how to become a cultural property lawyer

by Prof. Dale Fadel 7 min read

Pathways to becoming a practicing Property Lawyer typically require a combined 5-6 years of education and training. Complete a Bachelor of Law (LLB) undergraduate degree or a Juris Doctor (JD) postgraduate degree. Both courses are 3 or 4 years long. Complete Practical Legal Training (PLT). This can be completed in less than a year.

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What do attorneys need to know about Cultural Property Law?

In addition, attorneys who practice cultural property law must be ready for ongoing jurisdictional challenges. Theft of cultural property often begins in one location but then moves to another jurisdiction when the property moves across state lines.

Should law students have better cultural competencies?

Since it is highly unlikely that a lawyer will practice law without interacting with someone from a different cultural background at some point in his or her career—be it a client, witness, judge, or other lawyers—law students would greatly benefit from enhanced cultural competencies.

How does culture affect the relationship between lawyers and clients?

At the same time, lawyers working for a large corporate firm may have international clients who are familiar with working with lawyers but adhere to particular customs when conducting business deals. These cultural norms and expectations can inhibit the lawyer-client relationship as much, or even more so, than language barriers. 8

What are the legal challenges of protecting cultural property?

Protecting cultural property poses some unique legal challenges. First, stolen items of personal property may not be recovered for years after its theft. An item might travel through many owners during that time.

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What are cultural law?

Cultural property law is the body of law that protects and regulates the disposition of culturally significant material, including historic real property, ancient and historic artifacts, artwork, and intangible cultural property.

What is considered cultural property?

Cultural property does not have a universal definition, but it is commonly considered to be tangible (physical, material) items that are part of the cultural heritage of a group or society.

What is cultural property in art?

• Cultural property encompasses both the "known" (buildings, artworks, collections and sacred places that we can visit or experience) and the. "unknown" (things that lay buried at archaeological sites, the physical. evidence of our undiscovered past).

Who does cultural property belong to?

* cultural property acquired by gift or legal purchase and secured with the consent of the country of origin. The 1972 Convention Concerning the Protection of the World Cultural and Natural Heritage,'4 as its title indicates, shifted to the term cultural heritage.

Why is cultural property important?

It is part of our identity. It is important to our sense of belonging. It often marks us as different and it can thereby link our culture and history to our protection, sometimes placing us at risk of harm.

What are the 3 types of cultural heritage?

Cultural Heritage can be distinguished into three types; built environment (buildings, townscapes, archaeological remains); natural environment (rural landscapes, coasts and shorelines, agricultural heritage); and artifacts (books & documents, objects, pictures) ( Figure ...

What is the heritage law?

Cultural heritage law is concerned with both movable and immovable property of artistic, cultural, religious and historic interest. This extends from archaeology and the protection of ancient monuments to national heritage and public and private collections to the art trade and contemporary art.

What is cultural property under IHL?

Cultural property is defined by the rules of war, or international humanitarian law (IHL) as it's formally known, as any moveable or immovable property of great importance to the cultural heritage of every people.

What Does a Traditional Cultural Property Expert Do?

Archaeology and anthropology are about so much more than researching the past for information on technological evolution, cultural sequencing and artefact morphology.

Where Does a Traditional Cultural Property Expert Work?

There are very few of these experts at present. It is a small area of expertise with few openings and little in the way of data. However, as a type of archaeologist, data is likely to reflect BLS statistics in most cases. Some 28%, that's over a quarter, work in research and development of social sciences.

What Is the Average Traditional Cultural Property Expert Salary?

Salary information is likely to reflect archaeological data from BLS too. The median salary for this type of professional according to 2015 statistics was $61,220. Salary will depend on level of experience and qualification, but the research-heavy nature of this role could mean higher than average salaries compared to the rest of the discipline.

Cultural Property Expertise Jobs & Job Description

A very small niche group within the anthropology and archaeology fields, traditional cultural property experts' job descriptions varies widely. For instance, they may work in the legal field specializing in conservationist issues or as an archaeologist researching traditional cultural sites.

What Is the Job Demand for Traditional Cultural Property Expert?

As a niche area, there is little specific data. However, it is likely to reflect the national picture for archaeology and anthropology. Employment in this area is expected to grow some 4% in the decade between 2014 and 2024. This is approximately half the national average of all jobs.

What Are the Education Requirements to Become a Traditional Cultural Property Expert?

Archaeology is a multi-disciplinary approach today with several strands crossing over into other areas. High school students should take geography and history, or other relevant humanity/social science. They will provide a good background for the study of archaeology.

What Kind Of Societies and Professional Organizations Do Traditional Cultural Property Experts Have?

This is a small area with no dedicated organizations. However, the cultural studies nature of this job means the following organizations worth with people in this area, either as an overall picture, or with dedicated working groups.

What's it like to be a Property Lawyer?

