years of work experience in certain legal institutions.[70] Those aspiring to be allowed to practice law must also have a record of good behavior. Applicants must then pass the National Unified Legal Professional Qualification Examination.[71] They must also complete a one-year apprenticeship before being granted a license to practice law.[72]
Oceania[edit]
Australia[edit]
In Australia, prospective lawyers must complete an undergraduate LL.B. or graduate JD or a Diploma in Law. All law degree courses must cover eleven specified areas of law known as the Priestley 11 in order for the degree to be recognised as a qualification for admission to practice. After obtaining a law degree, candidates must complete a practical legal training program which adheres to the Competency Standards for Entry-Level Lawyers. The requirement can be satisfied by a Graduate Diploma in Legal Studies, which is offered at various Australian legal education institutions. In Victoria and Queensland law graduates also have the option of a supervised legal training program, and in Western Australia law graduates have the option of an apprenticeship as an articled clerk.[185][186][187]
Admission to practice is a matter for each State. However, a person holding a practising certificate in any Australian jurisdiction is entitled to practise from time to time in another Australian jurisdiction without gaining admission in that jurisdiction.
New Zealand practitioners may apply for admission pursuant to Trans-Tasman Mutual Recognition Act 1997 (Cth).