12.07.2015 Views

FINALREPORT - The Bar Council of India

FINALREPORT - The Bar Council of India

FINALREPORT - The Bar Council of India

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Qualitative Improvement <strong>of</strong> the Legal Pr<strong>of</strong>ession 38In the early history <strong>of</strong> the US, there was no requirement to qualify a <strong>Bar</strong>examination for enrolling with the <strong>Bar</strong>, as admission to the <strong>Bar</strong> incolonial America was determined by the local courts. 7Usually thisadmission was based upon a candidate’s completion <strong>of</strong> an apprenticeship<strong>of</strong> indeterminate length.Additionally, in some colonies if one wasallowed to practice in the highest court, then he or she would be allowedto practice in all lower courts <strong>of</strong> that colony. However, with progressivedevelopment <strong>of</strong> the society, it was felt that admissions to the <strong>Bar</strong> weregenerally elitist and contrary to the ideals <strong>of</strong> democracy. Thus, the publicviewed the legal pr<strong>of</strong>ession as an upper class pr<strong>of</strong>ession that exclusivelycontrolled entry and favored applicants who were well-connected andwho could easily secure apprenticeships.After the Civil War, there was a growing demand for expert legal adviceto assist clients during the increasingly legalistic and regulatory society <strong>of</strong>the Industrial Revolution. 8 Thus, the idea <strong>of</strong> law schools was created withthe ideal that it would raise standards <strong>of</strong> admission and cure largedisparities in admission requirements that existed among the States. Post1870, the concept <strong>of</strong> ‘diploma privilege’ was applicable for admission to7Hansen, Daniel R., <strong>The</strong> <strong>Bar</strong> Examination: Justifications and Alternatives, (45) CaseWestern Law Review 1193 (1994-1995)8Id at 1997.REPORT OF 3-MEMBER COMMITTEE ON REFORM OF LEGAL EDUCATION

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!