How law studies work in the United States
The practice of the profession of lawyer in the United States is different in each of the 50 states which all have their own Bar Association.
To take the bar exams, students must have obtained a JD
In order to be admitted to a law school ("Law School"), students must first have obtained a Bachelor degree. This Bachelor degree does not have a legal component and may have been obtained in all fields. Often this will be a Bachelor of Arts (BA) or Bachelor of Science (BS).
Lasting four years, it is the equivalent of a Law Degree in the European LMD system.
Students then take an exam called LSAT ("Law School Admission Test"). Law schools select their future students on the basis of the results obtained on this test. You can find information about this test: here.
Once admitted to law school, students prepare for a three-year law degree, the Juris Doctor ("JD"). The first year provides training on the basics of American law. Students then choose subjects in the areas of law that interest them most.
At the end of these three years and once acquired the JD diploma, students are free either to take the bar exam, the famous "Bar Exam", or to specialize for a year as part of a Master. of Law or LLM.
The practice of the profession of lawyer
Lawyers who have passed the bar exam can practice in all areas of law.
The conditions for registering with the bar depend on the rules issued by the practicing State. In addition to passing the exam, candidates are generally required to have a clean criminal record and to provide good character certificates from their law schools.
The different exercise structures in the United States
The "Sole Proprietorship"
The lawyer in the United States may first practice as an individual. We then speak of “Sole Proprietorship”. In this case, there is no interposed legal entity. The liability of the lawyer is unlimited.
The "General Partnership"
A "General Partnership" is an entity which allows the sharing of profits and losses between at least two natural and / or legal persons. The liability of the partners is unlimited and joint and several.
The "Limited Partnership"
In a "Limited Partnership", there are two types of partners. The "General Partners" who are personally liable and unlimited and the "Limited Partners" who do not engage their personal liability. As a result, “Limited Partners” do not participate in the decisions and management of the firm; they have a role of passive investors.
The LLP or "Limited Liability Partnership"
LLPs are relatively new entities in most US states. The accounting and financial procedures to be followed for the establishment of such a structure are complex.
The advantage of such a structure is that it limits the personal liability of the firm's partners. Only the partner who is implicated or who has committed a fault will be able to see his personal liability engaged.
Practice companies
The practice of the profession of lawyer can also be done through a company. Mention may be made, for example, of “Publicly Held Corporations” or “Limited Liability Companies” (LLC).
LLCs are generally companies with a limited number of shareholders; they cannot offer their titles to the public. Above all, they allow the establishment in the articles of association of restrictive clauses concerning the transfer of shares.
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