Archive for September, 2011

The Meager Resources of Asian and African Legal Education

September 16th, 2011

When referring to drafting international commercial contract, high-profile facility agreement, and other commercial transaction designations as well as legal research & publication, Western-educated lawyers, legal practitioners, and legal researchers are often judged to be much more qualified than the Asian/African-educated ones.

By far, legal education in Asia is deemed lacking resources, from which other negative aspects were laid claim to; meager publications, lack of qualified instructors, as well as requiring sophistication and spontaneity from the legal practitioners and non-practitioners.

In retrospect to the cause of the above mental phenomenon, it is true that law was initially fabricated within the Western world; and over myriad of decades, laws in the Western world have become much more sophisticated and civilized than the Asian and African jurisdictions. It is even true when most law firms in Asia and Africa are owned, directed and even named after one or more Western lawyers. Law firms, law associations, law schools and other legal entities offering legal services would attract more clients or be entrusted with more esteems than the local-owned ones.

Once I have thought that cross-border business transaction and diplomacy would gravely alleviate the above status quo, but in fact it does not. But thanks to the large numbers of Western legal scholars and professors who have committed to building legal foundations for Asians and the Africans and their desires to help us in legislating our own laws. So we must be more than ready to solidify our own legal foundations, augment our being meager legal resources, and if the Western legal scholars really want to help us, they must be ready to build Asian-oriented/African-oriented legal resources and foundations.

A Western legal scholar who wishes not to be named, said that if western professors really care about you and the other five billion people living outside North American and Western Europe they would go to work in your country at its wages and use the expertise that they have gained at the expense of the standard of living of the majority of the people in the world to give something back. This is what the Asia, Africa and the Middle East, particularly need to press for; shifting resources back towards use in favor of the majority of the people in the world.

I am seeing African, Asian and the Middle Eastern law schools rising to the challenges of creating their own foundations and the legal resources originated from their owned jurisdictions, which are as good as the West. Western professors who want to enhance legal education in Africa, Asia and Middle East shall go to teach in these places for local wages or help these schools to get access to the best research resources that are available in western schools, and which in some cases have been stolen from the South. It is really true that many law schools in Asia, Africa or the Middle East have professors who understand international law better than their colleagues in Western law schools and we are seeing an increasing number of law students in Asia, Africa or the Middle East are more qualified and sophisticated than the Western-educated ones, who are being crazed with gluts of resources, since they have striven to absorbed and achieved from the meager legal resources.

Without existence of commercial, labor, and administrative courts, and internationally standardized commercial arbitration entity with international jurisdiction, like Singapore, Hong Kong and other business nations, and its meager legal resources, Cambodian law students, legal practitioners and non-practitioners shall see these challenges and be ready to penetrate through these barricades, in order to shatter this status quo.

Continuing Legal Education

September 5th, 2011

Law practitioners have different lines of specialization in the field of law. However, law practitioners from any discipline can pursue their field of expertise through continuing legal education. Continuing legal education helps these professionals update themselves on the latest developments and reforms in their respective fields. Online study material is also available for these practitioners.

Continuing legal education curriculums include specific law topics, skill development, practice management, case studies and ethics. This kind of education is conducted as lectures, workshops, and discussions in audiotape as well as videotape formats. Attorneys who have recently graduated are expected to fulfill their continuing legal education requirement by taking accredited intermediary continuing legal education. Transitional continuing legal education courses are intended to help fresh graduates launch practices based on practical skills, method and events essential to the field of law.

In New York, new attorneys are expected to undergo courses or studies in conventional live classroom settings or attend fully interactive videoconferences approved by the Continuing Legal Education Board. Usually, attorneys are expected to study significant legal cases that have taken place in recent times. This gives them an exposure to methods and skills used by the attorneys of both sides and also understand the various laws applied. They can use the results of the case to analyze how the arguments affected the approach taken by the jury and the judge.

Experienced attorneys may take accredited intermediary as well as non-transitional continuing legal education courses or programs as per their requirements. Continuing legal education is a suggested study option for attorneys, legal secretaries, paralegals, lawyers, litigation support managers, legal support staff in law firms and company legal departments.

Continuing legal education is an absolute essential for growth oriented legal professionals. Continuing legal education eliminates incorrect practices and helps identify people who are not appropriate for practicing the trade. With the help of continuing education courses, a professional can also learn to handle new assignments.