Legal Education System in the UK an Overview

Background

The legal education system in any nation is dependent on the system of law it adheres to as well as national policies related to higher education and the demands for the profession of law. The UK is not an exception in this respect. The legal education system in the UK is based on the system of common law that was created through legal decisions of the courts and customary laws that were formulated through the practice and traditions that were followed for hundreds of years. Regarding academic quality and professional education, UK legal education system is among the most advanced law schools in the modern world.

There are three distinct legal jurisdictions in the UK: i) England and Wales, ii) Scotland, and iii) Northern Ireland. The three jurisdictions are all based on traditional common law. Remember that UK has also a friends with benefits within the EU. This means that there is a significant European integration into UK legal education. The legal education system is completely different in terms of academic and practical aspects. However, the most commonly-used element is that the law education systems of all three jurisdictions have two stages of pre-qualification- the Academic and Vocational stages. Still, each stage has its distinct features. The academic stage is primarily concerned with studying legal doctrines, texts, and concepts, as well as identifying fundamental legal concepts. In contrast, the Vocational stage focuses more on competencies and skills that lawyers who practice require a foundation in substantive law in the academic phase and then procedural training in the vocational stage.

The Academic Stage

The Academic stage is typically comprised of postgraduate and undergraduate programs provided by the majority of universities in the UK universities. The academic phase involves obtaining a standard law degree (also called a "qualifying law degree") in contrast to a non-standard one. The Bar Council of England and Wales (BC) and the Law Society (LS) decide which law degrees will help lawyers in their future.

Postgraduate degrees generally do not meet the requirements of the definition of a Standard-legal degree. Not all law school degrees offered to undergraduate students are Standard for this reason, e.g., the undergraduate degree provided at the University of Derby. To qualify by BC/LS as a Standard law school, following BC/LS regulations, the law degree should possess a full curriculum covering specific 'foundation' or "core law courses.

These include many different laws like the Law of Obligations (contract and tort), Equity-Trusts, Property Law and Law of Obligations (both public and private), Criminal Law, Evidence, European law, and many more. These fundamental courses are founded on UK law and not the laws of other jurisdictions.

As a result, most degrees issued by overseas universities are not standard to the point of the BC/LS. A few postgraduate degrees are offered at the University of Leeds and a few other institutions that disqualify the holder from completing the academic phase, making it a legal standard degree. For instance, the two-year LL.M. course provided at the Leeds University University of Leeds is a prominent illustration of the de jure standard degree.

The undergraduate course

The law degree for undergraduates is the most well-known method of admission into the legal profession. The law school's undergraduate program typically results in the designation of a Bachelor of Laws or a Bachelor of Arts or joint honours degree. A common thing in all around England, and the LLB course can last for three years.

However, in Scotland, the course is typically an all-year course. The undergraduate courses aim to impart a broad understanding of the legal system, laws and the legal system to students. The undergraduate course could include these subjects such as legal law on Property and Labour, Laws on Discrimination and Employment, Environmental Law, Equity and Trust, Competition Law, Consumer Law, Intellectual Property law and Administrative Law, Constitutional Law and law of Contract, the Law on Torts, laws on Restitution, Tax Law as well as Legal Theory, Legal Philosophy and Medical/Mental Health Law, Company Law, International Law as well as Conflict of Laws the law of the Land, Civil Law, Family Law, EU Community Trade, Public law and more. However, certain subjects must be considered "core" subjects in the undergraduate program to qualify as a standard degree.

Postgraduate course

The postgraduate program aims to provide a thorough knowledge of a particular subject area. It will provide students with an analysis of the current issues and provide new ideas, as well as the most advanced research in the discipline. Postgraduate programs are targeted toward specialised studies in a specific area. 

Method of study

Postgraduate and undergraduate courses are available on a full-time or on a part-time basis. However, part-time programs are usually available to EU/home students and are not accessible to students from abroad in the majority of cases.

Distance Learning Programme

The majority of universities have an internal program. Some institutions also offer distance learning or an external program for undergraduate and postgraduate programs. External programs are offered at the University of London, University of Essex, University of Wolverhampton and a few other universities.

Session for academics

In the majority of UK institutions, the academic sessions begin in September. However, some institutions also have a session in January.

