Researches On Administration Of Us's Bar Association To The Attorneys

The successful self-discipline administration system of American attorneys enjoys a long history. The bar associations in America are mainly classified as state bar associations and American Bar Association. American Bar Association is a national body and enjoys a great reputation. The state bar associations are responsible for the administration of the attorneys. This thesis explores American self-discipline system, and we hope the reform of China's administration of the attorneys can take it as a reference. The thesis starts from the general situation of the bar associations in America and introduces their history. The thesis puts an emphasis on the introduction of American Bar Association. The main body from chapter two to chapter five introduces the administration of American attorneys, which starts from the law education to qualifications to be an attorney until their professional ethics and reprimand system. The current situation of bar associations in China is also mentioned in the thesis. The bar associations in American emphasize law education and have a direct administration system. The American Bar Association, not the state bar associations, is in charge of the law school. American law education is characterized by professionalization through attorneys' whole life, which can be used as a reference by China. The author discusses the qualifications to be an attorney from three aspects: educational background, exam system and morality. The requirement of the morality is worthy to be learned from in China, which is a unique character both in law education and qualifications to be an attorney in America. Once one becomes an attorney, the main administration aspect is their performances, which are normalized through rules of law. The state bar associations usually adopt the rules of American Bar Associations and may make some amendments. However, the rules issued by the local associations have the true legal effect. The rules made by American Bar Association are models taken as a reference for the state associations. The author holds the idea that the two rights of enactment and reprimand of American Bar Association are a key factor to realize the self-discipline administration in America. The states courts and bar associations balance each other to implement the right of reprimand. There are also some shortcomings in this aspect since American people always complain a dependent reprimand department and low efficiency. The author suggests that the administration system of the bar associations in America can be taken as a reference in China in the short chapter six. The author puts forward that the bar associations' right in China needs to be enlarged to increase their right of enactment and right of reprimand. The attorneys can only execute their rights better under a circumstance of combining the supervision of judicial authorities with the self-discipline administration system of bar associations.