As the Korean legal profession is about to undergo fundamental changes in the bar
examination and judicial training programme, it would be useful to study solicitors training contract
in England and Wales. Instead of relying on a one-off, state-admini...
As the Korean legal profession is about to undergo fundamental changes in the bar
examination and judicial training programme, it would be useful to study solicitors training contract
in England and Wales. Instead of relying on a one-off, state-administered selection test, the
education, training and recruitment of lawyers in England and Wales are carried out in a
two-stage process where i) legal education is provided by undergraduate law faculties subject to a
quality control mechanism designed to ensure a satisfactory level of academic grounding for the
candidates; and ii) professional training is provided through the mechanism of training contract
where solicitors’ firms and other organisations which have adequate resources and expertise
undertake to provide such training. Training contract operates on the basis of self-interest of
employers and those who seek to go into legal profession. The training is conducted on the basis of hands-on experience and genuine legal problems rather than hypothetical classroom examples.
Unlike the United States where professional training is entirely left to the market and to
individuals, the English system of professional training greatly contributes to quality assurance of
new members of the legal profession.
Moreover, as the relatively inexpensive trainee lawyers can be hired on a full-time basis, the
employers can have considerable advantage in cost control and enhancement of productivity. Such
a system, if introduced in Korea, can contribute to widen the scope of lawyers’ services. Since a
wider range of employers, who have so far been unable to hire lawyers due to high level of
expected salary, would then be able to hire trainee lawyers (and eventually, fully qualified
lawyers), legal profession would provide a wider variety of services. The size of legal market will
grow in consequence. Most of all, training contract is a discreet and gentle mechanism for
regulating the size of supply and demand of newly qualified lawyers. Instead of a blunt,
bureaucratic selection test which arbitrarily fixes the total number of candidates who are allowed
to pass each year, the training contract can set the total annual number of newly qualified lawyers
based on the actual, aggregate needs and demands of employers. This may well be a
break-through in the current stalemate regarding the number of new lawyers annually allowed to
qualify.