回复: 中国律师如何取得加拿大律师资格（研究与探讨）
同志们好！
兄弟很久没有来了。
前段时间已经胜利取得香港律师资格，为前进加拿大做律师作了一些铺垫。
现在，我就着手进行NCA Assessment.
以下是官方网站的FAQ，非常有用。
同时，通过这份帖子，我认识了至少两位正在加拿大奋战的同行者。
一位已经全部通过NCA指定的考试。另一位只差一门。向他们表示祝贺。
我们来了！
Applying for an NCA assessment
17. How do I apply for assessment?
Submit a completed Application Form to the NCA offices along with your original undergraduate transcripts, a detailed Curriculum Vitae (CV or résumé), document check list, and a non-refundable application fee of $450 Canadian, which includes all applicable taxes. You can pay by credit card; personal cheques are not accepted.
You must also arrange with your law school or other educational institutions where you obtained your legal education to forward all official and final transcripts to the NCA. If you have been called to the Bar in another jurisdiction please arrange for the issuing institution to mail a letter or certificate to the NCA confirming the date of your Call to the Bar, confirming that your membership is in good standing. Any transcripts for Bar examinations or courses must also be sent to the NCA.
Only official documents submitted directly from the issuing institution are used for the NCA assessments.
18. When can I apply for assessment?
You may apply for an NCA assessment at any time. There are no assessment deadlines. However, your assessment will not be processed until we have received your completed application form, fee payment and all official documents from your law school and, if applicable, from your licensing body. You may apply before you graduate from law school, but your application will be held until your final official transcripts are received from your law school.
19. I have arranged for official transcripts. Can I submit my application before I have received confirmation from the NCA that my official documents have been received?
Yes. However, we will not contact you until we have received your application form. We will hold all official documents sent to our offices.
20. I cannot get official documents from my institution. Can my assessment be completed if I provide original documents of my legal academic credentials?
In exceptional cases, we will assess qualifications without official documents. If you cannot arrange for official documents to be sent to our offices, please contact us by email and explain your situation. Please note that we rely on official documents in order to ensure the veracity of the diplomas and certificates. If official documents cannot be provided, depending on the situation we may assign additional subjects in the assessment or advise an applicant that there is insufficient information to complete the assessment.
21. I sent my application in and did not hear back from the NCA. How do I know the NCA received my application?
The NCA will send you an acknowledgement email within 10 business days of having received your application. The best way to ensure the NCA receives your application is to send your package by courier, registered mail or by express post so you can track your shipment and ensure delivery was made to the NCA.
22. How do I know the transcripts sent from my educational institutions were received by the NCA?
The NCA will send you an acknowledgement email within 10 business days of having received your transcripts, as long as we have your application form on file. If the transcripts cannot be matched with an application form, we will hold them until both the application form and fee payment are submitted.
23. What else can delay processing my assessment application?
The NCA processes assessments on a “first come, first served” basis. Once all the necessary documentation and fees are received, your file is put into the queue for assessment. Normally, you will receive your assessment result within three months from the date the last document is received. You will receive an email from the NCA informing you of this date.
We open a file and assign a file number when we receive an application form and fee payment. The NCA then waits to receive the required documents from the educational and licensing institutions (if applicable). Once all the documents are received, they are matched to the file and, if ready for assessment, an email is sent to the applicant advising when to expect the assessment result.
It is important to note that the name on your application should match the name on your transcript/Bar documents. This makes it easier for the NCA to match your application with documents received directly from various institutions. Failure to use the same name could mean delays in your assessment. If you have changed your name or if you use different spellings of your name, please advise us. Step 1 of the NCA application form includes a section for you to list any previous or additional names that may appear in your documents or files.
Assessment Process
24. What factors are relevant to the assessment of my file?
The factors considered in the assessment of your file are:
the type of legal system where the legal education was acquired (common law, civil law, hybrid, etc.)
the length and nature of the legal education program;
the subject areas studied;
academic performance in respect of the core subject areas required by the NCA, as well as overall academic performance;
whether the legal education program is recognized and approved by the local regulatory authority which governs admission to the practice of law in that jurisdiction;
whether the mode of study was full-time, part-time, in-person or by distance;
age of degree and/or currency of practice;
professional legal experience and qualifications; and
the nature and length of professional legal experience.
The assessment criteria are described in greater detail in the current NCA Policies and Guidelines.
25. What is the relevance of the jurisdiction in which I obtained my law degree?
The NCA assesses internationally obtained qualifications of applicants who wish to be admitted as a lawyer in a Canadian common law jurisdiction. For this reason, the NCA assessment process focuses on the nature and extent of the common law content in an applicant’s legal education (information on legal system classifications can be found in Appendix A and B of the NCA Policies and Guidelines. As legal education is jurisdiction specific, the jurisdictional legal system is an important factor in all assessments.
26. What is the relevance of the type of law program I attended?
Jurisdictional rules on the Call to the Bar differ greatly. In Canada and the United States, only three year LL.B./J.D. graduates qualify for admission to the Bar, but other countries have various routes that lead to licensure as a lawyer. The NCA examines the national rules for the Call for the law program each applicant completed and uses that information as a factor in assessment.
27. Do I always have an option to write NCA examinations or will I be required to attend law school?
In most cases, the NCA gives applicants a choice of three methods for demonstrating competence:
through the NCA’s examinations;
by taking courses in assigned subjects in a Canadian law school’s LL.B. program;
a combination of (1) and (2).
However, there are some situations where an applicant will be required to attend law school in Canada. These include graduates of distance education programs and people with no common law education or professional experience.
28. I graduated from a two year Senior Status or Graduate Entry program in the UK. How many examinations will I be required to write?
Senior Status or Graduate Entry applicants are usually required to demonstrate competence in at least seven subjects. This is required to compensate for the shorter educational program. Other factors are considered in the assessment, including academic performance, licensure and professional practice. These other factors may increase or decrease the number of subjects assigned.
29. I obtained my legal education by completing a one year Graduate Diploma in Law program. What can I expect in terms of assessment outcome?
Usually, GDL applicants have to demonstrate competence in additional subjects to compensate for the shorter program and to augment their knowledge in areas of law not covered during their legal education.
30. I attended Bar school training above and beyond my law degree. Will you take it into consideration?
Bar school training is a factor in all assessments. Please ensure all documents pertaining to your Call are forwarded to the NCA under seal from the institution.
31. I graduated from a law school in a jurisdiction with a mixed legal tradition that includes some common law components. How will you assess my qualifications?
Graduates from hybrid jurisdictions that include a common law component will be assessed on the same basis as common law graduates, taking into consideration the common law content of their programs and experience. Most hybrid graduates will be asked to demonstrate competency in at least eight subjects.
32. I graduated from a jurisdiction that follows a different legal tradition than common law. How will you assess my qualifications?
Applicants from legal systems that do not have a substantial common law component, such as civil law, are considered on a case-by-case basis. Applicants who have no common law exposure (academic or professional) are, in the absence of relevant professional legal experience, unlikely to receive any recognition for their legal credentials.
33. What is the significance of academic performance?
Your academic performance is an indicator of your command of the legal concepts covered during your legal education. NCA policy includes academic performance, both overall law school performance and grades in the 10 core common law subjects (see question 8). If the overall academic performance and/or grades in any of the 10 core common law subjects are low, additional examinations may be assigned.
Applicants with poor overall academic performance (i.e. Third Class or lower standing in the U.K., India and Nigeria or a GPA of less than one (1) in Australia) do not normally receive any recognition for their degree.
