Education policy in the field of legal studies: the constraints of development of capable of policy design

Theoretical fundamentals of design and non-design processes in the development of policy spaces. Policy development and Non-design, a comparison of the Russian and European legal education. Description of legal education to policy restrictions in Russia.

Рубрика Политология
Вид дипломная работа
Язык английский
Дата добавления 01.10.2016
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· Non-instrumental intentions;

· Ideology/Religion/Politics-driven goals;

· Irrational approach to policy mix;

The parameter «level of government knowledge and other constraints» can include the following constraints:

· Lack of knowledge;

· Non-sufficient policy capacity;

· Economical context;

· Political context;

· Ideology context;

· Policy legacy.

Chapter 2 Russian legal education gaps

2.1 Global trends of legal profession

Commoditization

One of the important tendencies that are taking place at the legal service market is the commoditization of legal work. It means that the legal services are transforming from something unique and innovative into the simple commodity. It means that the way how legal services are perceived by clients and how they delivered is changing. Thus, law firms started to focus not only at the application of law, but at different functions. Clients expect short response times and quick familiarization periods, friendliness, information and transparency (early cost and risk assessment, active communication about the course of case, strategies and actual costs, timely invoicing, etc.) and advice (for instance about risks and opportunities in the context of the case). Now more than ever, clients take for granted that firms will show maximum flexibility (Gramke, Pfeiffer, Schьssler, Schulze & Glцckner, 2013). Moreover, the price issue is also highly discussed. Fixed-fee services [became] commonplace and the traditional model of a solicitor [lawyer] charging fees based on an hourly rates is gradually disappearing (The law society of England and Wales, 2016). All law firms face stiff competition at the legal market. It forces companies to search new approaches for business conducting. Usually, large legal companies have quite complicated structures, thus they include special management departments. However, we can not say the same thing about the smaller companies. However, in order to practice effectively, lawyers at least should be familiar with the skills and concepts required for management. The smaller size of company is, the lesser management concerns are there. Because of the lack of time and scarce financial resources small, medium legal companies (SME) and solo practitioners do not have only management structures, but even cautious business strategy. By the way, some law firms use specialization in the particular law field as the main strategy to attract clients, because clients want specialized advice and deep technical expertise. The majority of clients view specialization as a sign of quality and expression of competence. (Gramke, Pfeiffer, Schьssler, Schulze & Glцckner, 2013). Usually, the company reputation does not depend only on the result of case but also on the way, how the client was treated, because it is necessary to correspond with the needs of clients. And nowadays clients want cost saving and quality services.The ability to communicate takes special place in legal practice for enhancing the performance. Together with the development of legal services as well as the means of communication, the process of communication became more deliberate. First of all, lawyers have to acquire clients, how to make it should help management and marketing strategies. Nevertheless, to keep client is probably even more difficult and important. We have already seen, that the legal services started to be perceived as commodity and clients expect the best quality services provided for them, they expect to be treated well as their opinion and recommendation could influence law firm reputation. Firstly, we want to stress our attention at the face to face communication. The client has to trust to their counsel, thus the lawyer should know how to instill other's confidence in him, and he should become a kind of trusted advisor. However, in order to be trusted the lawyer should understand correctly the clients business, show empathy, participation and ability to listen. The psychological knowledge could help to emphasize the best sides of his personality. In order to give advises to the client about decisions, lawyer should be aware how to counsel in a correct way, moreover the knowledge of the art of persuasion and rhetoric could be very helpful.By the way, legal communication is not the communication of laypeople, the lawyers have some special rules of conduct, especially when they interact with clients. Thus, legal ethics properly prescribes professional codes of conduct developed for lawyers. Professional responsibility [is] a broader concept that implicates the multiple