FINALREPORT - The Bar Council of India
FINALREPORT - The Bar Council of India
FINALREPORT - The Bar Council of India
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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