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Download - Abyssinia Law

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IOWA LAW REVIEW<br />

[Vol. 53<br />

www.abyssinialaw.com<br />

sound in light of the differing degrees of competency that are necessary<br />

for practice in the various courts. There are also provisions for suspension<br />

and disbarment of advocates. Charges of improper conduct<br />

are referred to a committee which makes recommendations to the<br />

Minister of Justice. The Minister then makes the final decision.<br />

In practice, most of the advocates have had no formal legal training,<br />

and the level of practice is not high. The emphasis on orality and presentation<br />

before the court remains. Most of the advocates are not<br />

skilled in drafting pleadings, legal documents, or in following proper<br />

procedure. This situation is likely to continue for some time. The<br />

needs of the government for qualified lawyers are so great that practically<br />

all of the university-trained lawyers are employed by government<br />

agencies, and this will continue to be so. There seem to be no<br />

present plans for the upgrading of the profession by more formalized<br />

admission requirements, though tests are being given more frequently<br />

to applicants.<br />

It would not be feasible to upgrade admission requirements sharply<br />

at this time. This would simply mean that there would be fewer persons<br />

to practice law, and an advocate who has at least some experience<br />

is likely to do a better job of presenting the case than the parties.<br />

However, some improvements might be desirable. The most effective<br />

method might be to seize upon the provision in the rules authorizing<br />

the Minister to limit an advocate to practice before the lower courts.<br />

An advocate would be limited to such practice unless he could pass<br />

a fairly rigorous examination. Since the more important cases come<br />

before the High Court, an advocate would have more inducement to<br />

improve his knowledge of law and procedure. This would insure that<br />

the more qualified advocates were practicing before the High Court,<br />

which is where the more qualified judges are sitting. Also, it would<br />

be desirable if a uniform admission test, such as that given to applicants<br />

for Woreda judgeships, were employed. However, the primary<br />

efforts must be to upgrade the quality of the judges. When this is<br />

done, the standards of legal practice can be raised accordingly. In<br />

the final analysis, though, it will be quite a while before the legal<br />

profession may be considered to be "developed."<br />

IV. CONCLUSION<br />

In tracing the development of a legal system such as that of Ethiopia,<br />

it can be seen that the evolutionary development with which we are<br />

familiar could not take place. There was the need to create a modern<br />

legal system as soon as possible. The development of that system had<br />

to be structured and planned. It was decided that the main body of<br />

law should consist of comprehensive codes along the continental model.

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