duties, responsibilities, and concerns of a lawyer - to a client, to the court, to justice being done, to access to justice, to the public perception of the legal profession, to fellow lawyers, to parties and witnesses the lawyer encounters(Wortham, 2000) . First of all, lawyer has freedom in accepting of rejecting client and then the loyalty to the client is limited by the law. Lawyers stand for the justice, but what is justice for the person could be unjust from the point of law. Thus, sometimes lawyers have to ignore empathy and to act how law prescribes.Secondly, the companies should not avoid using innovative technologies that can assist to perform more efficient instead of just deepen knowledge of law. Online social networking is one of the kinds of building the communication. As to the communication among lawyers, for example, large law firms have very wide geographic spread, especially since they started to use outsourcing abroad, they need special way to share the information. Thus, the online communication networks enables to facilitate the communication between far distance offices for better collaboration and effective work. Therefore, such big companies create their special corporate social networks. It is so called intranet, when in-house lawyers can use it in order to provide answers or routine or frequently asked questions and to assist clients to auto-generate contract templates (The law society of England and Wales, 2016).As we already see the provision of legal services does not include only application of law, therefore the origin of different alternative business structures (ABS) is changing the situation around numerous legal services. Nevertheless, the legal representation in the courts and specialized consulting stay the domain of qualified lawyers with full law degrees and certificated legal specialists. However, since 2008, in England and Wales, the demand growth for law firm litigation services continued to be very soft . (Georgetown Law and Peer Monitor, 2015) This tendency could happen because of increased cost of litigation, what does not satisfy many clients, thus, some of them prefer to use alternative means for conflict resolution. Thus, lawyers should know how to conduct alternative dispute resolution.In the modern globalizing world, any activity transfers from the national level to the international one. Thus, there are a lot of conflicts and disputes, which take international character and their nature is quite complicated and tough. These kinds of contradictions must be resolved only by the means of multinational negotiations and coordination. Legal mechanisms on global governance, which were introduced by the international community for resolving of transnational, are not sufficient in the age of globalization. Because of this, many international disputes became violent, and use of force was more common, that legal procedures. To set up a reasonable legal order under, which all disputes are resolved is the main task of the modern lawyers.The dispute resolution system is a very important part of lawyer work. There is a judicial and extrajudicial dispute resolution systems. The first one, usually implicates the use of coercive power or state enforcement. The most common kind of judicial dispute resolution is the litigation in the court and the decision of the court is legally binding for the parties. Mostly, the participants of the litigations are officially certified professionals such as judge, lawyer, prosecutor. Moreover, there could be a counsel that should have besides good application law skills excellent presentation and declamatory skills. Such lawyers should know the legal reasoning in order to present in the court well.Moreover, there is an extrajudicial dispute resolution system or alternative dispute resolution (ADR), where the decision or result of the procedure is not binding. ADR refers to any means of settling disputes outside of the courtroom. ("Alternative Dispute Resolution", 2016). Alternatively, ADR is a simple, fast and low-cost out-of-court solution to disputes between consumers and traders (Rьhl, 2015). ADR appeared, because the court system is too slow, too costly and complex, therefore ADR has become an actual part of the legal system. Such methods as mediation, conciliation, negotiations and arbitration are used in ADR. Some people perceive mediation as a main method of ADR. Mediation is voluntary, participatory, and party-controlling, but shares equal status with other criteria of fairness, such as personal morality, local friendships, or customs in the industry (Murray, 1987). Usually, mediator is a person that tries to bring parties to the piece by helping them to come into agreement that would be appropriate for all parties. For performing such job, the lawyers that is in the role of mediator should have special communicative and personal skills. The mediator should be trusted by all parties and the lawyer should have the ability to listen and show the readiness to ameliorate risk and help to all sides of the disagreement.

