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p. 37 of 84 BACK | NEXT Introduction General Background The Legislative Framework The Legislative Process Government and the Administration The Judicial System The Legal Profession The Prosecutors The Advocates The Notaries Legal Education Appendices

Developing Mongolia's Legal Framework: A Needs Analysis

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The Legal Profession

There are three branches of the legal profession - prosecutors, advocates and notaries. The prosecutors need training in the mechanisms of a market economy and in how to deal with economic crime. They also need research facilities. To some extent these various needs may be met by their own plans. As yet, there is a limited market for advocates working in commercial law and so training in this field is probably not a pressing need. However, they would benefit from some training in the adversarial process, arbitration and alternative dispute resolution. The notaries will probably have their role enlarged when laws on the privatisation of housing are implemented.

Both in the socialist period and today there have been three groups of lawyers making up what could be called the legal profession in Mongolia: those who represent the state - the prosecutors; those who provide legal advice to the public and represent people in court - the advocates; and those who witness or authenticate documents - the notaries. As these groups have separate structures and rules and different admission requirements, each group will be considered separately. Despite the differences between these groups, however, here seems to be great fluidity in the legal profession, and its members do not expect to stay in one branch of it for their entire career. Rather, they move easily between roles as prosecutors, judges, advocates and government advisors, as well as to less strictly legal roles such as the police or tax inspection.

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