Property Lawyers help clients deal with a wide range of property-related issues including buying, selling, subdividing, transferring titles, council and building restrictions, tax implications, approval processes, and restrictive covenants and easements.

Latest Property Lawyer jobs on SEEK

Be one of the first to discover these recently listed jobs, or browse all Property Lawyer jobs on SEEK right now.

How to become a Property Lawyer

To become a Property Lawyer in Australia you will need to apply to the local Law Society for a Practising Certificate. You’ll then need to complete 18 to 24 months of supervised practice at a law firm. Pathways to becoming a practicing Property Lawyer typically require a combined 5-6 years of education and training.

What skills do IP lawyers need?

They need to know how to choose words that resonate with the judge and jury and clearly dispute their opponents' claims.

How much do intellectual property lawyers make?

The national average salary for intellectual property lawyers is $152,537 per year. However, this salary may vary depending on how much experience you have and where you work. For example, an attorney who is a partner at a law firm may earn a higher salary than a junior associate who works at a university.

What is IP legal?

An intellectual property (IP) lawyer is a legal professional who protects the ownership of intangible assets, including: Here are some types of intellectual property that IP lawyers use to protect their clients’ creations:

What is intellectual property law?

Intellectual property law is a legal specialty that protects and defends client designs and ideas. To decide if this is the right specialty for you, it's important to understand the skills and educational background that intellectual property lawyers need. In this article, we discuss the job duties of intellectual property lawyers and ...

What do IP lawyers study?

Although acceptance into law school doesn't require a specific discipline, some IP lawyers study engineering, which provides technical knowledge they may use for cases involving patents. Other aspiring IP lawyers study art, which helps them with court cases regarding the misuse of logos and symbols.

What is an assignment agreement?

Licensing agreements: Lawyers write licensing agreements that state an individual or organization has the owner's permission to use intellectual property under specific terms . Assignment agreements: Clients may seek the guidance of IP lawyers to write assignment agreements that transfer the clients' intellectual property rights to another party.

How much does an intellectual property lawyer make?

For lawyers in all fields, the median annual pay is approximately $120,000, according to the U.S. Department of Labor.

Where do IP lawyers work?

Much of the work IP lawyers do is a far cry from the dramatic courtroom battles seen in movies and television. Rather, most spend time in offices and other locations where they review or produce important documents, conduct interviews, and complete painstaking analyses of often highly technical material.

What do IP lawyers do?

One common task IP lawyers do is preparing documents needed to file for patents or trademarks, and then working with patent and trademark offices in the U.S. and around the world to attain those patents and trademarks.

What are the majors for IP law?

Common undergraduate majors among non-patent IP law students include history, political science, sports or business management, English, art history, and economics. If you're nearing completion of a bachelor's degree but had not previously planned on applying to law school, it’s not too late.

What is an advanced degree in law?

Advanced degrees are generally pursued by those who hope to teach law or conduct scholarly research.

Where do lawyers work?

The Bureau of Labor Statistics reports that lawyers typically work in an office setting. Whether they work at a courthouse or in an office, they’re usually sitting behind a desk for much of their day. While it varies among specialties, many lawyers don’t travel further than a day trip in order to practice law. They might travel to a handful of courtrooms in their geographic area, but it’s uncommon for most attorneys to do a lot of traveling. While lawyers might occasionally have to hit the pavement in order to meet with a client or find a witness, most of what attorneys do happens behind a desk.

What skills do lawyers need?

Time Management. Writing. Lawyers do require a wide range of academic and interpersonal skills. While most people likely know that attorneys need analytical and debating skills, there are a few key skills that are crucial to an attorney’s success which may not be as obvious.

What is MPRE in law?

MPRE. Before writing the Bar exam, aspiring lawyers must write and pass an ethics exam known as the MPRE – Multistate Professional Responsibility Examination. The MPRE is a two-hour, 60-question multiple-choice examination developed by NCBE that is offered three times a year.

What are the jobs of a lawyer?

Lawyers might work in any of the following capacities: 1 Private practice 2 District attorney or prosecuting attorney 3 Public defender 4 Legislative drafter 5 Law professor 6 Non-profit, charity attorney 7 Advocacy and lobbying for a client 8 Advocacy and lobbying for a charity on behalf of underrepresented groups 9 Judge in the judicial system 10 Administrative law judge 11 Magistrate 12 Research assistant for a judge 13 In-house counsel for a corporation 14 Attorney for a government agency

Why do lawyers use their legal training?

On the other hand, an attorney might use their legal training in order to launch a political career. They might make a lateral move to working for a government agency or they might work for a government agency before moving into private practice. Attorneys also might choose academia as their focus.

What do lawyers need to know?

Technology skills. Lawyers need to know how to use technology. Whether a lawyer works in private practice, for a government agency or even as a judge, they have to work with various software systems. Most law firms use a case management system to manage files and bill clients.

What are the requirements for law school?