Institutions

Legal education is provided in both colleges and universities. However, the LLB is studied in Bangladesh or other places, universities and colleges retain a certain degree of similarity regarding the duration of courses and the quality of the curriculum. But, in some instances, the terms university' and "college" are interchangeable, and the distinction appears to be more semantic than actual, especially when colleges constitute the unit of a university. 

Curriculum

The legal curriculum is developed by institutions and in conjunction with relevant professional organisations. While universities are autonomous institutions, they are in charge of determining the curriculum and syllabus of the disciplines, including law. The Bar Council and Law society have a significant influence on the formulation of legal curricula within England as well as Wales. Through the years, Bar Council and Law Societies have released several joint statements that outline the required content of the curriculum for law classes.

Every academic year can be divided into terms or semesters based on the model of an institution. Every academic year can comprise three or four terms that last between 10 and 12 weeks. In contrast, every academic year typically includes two semesters. Every student will be taking four full subjects or eight half subjects or modules every year.

Students can also choose optional modules or courses based on the choices provided by the law school. Legal theory or Jurisprudence is a choice offered by almost every law school. In the UK, the practice of teaching law and legal systems is different from European states, which is popular. 

Research Components

Research is always prioritised in UK universities. Universities are increasingly putting a value on developing skills in research at both the postgraduate and undergraduate levels. Research components are heavily in postgraduate courses. At postgraduate levels, the course can be taught in a research-focused manner or partially research-based if it is taught as by.

Alternative Law Degrees

The law degree alternatives are offered to non-law students who first earned an undergraduate degree from another discipline. This was known as Common Professional Examination (CPE) or as the postgraduate Diploma in Law (PGDL). It typically lasts for one year. It is, however, offered by a vast number of universities. It offers instruction on the law-related subjects required by professions to get to the vocational stage. GDL/PGDL is primarily aimed at students with undergraduate degrees in fields other than the law field, e.g., an economics, political science or science graduate of a UK university who is now aspiring to pursue a career as a solicitor or barrister

Students with degrees from overseas can generally participate in GDL even if they hold the Master's degree they earned in their country of origin. However, international applicants can be admitted only after completing their postgraduate degree at the UK and European Universities. The successful accomplishment of the Academic Stage for candidates who want to be enrolled in the Vocational Stage (i.e., the Bar Vocational Course or Legal Practice Program) to become Barrister.

Legal Skills and the Clinical Legal Education Programme

The development of legal skills and a clinical legal education program is recognised as a standard element of the program. Learning about legal skills is incorporated into the curriculum, whether explicitly or implicitly. The explicit incorporation can be described as the point at which the legal skills are an integral part of a unit focused on specific skills. The implicit incorporation is the scenario where legal knowledge is taught to students as part of a larger education process. Most law schools incorporate explicit instruction of legal knowledge into the course units.

In most universities, law knowledge is taught in the clinical legal education program (CLEP) to impart knowledge on the legal process, Alternative Dispute Resolution, and the public function of lawyers and professionals. Legal schools are increasingly adopting the clinical legal education program as a method to impart practical knowledge. CLEP is being implemented in a few UK law schools to increase the learning experiences and understanding of substantive law, the legal process, ethics and the importance of law in society. The course will require students to deal with legal expertise (drafting research, advocacy, as well as negotiations) in addition to transferable skills (communication, problem-solving group work, organizational and study abilities, and the use of technology).

Through the clinical legal education programs, students are exposed to the unstructured legal challenges that arise from real-world problems. The clinical legal education model is a way for students to be taught through experiences or by 'doing the law. Legal education in clinical settings is delivered through two methods: live-client models and simulation. Live-client clinical activities aim to expose students to engaging in real-world situations with real clients. The goal is to teach by solving problems in a real situation with a client. Simulation-based legal education program refers to learning processes through presenting cases or even parts of cases with no real-life clients and based on real or fictional details but performed as if the cases were happening.

However, this American introduction of CLEP must go far before it is recognised as a standard curriculum within law schools in UK legal schools. The most famous universities like Oxford, Cambridge and most of the older law schools cannot recognize CLEP. Because the primary issue of this particular program is that it requires live-client interactions, against this, there is already a variety of laws and regulations about practice in place. 