The rise of technology

Technology impacts on the legal services in the different ways. Firstly, they allow legal firms are more efficient in their work. Secondly, they reduce costs replacing salaried humans with mashing-read or artificial intelligence (AI) systems (The law society of England and Wales, 2016). Thirdly, the usage of technological advances allows revealing ideas for new models of firm functioning and service delivery. At last, technologies stipulates the emergence of new law fields that are needed to be regulated, in the other words they generates work around cyber security, data protection and new technology laws (including use, crime, corruption, online purchase rights, copyright) (The law society of England and Wales, 2016).

In order to make services better corresponding clients' needs and to make legal work more efficient by reducing costs and time, technicians introduced some devices and programs that are going to replace some cognitive functions of human lawyers. Different legal technical companies and research universities are trying to find out to which extent the cognitive domain of lawyers could be automated. There are numerous successful attempts in creation of such innovations.

In our research, we give several examples of such useful inventions. Thus, the researchers from the University College London created software that can evaluate the merits of personal injury cases. The academics analysed 600 cases concluded over twelve month period in order to identify the factors that determine success or failure and the level of damage costs. As a result, there was introduced a device that automatically can calculate the possible outcome of personal injury cases (The law society of England and Wales, 2016).

One more invention in e-discovery technology for the legal profession is the predictive coding. It is a new legal review technology that was adopted by the US law firm Winston and Strawn. The lawyers enter the particular information into the program, and at the basis of this information, the electronic tool analyses the data set of documents, then it chooses the most appropriate papers for review by people. The firm find out that the review made by this software is more accurate than work performed by human reviews, moreover the program works three times faster (O'Toole, 2016).

Moreover, the law company Foot Anstey started to use automated tools made by Thomson Reuters that allows company to reduce the average time for preparation of formal notes and granting letters from ninety seconds to two seconds, the important fact here is that the firm prepares about 80 000 of such documents annually (Lawfirmmanagement.ru, 2016).

The special technologies that are already invented are the artificial intelligent systems. Thus, IBM created a technology platform that uses natural language processing and machine learning to reveal insights from large amounts of unstructured data (Ibm.com, 2016). At the basis of this IBM's cognitive computer, there was created a digital legal expert ROSS. The person can ask ROSS questions, the computer, in its turn, examines the whole body of law and gives a deep answer with readings and quotations from legislation, case law, secondary sources. In addition, ROSS monitors the law all the time, in order to notify about the new information that can affect the case (The law society of England and Wales, 2016). The system is capable of self-education, thus its answers becomes more precise and accurate with time.

In addition, in 2014, the law firm Baker and Mackenzie started to use the software called GMAP (Global Merger Analysis Platform) as the company is involved in mergers and acquisitions business. Usually, it takes a lot of time for preparation of such deals for international companies as it is necessary to consider local peculiarities of antitrust laws of several countries. Thus, GMAP allowed identifying key risks in M&A deals by answering ninety questions on merger control law in more than 100 jurisdiction. Moreover, this system reduces the average time for risks analysis from several days to several hours (Bakermckenzie.com, 2014).

All mentioned technological devices and systems are introduced in order to facilitate legal work, make it more efficient and effective. However, there are still some important ethical challenges: it is not obvious who will be responsible if client gets bad advice from the system.

Nevertheless, e-discovery tools became incorporated even in courts. In England and Wales, the value of virtual courts system is highly discussed in frames of the Ministry of Justice's digital strategy. Moreover, Singapore already uses an Electronic Litigation System. Rooms of the Supreme Court are equipped with technologies that allow using e-docs via flat screens, video switching devices (The law society of England and Wales, 2016). However, digital innovations cannot entirely replace legal work, it is able just to facilitate it. As example of such facilitation, we can name an Online Dispute Resolution (ODR). It is a way of service delivery with assistance of software. This procedure could be partly or entirely online. It can concern disputes that happened in real life or in internet, usually, ORD is used in low value civil claims or in cases, which concerns small sum of money. The aim of such new service is to broaden the access to justice are resolve disputes more easily and cheap.Furthermore, it is already successfully put into practice by sites such as such as Cybersettle, SettlementOnline and clickNsettle. It is so called fully automated cyber-negotiations. They offer services that are entirely online and focus primarily on negotiating monetary settlements. These websites serve as a neutral arena to exchange settlement offers (Joseph W., 2016). In addition, 60 million of disagreements amongst traders on eBay are resolved annually using ODR (Online Dispute Resolution Advisory Group, 2015). In addition, it is possible to use ODR system in courts, thus the Canadian Civil Resolution Tribunal already tries it. What is important, in order to use ODR, the courts should be equipped with special Internet-based online system. Thus, the judges should be trained to decide some cases (or aspects of some cases) on an online basis (Online Dispute Resolution Advisory Group, 2015). Moreover, it is worth to mention the problem of computer upgrade in non-global law firms. In order to use advantages of digital evolution, it is necessary to have staff that have technological skills and is comfortable with computer. However, [t]he ABA [American Bar Association] […] reported that while large law firms upgrade their computers and software every two or three years, many small firms and sole practitioners go as long six years between upgrades (Laurel S., 2008). Why it is happening so? According to the same source of information, the reason for such behavior are based not only at high costs of upgraded software, but rather at the lack of time and unwillingness to learn new technological skills together with doubt that new technologies will work more efficient. In order not to have uncertainties about fat that technologies increase the efficiency of work, it is necessary to try this software. However, the majority of people do not try the software and fear to learn to use it. From this, we can conclude, that law firms that do not hesitate to adapt for digital innovations will be more competitive at the global market.We see, that the significant amount of work could be replaced and facilitated by technical advances. According to TechCrunch research (Lawfirmmanagement.ru, 2016), legal services is one of the most irresponsive fields to technological development. Thus, the technical evolution is dashing and the companies that would not be able to adopt for such changes, stop being competitive and lose their position at the market.

