Training of lawyers: Conference to support the Moldovan Bar in its reforms

November 23rd, 2016 § 0 comments

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Speakers’ panel

On 18 November 2016, experts from the CCBE – including the former CCBE President, Maria Ślązak – participated in a conference to support the Moldovan Bar’s plans of reform of training of (future) lawyers. The conference was organised by the Council of Europe within the framework of the EU funded ‘Programmatic Cooperation Framework for Armenia, Azerbaijan, Georgian, Georgia, Republic of Moldova, Ukraine and Belarus‘ and hosted by the National Institute of Justice of Moldova. Reforms in the justice sector and the fight against corruption are at the centre of the assistance programmes in Moldova.

The conference allowed for a very lively and fruitful exchange between the Moldovan Bar, headed by Nina Losan, and members of the Bar as well as individual Moldovan lawyers, experts from across Europe (Finland, France, Georgia, Ireland and Poland), and representatives of the European Young Bar Association and European Women Lawyers Association.

The morning session of the conference focused on the continuous training (CT) of lawyers. Moldovan lawyers have to undergo 40 hours of training per year which is high compared to other European countries (see CCBE brief layout on CT of lawyers). There was agreement amongst participants that it would be best for the Moldovan Bar to start with a lower number of hours (to be decided by the Bar) and increase it gradually, as was done by the Georgian Bar Association. The number of hours should be set by the Bar, rather than by the Law. Currently, most of the training activities are organised by (foreign) donors and NGOs, in cooperation with the Moldovan Bar. However, the Bar has started considering how it could offer training courses, for instance, by creating a Training center. The presentations of experts have shown that Bars across Europe organise themselves differently in this respect; whereas the Georgian Bar established a training center (4-7 members of staff), the Finnish Bar has no such centre, the activities are organised by the Bar’s training department (2 members of staff), which works closely with the Finnish Bar Education/Training committee. Discussions have shown that the Bars’ decision as to how to deliver training (e.g. through which structure) will very often depend on a number of factors, including the number of lawyers, the training needs in a specific country, and the CT requirement imposed upon lawyers. Training structures are usually financed by the Bars. The courses will – in most cases – not be free, as membership fees are not sufficient to cover them. Very often, lawyers will therefore have to pay – at least part – of the training course fees. For more information on the countries’ systems, see presentations below.

The afternoon session of the conference was dedicated to the admission into the profession – the presentations delivered at the conference showed how different the rules are (see presentations below). Georgia, for instance, requires future lawyers to have ‘Higher Legal Education’, to pass a Bar exam and to carry out a 1 year traineeship, which includes a 3-months training period at the High School Advocates. The exam is done electronically. It was introduced to counter any allegations of corruption. The Finnish, French, Irish and Polish systems are different from the Georgian regime. Discussions have shown that each country’s system will have developed over years, taking into account the legal and cultural traditions as well as training needs in a certain country, which explains these differences. Most Bars will however provide for Higher Education in Law, a traineeship, and a Bar exam. The participants felt that the Georgian model, in particular the electronic Bar exam, could be something to be considered in Moldova.

The CCBE will continue to provide expertise through its members and will follow with great interest the reforms which will be undertaken as a follow-up to the conference.

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Conference participants

Presentations:

Continuous Training

Finland, France, Georgia, Ireland

Initial Training

Finland_The Bar Exam, France, Georgia, Assessment and Admission in Ireland (Solicitors)

See also publications on the website of the Bar Association of Moldova (click here) and the National Institute of Justice of the Republic of Moldova which hosted the event (click here) and .

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