Estudos jurídicos no Canadá: Entrevista com Mihai Gheorghe Cioc
Études juridiques au Canada: entrevue avec Mihai Gheorghe Cioc
Abstract: This interview is with Mihai Gheorghe Cioc, Juris Doctor, a professional working in the legal field who shares his experiences over LinkedIn. Mihai is currently writing the Quebec Bar, and in this interview, he explains the general framework of law school and bar admissions in Canada, some common practices, and briefly discusses the emergent areas of law in Quebec.
Keywords: Legal studies. Law school. Canada.
Resumo: A entrevista é com Mihai Gheorge Cioc, Juris Doctor, um profissional que trabalha na área jurídica e compartilha suas experiências através do LinkedIn. Mihai está atualmente realizando o processo de admissão à Ordem dos Advogados da província de Quebec e na entrevista explica, de forma geral, a estrutura da admissão às faculdades de direito, às ordens dos advogados provinciais, práticas comuns e finalmente insights nas áreas do direito que estão crescendo atualmente em sua região do país.
Palavras-chave: Estudos Jurídicos. Faculdade de Direito. Canadá.
Résumé: L'entretien est avec Mihai Gheorghe Cioc, Juris Doctor, un professionnel travaillant dans le domaine juridique et partageant ses expériences sur LinkedIn. Mihai est actuellement a Barreau du Québec et dans cette interview explique de manière générale le cadre des admissions en droit au Canada, l'admission au barreau, les pratiques courantes et enfin quelques aperçus personnels sur les domaines du droit qui se développent actuellement dans sa région du pays.
Mots-clés: Études juridiques. Faculté de droit. Canada.
Mihai Gheorghe Cioc holds a Bachelors of Laws as well as a Juris Doctor degree from Université de Montréal. He is presently writing the Quebec Bar.
Mihai currently works as a legal draftsperson and researcher. In his current role, he drafts legal memoranda in regard to the Quebec, Ontario, and Canada Business Corporations Acts, legal documents for the incorporation of SMEs Canada-wide, and articles about corporate law for Quebec and Ontario enterprises. He also conducts ad hoc research mandates in corporate law and D&O responsibility, and translates legal documents in English and French (shareholders’ agreements, NDAs, contracts of services, etc.).
In 2017, In recognition of his community work to educate youth about the United Nations in Quebec as a co-founder of United Nations Youth of Canada (UNYC), he participated at the 71th Session of the United Nations General Assembly High-Level SDG Action Event on Education where participants reported on the impact of civil society initiatives in achieving the UN Development Goals where he drafted and submitted policy recommendations on the topic of the promotion of inclusive and equitable quality education and fair opportunities for all children.
He is also a very active legal professional on LinkedIn: https://www.linkedin.com/in/mihaigheorghecioc. He has over 17 publications on his profile about different aspects of law in Canada.
Questions
Claudio: First of all, thank you very much for agreeing to help me out with this interview. As a law student, I am always excited to understand how law school and how becoming an attorney works in other countries and it is definitely exciting to learn about how that works in Canada, thanks a lot. Would you mind starting by introducing yourself and sharing some more of your background?
Mihai: I hold a Bachelor of laws (LL.B) and a Juris Doctor (JD) from Université de Montréal, and I am currently writing the Quebec Bar exams. I am trillingual. In Quebec, it is common for legal professionals to be bilingual.
Quebec is a mixed jurisdiction of civil and common law tradition; somehow similar to the state of Louisiana in the US because of the French colonization.
Canada is a federation comprised of provinces and territories, each of which have authority over certain areas as set forth in the Constitution Acts 1867 to 1982 (the “Act”).
Claudio: For us to start, would you be able to share with me some general information about how Admission / recruitment for law school works in your country?
Mihai: In Quebec, most universities admit candidates to law school based on their transcripts. Quebec law students, upon graduation, acquire a Bachelors of Laws (LL.B.) or a similar diploma (LL.L., or BCL), and law students from the rest of Canada generally acquire a Juris Doctor (J.D.). Specific to the JD, candidates have to obtain an undergraduate diploma and write the LSAT exams before applying to law school.