Internationalization

In the world of global economy, the number of transnational deals has increased extremely. However, it is quite complicated to regulate transnational deals because of the absence of unified norms in commercial law. The transactions of global businesses face the conflicting demands of different jurisdictions together with the lack of legal regulations, for example, at the emergent markets.

The problem of the absent of common regulations in commercial law could be tackled by different ways.At the micro level business companies for resolving the absence of harmonized law and improve their performance have their own legal advisers. First of all, managers of international firms address to the lawyers for assistance in formulating and executing firm strategy. The ask legal advices about their business opportunities, in order to clarify possible business advantages and threats and to determine the legitimate way for their business improving together with increasing economic efficiency and profit for company. Legal astuteness - the ability of a top management team to work effectively with counsel to solve complex problems - can be a source of competitive advantage under the resource-based view of the firm. (Masson & Shariff, 2010).Therefore, this is very important for large business companies to create teams comprised of managers and in-house lawyers, so called «heavyweight teams» (Masson & Shariff, 2010). Thus, the lawyers also play the significant role in transactions activities. Lawyers are involved in legal work - legal construction of global deals. Specifically, under legal work we understand technical work, with and on the law, undertaken usually but not necessarily by lawyers, in specific transactions for specific clients (McBarnet, 2010). In order to participate in legal work that serve transaction, the lawyer need knowledge of different jurisdiction, in particular in comparative perspective. Such knowledge helps to find fast and efficient solution that would be presented to the parties. Moreover, the lawyers of the companies that have deals with Muslim jurisdiction should be aware about the peculiarities of Islamic law(Ali, 2011). We believe that very competent application of law of different jurisdictions should be combined with economic knowledge. For example, the core knowledge of financial concept allows to comprehend the business aspects of the company (Silver, 2008). It allows assisting company legally to be more competitive at the market. Thus, creative legal work is not about the harmonization, but about innovation, and [its] purpose is simply to optimize client interests (McBarnet, 2010).

Speaking about internationalization we, should not forget about outsourcing and offshoring. According to the economists Jagdish Bhagwati, Arvind Panagariya and T.N. Srinivasan outsourcing is simply a by-product of globalization (Krishnan, 2007). Business outsourcing describes the process when business redistributes a part of some activities or particular functions to the third party. Usually, outsourcing is closely connected with offshoring, which is relocation of activities to another place that aimed at the reduction of costs and making legal businesses more efficient. Nevertheless, we have to take into account that outsourcing became possible mostly, because of the technological developments. This implies the inventions that allowed individuals located at the different geographic positions to communicate with lightning speed and very cheap.

Legal outsourcing became a common phenomenon. Law firms have outsourced their libraries and certain support services, such as data processing and coping […] certain law firms outsource significant portion of their back-office support services. One foreign offshore firm offers law firms the option of outsourcing ten categories of activities including financial and accounting services, presentation preparation services, and litigation support services (Daly & Silver, 2007).

For example, American law firms found the outsourcing to India as the most favored option, because the legal systems in India, the U.S. and the U.K. are all rooted in British common law, Indian lawyers don't need much additional training to do standard legal work (Bellman, 2005). Moreover, the Indian government has provided multiple-year tax holidays as well as exemptions from import and export duties to US legal outsourcers (Krishnan, 2007).

Globalization is strongly connected with local, thus global law firms depends on some local peculiarities. Thus, globalization involves the process that is named glocalization. The word «glocatization» comes from a Japanese term referring to the practice of selling or making a product for a particular market (Silver, 2010). As we have already discussed outsourcing is phenomenon that is strongly connected with particular places, where labor force is cheap. Therefore US and UK law firms pay close attention at such places as India. This country is very special for them, because it has common law system and people have knowledge of English language from the colonial times. All these allow companies to go local.

