The Legal Profession

Lincoln's Inn Gray's Inn Middle Temple Inner Temple

Parliament Royal Courts of Justice Saint Paul’s Cathedral

BARRISTERS: History Late 13 th century: Barristers move in the Inner and Middle Temples, later Gray’s and Lincoln’s 17 th century: The right to practice as an advocate in the Royal Courts restricted to members of the Inns 1894: Creation of the General Council of the Bar (Bar Council) 1990: Courts and Legal Services Act: the Bar Council is the only authorised body for the profession 2006: Creation of the Bar Standards Board: an independent regulatory board

BARRISTERS: QCs As of December (12709 self-employed barristers) QCs First Queen’s Counsel: Sir Francis Bacon (1603) 2003: Appointment of QCs suspended 2004 (November): Appointment of QCs resumed Creation of a nine-member panel: chaired by a lay person two barristers two solicitors one retired judge three non-lawyers

BARRISTERS: Training Common Professional Exam (CPE) or the Graduate Diploma in Law (GDL) Bar Professional Training Course (BPTC) (1 year) [former Bar Vocational Course (BVC) before 2010] Pupillage – apprenticeship with 12 qualifying sessions (1 year) A law degree (LLB for Legum Baccalaureus) or

BARRISTERS: Public Access Barristers can be directly instructed by members of the public => Public Access Barristers It requires extra legal qualification Extension to “family, criminal and immigration work”. Publicly funded work will continue to be unavailable. Barristers are to be permitted to engage in correspondence between the parties, although the prohibition on the conduct of litigation will remain Public Access scheme: 2009 Public Access Scheme Application by the Bar Standards Board:

SOLICITORS: History Mid-16 th century: Two professions: attorneys (lawsuits) in common law and solicitors (landed estates) in equity 1823: Creation of the The London Law Institution, then The Law Institution 1903: Creation of The Law Society 2007: Creation of The Solicitors Regulation Authority (SRA): an independent regulatory board (The Legal Services Act 2007) 1873: Fusion of attorneys and solicitors (Judicature Act) now known as “solicitors of the Senior Courts” 1974: Solicitors Act: defines the practice of solicitors

SOLICITORS: Activities conveyancing probate litigation

SOLICITORS: Figures conveyancing: transfer of ownership => monopoly lost (1990 Courts and Legal Services Act) probate: last wills and testaments (but also practiced by legal executives) litigation: Rights of Audience (1990 Act) => solicitor-advocate As of July ,394 solicitors on the Roll - 49% are women Higher Courts Qualification Regulations 2000: higher rights of audience development (training, assessment, and a portfolio of cases) accreditation (experience and an advocacy assessment) exemption (sufficient experience) former barrister

A SPLIT PROFESSION? PROS: independence of the bar recourse to all of the specialist barristers at the bar barrister = a check on the solicitor trials conducted by experienced specialist advocates CONS: higher costs barristers "over-specialised” barristers unlikely to criticise solicitors duplication of work cab-rank rule