The US-American and the German legal education systems stand almost at the opposite ends of a continuum: The US- legal education system is based on the Anglo-Saxon model; whereas the German legal education system is mainly based on traditions dating back to the middle ages. The following pages intend to give the reader a first impression about the main differences in the legal education system of bo th countries, especially of the licensing requirements and a view in the work of an US -american and a german lawyer.
Contents
INTRODUCTION
1. LEGAL EDUCATION IN THE USA
1.1 LAW SCHOOL & LICENSING R EQUIREMENTS
1.2 WORK OF AN AMERICAN LAWYER
1.2.1 Drafting Documents
1.2.2 Negotiating
1.2.3 Counseling Clients
1.2.4 Litigation
1.2.5 Representing
2. LEGAL EDUCATION IN GERMANY
2.1 LAW SCHOOL & LICENSING R EQUIREMENTS
2.2 WORK OF A G ERMAN LAWYER
CONCLUSION
Purpose and Topics
This essay aims to give a first impression of the main differences between US-American and German legal education, particularly their licensing requirements and the work of lawyers in each country.
- Admission to law school and undergraduate prerequisites in the United States
- US bar examinations and licensing across state lines
- The case method and the work of American lawyers
- German university law studies and state examinations
- The German Referendariat and admission to practice
- Contrasts between the two systems and their approaches to legal training
Excerpt from the Book
Law School & Licensing Requirements
After graduating from school, a prospective law student can choose a law school of his choice.
One of the main differences in contrast to the US-legal system are, that there are no admission processes for entering a law school. As law schools in Germany are part of state universities, there is also no tuition fee charged. Even some schools are „unofficially“ more renowned than others, all german law schools provide approximately the same academic training. As a matter of fact, the attended law school does not have any specific significance for later hiring decisions.
Another main difference in comparison with US - law schools lies in the number of semesters taken at a law school. The number of semesters depends on the work speed and personal circumstances of a student. Usually, the average is eight to ten semesters. The subjects, required formally by legislation, concentrate upon basic areas of german law. At the same time, optional subjects including philosophy, international law etc. are offered.
After completion of each semester the student will be awarded grades („Scheine“). These grades will be gained through essays or completing written work for evaluation of the courses taken; but they play no role in the calculation of the final degree marking. The final degree consists of two exams:
The first state exam („Erstes Staatsexamen“) and the second state exam („Zweites Staatsexamen“ or „Assessorexamen“). The first exam consists of five day written exams, a four-week take home exam, a one-day oral examination before the board, and covers every important area of the law. It is administered by a state board associated with a superior court. Nearly 60% of the students pass the examination; whereas most of them earn grades at the very bottom of the scale.
Law school graduates are not automatically admitted to the german bar after passing the first state exam. They have to complete a two-year rotation clerkship („Referendariat“) before becoming fully admitted as an attorney („Volljurist“ or „Assessor“). Each graduate („Referendar“) has to spend a few months in a law firm, a government agency, a judge´s office at a court and a district attorney´s office. During their clerkships each graduate is awarded a small remuneration from the government of around 900 Euros per month.
Chapter Summaries
INTRODUCTION: The essay sets out to compare US-American and German legal education, focusing on licensing requirements and lawyers’ work.
1. LEGAL EDUCATION IN THE USA: This chapter describes the undergraduate degree and law-school training required to qualify as a lawyer in the United States.
1.1 LAW SCHOOL & LICENSING R EQUIREMENTS: It outlines admissions, the three-year law-school curriculum, bar examinations, and rules for practicing across state lines.
1.2 WORK OF AN AMERICAN LAWYER: The chapter organizes lawyers’ work into five areas: drafting, negotiating, counseling, litigation, and representation.
1.2.1 Drafting Documents: Drafting is presented as a technical skill that can clarify parties’ rights and duties and help resolve disputes.
1.2.2 Negotiating: Lawyers seek possible outcomes and work toward the best achievable out-of-court settlement for their clients.
1.2.3 Counseling Clients: Counseling includes legal advice, assessing a client’s position, and responding to clients’ interpersonal and emotional needs.
1.2.4 Litigation: The essay describes courtroom advocacy, including presenting disputes, arguing before judges, and applying rules of evidence.
1.2.5 Representing: Lawyers may represent clients, including businesses, before state and federal regulatory agencies.
2. LEGAL EDUCATION IN GERMANY: This chapter introduces Germany’s civil-law tradition and contrasts its legal education with the American system.
2.1 LAW SCHOOL & LICENSING R EQUIREMENTS: It covers university study, state examinations, and the clerkship required before full admission to the German bar.
2.2 WORK OF A G ERMAN LAWYER: The essay describes German lawyers’ work as comparable to American lawyers’ work, including drafting, negotiation, and client counseling.
CONCLUSION: The author discusses criticisms of both systems and argues that legal education should better meet contemporary practical needs.
Keywords
American legal education, German legal education, law school, licensing requirements, bar examination, case method, legal reasoning, state examination, Referendariat, legal practice, litigation, negotiation, client counseling
Frequently Asked Questions
What does this essay examine?
It compares legal education in the United States and Germany, with attention to lawyer licensing and professional work.
What are the essay’s main subject areas?
Its central topics include law-school admission, curricula, qualifying examinations, clerkships, and the day-to-day work of lawyers.
What is the essay’s primary aim?
It aims to give readers a first impression of the main differences between the two systems.
What research method does the author use?
The essay presents a comparative discussion of the two legal-education systems and cites online materials and a lecture script in its bibliography; it does not describe original empirical research.
What does the main body cover?
It explains US law-school admission and bar licensing, five categories of American lawyers’ work, and German law studies, examinations, clerkship, and legal practice.
Which keywords characterize the essay?
American and German legal education, bar examinations, the case method, state examinations, and the Referendariat are among its key terms.
How does the essay describe the German route to becoming a lawyer?
It describes university study, a first state examination, a two-year rotation clerkship, and a second state examination before applying for bar admission.
What does the essay say about the American bar examination?
It discusses state bar examinations, including the MBE, MPT, essay questions, and the MPRE required in many states.
Which five activities does it identify in the work of an American lawyer?
Drafting documents, negotiating, counseling clients, litigation, and representing clients before regulatory agencies.
- Arbeit zitieren
- Sebnem-Isil Keskin (Autor:in), 2003, A Brief Explanation of American and German Legal Education, München, GRIN Verlag, https://www.grin.com/document/22469