While legal practices become more international, clients becomes very diverse in terms their culture and nationality, language. Moreover, law firms became wide-spread in geographical sense because of mergers and outsourcing, the communication between lawyers is also cross-national. Thus, the lawyers should work in terms of the concept of global legal literacy. Global literacy includes elements of language and cultural fluency as well as understanding differences in roles of law and lawyers in national context (Silver, 2010).Language skills become essential part of the lawyer. Nowadays, English language is the lingua franca for many cross-border transactions (Flood, 2012). The English language skills are essential for all lawyers that could be connected with English-speaking clients as well as for lawyers that works for the British of US law firms. Moreover, some lawyers that works in overseas offices should know the language of the host country.Besides language skills good lawyer should have what is called cultural sensitivity. In order to be understood by the foreign counterpart, lawyers must be able to speak internationally. It means to know the local communicative peculiarities for speaking in a good manner and in an appropriate way. Usually, people that were living abroad for some time have better cultural sensitivity.

Specialization and Interdisciplinarity

Nowadays, the legal profession started to fragmentize in different dimensions. Firstly, the narrow specialization within the profession became prevailing. Among SME specialization is considered as business strategy for struggling with market competition. However, not all kinds of specialization are going to be beneficial. Professional success is guaranteed for those dealing with business law, commercial and corporate law, company law, competition, financial and taxation law, bankruptcy law and environmental law. (Katarzyna, 2002). However, the criminal law does not have future in the new legal profession. Secondly, it is important to mention the fragmentation of legal field, the legal profession became very much interdisciplinary. Climate change, town planning, trade relations are some of the examples. (Gane & Huang, 2016). Thus, different kinds of law for narrow specialization, for example in specialization in business law, commercial and corporate law, company law, competition, financial and taxation law, bankruptcy law requires from lawyer the business and economic knowledge. In addition, considerable areas of law are dominated by the economic analysis including antitrust, contracts, securities law, and torts. Political Science has always had a strong connection with the analysis of courts, their structures and decision making. Moreover, new fields are emerging in our life that needs legal control and requires specific knowledge (Flood, 2012).With worldwide penetration of internet and increased number of internet users and respectively number of crimes in cyber space, cyber law helps to secure justice in digital space. It protects copyrights, people from being harassed in internet, monitors the selling of counterfeits and so on. The lawyers working in this field needs to know specific terminology and have advanced computer skills in order to understand cybercrimes.Another type of law, that is considered relatively new, is pharmaceutical law. The pharmaceutical market evolves very fast: the number of pharmaceutical companies increases together with the variety of their activities, hundreds of new medical drugs are registered every year. It is important to control this area of life very attentively because the production of medical drugs could influence directly to the health and lives of population, it is necessary to protect them from counterfeit. Thus, the lawyer practicing pharmaceutical law need to have special knowledge in medicine and pharmaceutics.One more legal field that requires special knowledge is Biotech law. The sphere called biotechnology [...] includes bioengineering and genetic engineering (MSOh, 2002). This area of life seems to be quite controversial, especially in terms of ethics. There are even disputes about how should control it. The lawyers that apply Biotech law should understand science, he should also have skills that enable him to explain the relevance of the work to the lay people and non-specialists. Thus, very often lawyers engaged in Biotech law have first degree in Natural Science. In frames of Biotech law, different legal issues arise, but usually Biotech companies accuse each other of stealing scientific innovations.The last legal field that we mention is Space law. Besides legal knowledge, the lawyer should understand technical peculiarities as Space Law regulates the processes related to the investigation of the space. It concerns installation of technical infrastructure on the Moon and other celestial bodies. Moreover, it protects interests of countries and entities that are engaged in space investigation, and astronauts. We can say that people just started space exploration, thus this field is going to be updating. Nevertheless, some universities have already introduced programs in Space law in order to create brand-new professionals.Thirdly, lawyers prefer to orient to particular client fragment, there are two different hemispheres. On the one hand, there are law firms that work exclusively with individuals, it is called business to client (B2C). On the other hand, there are lawyers that serve business (B2B), such lawyers are called corporate lawyers. The work for individual client and corporate or business client implies different backgrounds and legal training from lawyers. Generally, the corporate hemisphere is dominated by elites while the individual is populated by lower status lawyers, both in terms of perceived quality of law school and level of qualifications (Flood, 2012). Usually, corporate and individual work does not intertwine with each other, however sometimes it could happen. For example, […]corporate lawyers might undertake some individual-type work such as obtaining immigration permits for corporate executives…(Flood, 2012). Generally, the B2B work is more demanded at the legal market.Fourthly, speaking about the competition at the legal market we should not forget about the inclusion of new players. Outsourced workers, assistants of lawyers, paralegals, alternative business structures, accounting firms are becoming the part of legal market pretend to undertake some legal work.Legal process outsourcing (LPO) increases thecompetition, as the company should decide whether to hire local, probably more skillful, labor force for higher price or workers from abroad for lower price.Furthermore, because of the ABS model, non-lawyers could also have law firms. Traditional financial investors such as insurance companies and banks can acquire shares in law firms (Gramke, Pfeiffer, Schьssler, Schulze & Glцckner, 2013). Accounting firms tries to provide legal services in the particular legal segment outside of their main business field. Thus, British audit and consulting company Ernst and Young created the legal arm EY law. In 2013, it launched legal services in 29 countries around the world - including Australia, China, Japan, Mexico and 14 separate countries in Africa. Its legal services cover transactional, commercial and employment practices with a strong focus on the financial services and banking industries. (Georgetown Law and Peer Monitor, 2015). KPMG also use the ABS model for legal operation in UK (The Future of Legal Services. In the area of accident regulation, for instance, car dealers, workshop owners, in-dependent experts and car rental companies are increasingly competing with lawyers. Also insurance companies, banks and other financial advisory services are being perceived as rivals in the competition for clients (Gramke, Pfeiffer, Schьssler, Schulze & Glцckner, 2013). The readiness of non-lawyers to fulfill legal work will push prices to fall.To sum up, it is easily to understand that legal profession became very interdisciplinary and it is a challenge for cooperation. Lawyers will be able to establish multi-disciplinary partnerships with members of many other professional groups, allowing them to share business expenses and cooperate in various fields. Cooperation with other players in legal services market, for instance insurance companies, can increase a firm's own visibility. Smaller law firms will need a particular creative and interdisciplinary approach in order to open up new market opportunities… All these changes will make the legal services market more diverse and more international. (Gramke, Pfeiffer, Schьssler, Schulze & Glцckner, 2013). Thus, the lawyer himself should have interdisciplinary skills or in the other words should know how to operate with different players for achieving efficiency and satisfying clients' needs.