Additionally, there is an academic argument to support this, that the purpose of law degrees in the UK is not to produce practicing lawyers just. They also aim to produce legal academics, consultants, administrators, politicians, policymakers, campaigners, activists etc. So, it is not essential to train all students in the practical aspects of legal training during their initial years of study since not all students will become practicing lawyers. To acquire specific legal knowledge, it is possible to take the Vocational Stage in professional training that is available to fulfil this goal. The issue of CLEP is still battling for a place in the UK, and the level of its use varies between law schools based on their teaching philosophy and methods.

Teaching of Legal Ethics

The professional responsibility of lawyers is well-maintained and strictly controlled within the UK. In the UK, the professional obligation of lawyers is overseen by professional bodies such as the Bar and the judiciaries. Teaching ethics in law is an important aspect of vocational education, but the subject is taught at certain law schools.

Analytical Approach to Legal Education

The analytical approach that involves an examination of concepts and materials is the most popular method of study, rather than a descriptive approach that is common abroad. Additionally, law schools, such as Kent, Westminster and Keele, adopt a critical approach to studying law, in contrast to the formal legal colleges abroad. In UK law schools, students are required to analyse the legal provisions as well as statutes, regulations and statutes instead of memorizing the laws of the law. They must also explain material in light of a given issue of practical significance.

Law Teaching

The law school curriculum in UK institutions is determined by two primary aspects - the legal professionals' needs and the government's higher education policy. The teaching process is carried out through lectures or seminars, and simulation/role plays. Assessment of students is conducted through exams, essays, coursework, oral presentation, and ongoing evaluation. Debits and Mooting are both common extracurricular activities offered in law schools.

Quality Assessment

The standard of legal education in the UK is ensured through the general system of quality assurance that can also be applied to other disciplines. At present, there are several institutions and structures in the UK for assessing the quality of higher learning. The principal institution is called the Quality Assurance Agency, which ensures the comparability and transparency of university education across the entire UK.

The Agency introduced the program at the beginning of 2001 to provide precise and reliable information about the degree of education received as well as the nature and results of the university education. The Agency establishes the benchmarks and standards for giving degrees at different levels and has mechanisms to examine UK universities. To ensure the quality of their education, the institution concerned must adhere to these standards and benchmarks.

Research Assessment Exercise, commonly referred to as RAE, is a popular method for evaluating the research conducted by UK universities. RAE is focused on evaluating the quality of the work of each department of universities concerning academic staff publications as well as experiments, infrastructure facilities, as well as the publication of books and journals. To assess teacher quality, there's an additional system called TQA (Teaching Quality Assessment).

Technological Support

To provide higher education and transmit information, the use of technological support such as intranets, internet services, video conferencing, and PowerPoint presentations are increasingly being used in UK universities. The acquisition of IT capabilities is now seen as an essential part of legal education with Westlaw, Practical Law and Lexis Nexus.

The Vocational Stage of Legal Education

Students studying law who want to become lawyers must choose one of the two choices to pursue a profession and then apply for admission and pass the vocational phase. The vocational stage emphasises the practical knowledge that lawyers require.

Solicitors

For Wales and England, those who want to be certified to represent solicitors in the Law Society and professional body have to complete the Legal Practice Course or now SQE. If they pass the 3 day SQE2 exam, they must get a Training Contract from a solicitor's firm. This will give the trainee two years of further learning until the successful law student can be admitted as a solicitor or enrolled in the Register of Solicitors.

For aspiring solicitors the SQE will replace the GDL and LPC (Legal Practice Course). The SQE, unlike the GDL and LPC, is a sit-down test akin to US state bar examinations. SQE1 and SQE2 are separate sections. SQE1 emphasises legal knowledge, whereas SQE2 emphasises practical skills. After completing the SQE2, a trainee solicitor joins an office and will continue in the field for two more years. This includes formal advocacy training. The solicitors after that are required to pursue the requirement for continuing education and development (CPD), and this is accomplished by gaining credits for attending accredited classes that refresh legal knowledge or procedures or, in any other way, guide the legal practice.

Role of Professional Bodies

Law society governs solicitors. Scotland has a separate legal society known as the Scottish Law Society. The job of professional bodies includes releasing guidelines for vocational programs regarding the qualifications required for lawyers, as well as determining the legal curricula for law schools.

FINAL REMARKS

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