Road to the bar is a long one – The Law

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Published: December 18, 2008

Q: My child is in high school and is expressing an interest in law as a career. How do you get the qualifications to become a lawyer?

A: Generally speaking, some sort of undergraduate degree or life experience equivalency is a prerequisite to gain admission to a law school in Canada. Most students obtain either a bachelor’s degree in arts or science, or a bachelor of commerce designation. Some law students come from other colleges, such as engineering or agriculture. These are usually three or four year degrees. All of these undergrad programs are useful. A commerce degree proves helpful if you ultimately practise business, tax or commercial law, but certainly is not essential.

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Most law colleges have spaces reserved for mature students. This is usually a person that’s a little older than the average law student, and who may not have the undergraduate degree that’s often required. However, that person’s age and life experiences qualify him or her for admission to law school. Mature students who gain admission generally do well.

Many but not all law schools require a candidate to write the Law School Admission Test (LSAT). This is a standardized test designed to measure a way of thinking that is seen as being helpful in law school. There are critics of this examination who say the LSAT is not particularly helpful in determining someone’s aptitude in this regard. Nevertheless, it must be written and most law colleges have a mark they are looking for as a cut-off. The LSAT, in conjunction with marks from a person’s undergraduate program, determines admission or denial.

Further, many schools have reserved seats for in-province as well as foreign and out-of-province students. Not really a quota, these limits do affect competition for seats in law colleges. Each college has its own rules in this regard.

Once a person is admitted to a college, the study of law takes three more years. The average new lawyer leaves with six or seven years of total post-secondary education. The first year’s study is a fairly standardized program, but the other years involve a variety of options. In many classes, the final exam is worth 100 percent of one’s mark in that course, so there certainly is pressure.

After graduation, one’s education is not yet completed. One has to “article” for a fixed period, usually one year. This is like an apprenticeship, where the new graduate takes his or her theoretical knowledge and puts it to practical applications.

During this time one also writes the bar admission course because after the articling year is done, he or she must write bar admission examinations to obtain the status of a full-fledged lawyer. Articling and the bar course are provincially administered matters, so there will be some variation from province to province. In Western Canada, the bar admission course is fairly uniform because it is all delivered through the Canadian Centre for Professional Legal Education. Alberta, Saskatchewan and Manitoba all use this program, and it centres on skills training, development and testing. It is a co-operative venture among these three law societies.

After all this is done and one is successful in the exams, the new lawyer is duly enrolled and is a barrister and solicitor with a membership in that province’s bar. These are old British distinctions. A barrister is a lawyer who practises before the courts; a solicitor is one who works in his or her office and does not appear in court.

Rick Danyliuk is a practising lawyer in Saskatoon with McDougall Gauley LLP. He also has experience in teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.

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