Global trends of legal profession as evaluation criteria

Based on the analysis of global trends in legal profession, we want describe how should look like the young specialist, the lawyer that just graduated with full law degree and ready to work in a flat legal world. Thus, we compose the table, where each trend includes knowledge and skills that have to be acquired at the law school for good performance (see table 5). Then, this table is used for analysis of study plans of European and Russian law programs.Thus, despite all changes in the legal market, the future professional must have traditional lawyering skills that could be transformed into necessary competences at place of work. The lawyers can not have in their minds all legal bodies and there is no need in that, because the big part of them will be changed fundamentally in few years after student graduation. Thus, the lawyer should be able to «think like a lawyer» and have the ability for self-education and readiness to update his knowledge all the time.However, lawyer should have some traditional legal skills, such as ability to make a legal research and analysis, in the other words, to collect and systemize information is essential for lawyer. The second lawyering skill is drafting of legal documents such as memorandums, letters, briefs, patent applications.However, technical legal skills are not sufficient for lawyer that wants successful carrier at the global market. Lawyer should have systematic analytical thinking for solving complicated legal problems, he should adopt fast for new and abnormal situation. Lawyer should know how to resolve disputes, for this purpose he needs to have problem-solving skills for participation in ADR and ODR.

Commoditization

As legal practice become very commercial, the lawyer should know understand how to be attractive at the market for clients, even if he is a solo practitioner not the owner of the firm. The knowledge of some management, business and marketing concepts could be very much useful. The lawyer should know how to be an entrepreneur and develop leadership and team working skills for work in company.As we discussed, the oral communication plays significant role for lawyer. First of all, he should know how to make an oral presentation before the audience. Secondly, dealing with client, he should know how to instill other's confidence in himself and become a trusted adviser. For this purpose, the lawyer should have knowledge in psychology, rhetoric and the art of persuasion. Moreover, lawyer should speak grammatically correctly, understandable for lay people.

The rise of technology

The fast development of digital technologies makes lawyer to have diverse computer skills. The computer skills should not be limited the ability to use Internet engines for search and Microsoft office for typing. Lawyer should be ready to learn how to use new legal software and artificial intelligence systems at the work place if he did not do it during study.

