Pegasus Scholars: USA
Eleanor Roosevelt once said: “True hospitality consists of giving the best of yourself to your guests.” This sentiment encapsulates the genuine warmth and generosity shown by all those I’ve encountered throughout my unforgettable Pegasus Scholarship to Arizona, California, Colorado, Nevada, Maryland, Utah, Virginia, and Washington D.C.
As a family lawyer, I wanted to use this scholarship to understand more about key issues within my practice area, but also about legal education and the culture and heritage of the USA. I can confidently say that I have explored these issues and more.
Legal Education
USA Pegasus Scholarships are arranged by the English and Welsh Inns of Court and its younger counterpart, the American Inns of Court (“AIC), founded in 1980. Although they share many values, there are over 300 separate Inns in the AIC – some generic, others specialised by practice area.
I had the opportunity to visit three different Inns: The Anthony M Kennedy Inn, Sacramento, the Earl Warren Inn of Court, Oakland, and the Sutherland II Inn of Court, Salt Lake City. Members of each Inn meet monthly to undertake continuing education, usually in the form of a pre-dinner “skit” (a short dramatic performance by members, addressing a legal or ethical issue) which is then discussed between members. Whilst skits are a world away from the continuing education offerings in the UK, both involve coming together to share learning experiences.
I also had the opportunity to attend the AIC Celebration of Excellence – an annual ceremony hosted at the Supreme Court of the United States (“SCOTUS”). It comprised an award ceremony for those who made significant contributions to the AIC and the wider legal community and a formal dinner in the Great Hall.
During my visits to various law schools, including Georgetown and Howard Universities in Washington DC, and the McGeorge School of Law at the University of the Pacific in Sacramento, I gained insights into the structure of legal education in the USA. A key distinction is that law is only offered as a postgraduate degree. American legal programs also place a significant emphasis on developing advocacy and practical skills, such as drafting – in contrast to the UK where these skills are typically taught during postgraduate study on the Bar course and in pupillage.
Once an American law postgraduate student graduates and passes the Bar, there is no mandatory training akin to pupillage. Many new attorneys undergo supervision within their firms, but others choose to establish themselves in self-employed practice from the outset. Notably, theirs is a blended practice, with attorneys handling the full spectrum of litigation and advocacy. This distinction reflects a key divergence between the two legal systems.
Family Law Issues
It is impossible to consider everything I learned about family law within this short review, so I will address the doctrine of ‘community property’ in divorce proceedings.
It is impossible to consider everything I learned about family law within this short review, so I will address the doctrine of ‘community property’ in divorce proceedings.
In essence, the community property doctrine presumes that most property acquired during the marriage is deemed ‘community property’, jointly owned by both spouses, resulting in an automatic 50 per cent distribution to each party upon divorce. This stands in stark contrast to the established doctrine in England and Wales, which considers needs, sharing, and compensation. Community property also applies to liabilities, equally assigning responsibilities to each party. While this distribution may influence alimony (or ‘spousal maintenance’ as it is known here in the UK), it entirely excludes separately owned property. Consequently, one party may be left without a share in assets like the family home, if the home was acquired before the marriage. Similarly, a business owned by one party, made feasible by marital sacrifices, may also be exempt from distribution.
Furthermore, unlike separate applications for divorce, financial remedies, and child arrangements in England and Wales, filing for divorce in most states allows the court to comprehensively address all family-related matters. This holistic approach offers distinct advantages, facilitating a thorough consideration of all relevant issues related to the family.
Culture and Heritage
I embraced the chance to experience American culture outside our formal program.
My co-scholar, Danielle, and I went whale watching in Monterey Bay and Carmel, Northern California, and spotted seals, sea otters, dolphins and humpback whales preparing for their southward migration. Thanks to our generous hosts, Parker White and his partner, Carole, we also visited Yosemite and Lake Tahoe. Our tour of San Francisco included iconic spots like the Golden Gate Bridge and Lombard Street, and, of course, a ride on the famous streetcar.
In Utah, we rode horses in the Wasatch Mountains and visited Park City to see snow-covered mountain tops. Two nights in Las Vegas marked a drastic shift from the conservative culture of Utah.
Then came Washington DC, the nation’s capital, with its historic monuments and museums showcasing the USA’s history and diversity. As a first-time visitor to DC, the grandeur of monuments dedicated to civil rights leaders and presidents was truly spectacular. A personal highlight was a visit to the Archives of the United States, where we got an exclusive view of the Declaration of Independence, the Constitution, and the Bill of Rights before the usual crowds arrived.
Summary
My Pegasus Scholarship has been a truly once-in-a-lifetime experience which would not have been possible without the Pegasus Trust or AIC’s commitment to the program. My thanks go to Cindy Dennis and our hosts Ellen and Tim DelSole, Art Scotland, Parker White and Carole McCook, and Larisa Lee for whose hospitality I will be forever grateful.
Liam Kelly Deans
Court Chambers