Certain universities may have an interview process upon admission.
Holding a Bachelor of Laws is a prerequisite to writing the Quebec Bar exams and to be admitted to its Law Society. Holding a Juris Doctor is a prerequisite to writing any other Bar exams in Canada and to be admitted in a Law Society.
Claudio: It is very common for students studying in private universities in Brazil, which are the vast majority of them, to have law school at night while working during the day. How does that work in Canada?
Mihai: In general, classes are given during the day, and the first year of law school is full-time and on a fixed schedule. Beginning with the second year, students may choose to study full-time or part-time and to tailor their schedule. It is not uncommon for students to work while studying, it is what I have done. Whilst in school, I worked as a research assistant, legal draftsperson, and under different roles in the banking industry.
Claudio: Is it common for law programs to have a mandatory Pro Bono clinic or mandatory internships?
Mihai: No. There are practical classes that are mandatory that may take up the form of a Pro Bono clinic, but other options exist i.e. moot court competitions, judicial internships, etc.
Claudio: I am aware that Canada, as most countries, has requirements for the legal practice of law, a BAR test or judicial internship, how does that work in Canada? To be admitted to practise law in Brazil, an individual must obtain a Bachelor of Laws degree from an accredited institution. This is a five-year degree. It is then necessary to pass the Brazilian Bar Association Examination. It is not necessary to complete an internship. There is no specific additional requirement to practise as an in-house lawyer.
Mihai: Correct. To practice law as a lawyer, you have to be admitted as a member of the Law Society of the province of your choice. However, certain differences exist considering that each province is regulated by its own Law Society. Becoming a member of one Law Society only allows its members to practice within the territorial jurisdiction of that Law Society. Thus, it is important to take into consideration before getting into law school and writing the bar.
Claudio: Would you say that exchange programs are common for law students?
Mihai: Very common.
The most popular exchange programs are available for students during the summer semester. It is also possible to study abroad for 1 semester, either the fall or winter semester. Certain eligibility criteria apply to be admitted to these programs, for example, a minimum GPA.
Claudio: Would you say that there are some specific areas of law that are more in prominence these days in your region?
Mihai: The Montreal Metropolitan Area offers a diverse legal market since it is the economic heart of the province of Quebec. Besides multinational firms, the market is characterized by a large pool of SMEs. Montreal is also a tech-hub, particularly in the field of AI and video games, therefore, IP is an area that rarely experiences scarcity.
After Chicago, the Montreal Court House is the busiest court of justice in all North America: we do love our litigation!
Privacy, insurance, labour and business law seem to have been positively influenced by the current global pandemic of the COVID19. There has been an increase in commercial litigation and class actions that started before the pandemic; an increase that continued notwithstanding the circumstances.
Many legal techs have been founded since the beginning of the pandemic too.
Claudio: Are there some other aspects of the legal studies in your country you would consider important to point out?
Mihai: For anyone who wishes to study or practice law in Quebec, mastering Moliere’s language is a prerequisite.
Claudio: Thank you very much for your time and willingness to provide me with this information, I appreciate it. In an age with an ever-increasing interest in globalization, global policies in different areas of law and privacy, and a desire to be able to act as attorneys in different jurisdictions, the interview brings relevant information about the theme and allows people to understand such a career path.
Canada is getting a lot of attention in the legal field as Brazil starts to learn about data privacy with the newly enacted law “LGPD”, professionals and associations representing Canada in Brazil.
According to the data provided by the Chamber of Commerce Brazil-Canada, Canada is now the largest destination for Brazilian students abroad. It is estimated that, in 2017, at least 23,000 Brazilians went to Canada to study. Canada’s policies of education also make available scholarships and other resources for international students, Brazilians are mainly benefited by the Emerging Leaders in the Americas Program (ELAP).
I see establishing such partnerships and connections as a very important task for the upcoming months as we can exchange information and learn from one another. Hopefully, in a new health situation soon. Cheers!
Cláudio Antônio Klaus Júnior
Estudar Direito pelo Mundo | @klaus.law
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