Internationalization

The internationalization is very important for those lawyers that going to work in international firm. For such specialists the knowledge of foreign jurisdictions and different legal families could be essential together with international law and global governance. The study of them in comparative perspective could also help the lawyer to understand the domestic law but from another angle.However, not only international lawyers face challenges of internationalization. Besides the legal knowledge and ability to apply law, in order to work globally, lawyer should acquire the fundaments of global legal literacy that implicates language skills and cultural sensitivity. Most likely, English language skills are essential for modern lawyer, they could help to communicate with English speaking clients and colleagues from abroad. Cultural sensitivity is quite complicated ability, it helps person to communicate in a good manner with foreigner. Usually people that have experienced living abroad have at higher level, thus ex-student that participated in international exchange programs or internship will be in more favorable position.

Specialization and Interdisciplinarity

Mainly, specialization implies that lawyer is a good exert in particular law field. There could be different specialization: civil law, criminal law, administrative law. According to our analysis, more demanded will be students that specialized in commercial law, finance law, corporate law, environmental law and so on. Besides specialization in legal fields, there is specialization in market segments, in the other words, there are corporate lawyers and individual lawyers. Thus, we believe that the good lawyer should not have diffused knowledge in many fields, but rather concentrate, for example, on environmental law and to study it from many points of view including local and international regulation and even soft law instruments in this connection. From this idea, we can move to the interdisciplinarity.Non-legal subjects are very significant for lawyers, for example economics, communication, psychology, professional ethics, and information technologies. The person that wants to be an expert in environmental law or Biotech law has to know the fundamentals of Natural Science. The same we can say about other field of law, corporate law, financial law, commercial law implicate the knowledge in business and economics. The specialist in Pharmaceutical law should have knowledge in medicine and pharmacy.

Speaking about interdisciplinarity, we have to say that lawyer should be open minded thus, he should obtain the needed knowledge in political science, public policy. Especially human rights studies could help him to develop sense of social responsibility and spirit of humanism.

Table 5 Global trends of legal profession as evaluation criteria.

Trends

Knowledge

Skills

Commoditization (Gramke, Pfeiffer, Schьssler, Schulze & Glцckner, 2013), (Katarzyna, 2002)

Entrepreneur skills, leadership, team working.

Rise of technology (The law society of England and Wales, 2016), (O'Toole, 2016).

Information Technology.

Computer skills.

Internationalization

Knowledge of peculiarities of foreign jurisdictions and legal families in comparative perspective with national ones; Global governance.

Global legal literacy (Silver, 2010): 1. Language skills; 2. Cultural sensitivity.

Specialization (Katarzyna, 2002)

Deep legal knowledge in narrow field.

Technical legal skills* in combination with specific skills depending on specialization.

* Legal reasoning (the ability to search information, systemize and organize it); Written communication (drafting documents) and oral communication skills (presentations, negotiations, advocating).

Interdisciplinarity (Partly depends on specialization) (Gane & Huang, 2016), (Flood, 2012).

Knowledge of

1. Native language;

2. Psychology, art of persuasion in order to become a trusted advisor;

3. Rhetoric, reasoning concepts, logic;

4. Non-verbal communication knowledge (body language, gestures).

5. Professional ethics;

6. Dispute resolution methods, conflict management;

According to specialization:

7. Business and Economics;

8. Public Administration;

9. Public policy, Political Science, Human rights knowledge;

10. Natural Science;

11. Technical knowledge.

1. Grammatically correct speech in the native language;

2. Ability to instil others confidence in himself.

3. Oral communication skills - including ability to make oral presentation and communication with clients;

4. Dispute resolution skills.

2.3 Comparison of European and Russian Legal Education

In this paragraph, we are going to compare Russian and European legal education. For this purpose, we took study plans of Bachelor and Master Degree programs of law faculties and analyze them in accordance with global trends of legal profession. There are study plans of three European University that are successful at the global arena, they are included in World University Ranking in terms of legal specialization ("QS World University Rankings by Subject 2016 - Law", 2016). They are Universitй Paris 1 Panthйon-Sorbonne (France), Heidelberg University (Germany) and KU Leuven University (Belgium). For the analysis of Russian study plans, we consider three universities which have prestigious positions within the country. They are Saint-Petersburg State University, Immanuel Kant Baltic Federal University and Novosibirsk Institute of Law (Branch of National Research Tomsk State University).

European legal education

...

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