Law schools have their own requirements for admission and graduation. Admission to law school is selective. Most law schools admit students who have an undergraduate degree and a good grade point average. Applicants typically must submit scores from the LSAT.

Why should cultural competency be taught in law schools?

Regardless of which model is used, cultural competency skills should be taught in law schools, because the ability to effectively represent clients of diverse backgrounds will contribute significantly to the success of future lawyers.

How does culture affect relationships?

Culture can influence the way one views events; the importance one places on roles, hierarchy or personal relationships; priorities regarding the rights of individuals compared to the group; conflict resolution; emotions and the way emotions are displayed; and one’s willingness to discuss intimate or embarrassing issues among other things. 10 For example, some cultures frown upon seeking psychological services, making members of that community unwilling to discuss sensitive, personal issues or to agree to go to therapy after suffering trauma. Another example highlighting the way business practices can vary based on cultural sensitivities and objectives is the following: “. . . in the United States, profit is seen as a legitimate goal, success in business can be measured empirically, and the work ethic is highly developed. For the Japanese, the focus may not be on the pursuit of profit alone, but on human efficiency; the group is superior to the individual.” 11 Culture not only gives us our values and norms of behavior, but also affects how we judge and interact with other people. 12 Thus, it is important that lawyers know both how to gain a client’s trust in a culturally sensitive way and how to attribute the client’s intended meaning to her behavior and communication. 13

Why is it important for lawyers to ask questions?

It is important that lawyers ask questions, are aware of culturally specific body language cues, and respond flexibly when interacting with their clients.

How to teach cross cultural communication skills?

75 These skills can be taught through watching and interpreting videos of interviews, simulated role-playing in class, and student reflection. 76 For instance, students can identify various introductory rituals used by different cultures and integrate them into their simulated interviews. 77 They should also practice deep listening skills and interpreting their client’s nonverbal cues, as both these skills are of heightened importance during cross-cultural interactions. 78 Comparing clients’ behavior to their own and experiencing misunderstandings during role-play can help students recognize potential pitfalls and red flags, plus give them the opportunity to practice finding appropriate remedies. 79

Is cultural competency taught at CUNY?

At CUNY, not only is “cultural competency . . . taught as a distinct topic along with ethics, professional responsibility and substantive law courses,” but also “the faculty at CUNY has studied the issue of cultural competency so that it is included in CUNY 's curriculum in a deliberate and methodical way.”).

Should law schools have a cultural competency course?

Law schools should require, or at least offer, a cultural competency course for all law students in order to prepare them to be effective lawyers in our increasingly diverse world. 44 A semester-long seminar would be the preferable method of teaching cross-cultural lawyering because “ [a]ttaining cultural competence is an ongoing process requiring a long term educational commitment. One does not ‘become competent’ at any one point. Instead, he or she becomes more knowledgeable, aware and sensitive in an attempt to reach competence.” 45 Though a student would not gain complete, “unconscious competence” 46 in just fifteen weeks, one semester would be a sufficient time for students to gain at least some of the skills required for cultural sensitivity, which they can further develop in their subsequent clinical and real world experiences as lawyers. While a year-long course might allow for an even more thorough development of students’ cross-cultural skills, the limitation on how many courses a single law student can take may render a semester-long course sufficient.

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Cultural Property Is A Local, National and International Issue

  • Cultural property law spans state and national boundaries. Internationally, the preservation of cultural property is an important issue during times of war. Nation states must determine how to preserve cultural property between states in times of conflict. In addition, states must work toge…
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Cultural Property Law Is Both Civil and Criminal

  • The field of cultural property law spans both civil and criminal law. In some cases, blatant theft of personal property is a criminal matter. The offender can face incarceration and fines in the jurisdiction where the theft occurs. In other cases, enforcing cultural property law is a matter of civil law. Enforcing civil law may be a matter of drafting and filing a civil claim for return of the pr…
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Major Treaties and Laws

  • There are a number of significant national laws and international treaties that address cultural property preservation:
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Challenges in The Protection of Cultural Property

  • Protecting cultural property poses some unique legal challenges. First, stolen items of personal property may not be recovered for years after its theft. An item might travel through many owners during that time. In addition, attorneys who practice cultural property law must be ready for ongoing jurisdictional challenges. Theft of cultural property often begins in one location but the…
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Who Practices Cultural Property Law?

  • Cultural property lawyers are both criminal and civil lawyers. They might work for a large organization on an international matter, or they might work for an individual client on a small issue like historical preservation of a home. Cultural property lawyers are the government lawyers who implement treaties and enforce violations of anti-theft laws. Cultural lawyers are also lawyers w…
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Preserving Cultural Property

  • Governmental units large and small struggle with how to preserve important property. They rely on lawyers to help them develop and enforce laws and treaties that protect cultural property. Lawyers who focus on cultural property law perform important work for their clients and for society at large. They have the opportunity to preserve cultural property both now and in the futu…
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