Legal professions

Solicitors and barristers The English legal profession is divided into two main branches: solicitors and barristers. They follow different training, have different skills, and traditionally have different roles in the legal system – although recent reforms have brought them closer together. solicitors are traditionally the first point of contact for someone who needs legal advice and are generally associated with broader, more varied legal skills and work (although today many are specialists in a particular area). Barristers on the other hand are traditionally specialists in advocacy (presenting cases in court) and offering advice on complex legal issues.

SOLICITORS A solicitior may work as a sole practitioner in a law firm or ABS in the legal department of a company, NGO or government May be specialists or generalists   There are ten times more solicitors than barristers – there are currently about 14,000 barristers and 150,000 solicitors in England and Wales. Who employs them? A solicitor may work as a sole practitioner (alone) join a small or large law firm, or work in the legal department of a company, NGO (ONG) or government Solicitors may be specialists or generalists (but in recent years the number of specialist firms has grown).

Solicitors Advise on and deal with everyday legal procedures Advise clients who are accused of a crime or involved in civil litigation Draft legal documents Appear as advocates in the lower courts Brief barristers Solicitor advocates can appear before the higher courts What do they do? Solicitors give legal advice to ordinary people / the general public, when they need help with everyday legal procedures such as adoption, divorce or creating a company. They advise clients who are accused of a crime or involved in civil litigation and prepare cases for trial. In criminal cases and often in civil cases the solicitor is the first point of contact for someone who needs legal assistance. > primary litigators Draft legal documents They appear as advocates in the lower courts (Lower courts hear simpler, low value and less serious cases, but the majority of cases are heard there – for example, 95% of criminal cases are heard in the magistrates’ court, the lowest level criminal court).   If a barrister is needed for the case, the solicitor will brief the barrister, which means that they investigate the case and write a brief which explains the client’s case. The barrister then represents the client in court. (Before 1990 only barristers could appear as advocates in higher courts, and they still appear in many more cases than solicitor advocates).  Pursuant to the Courts and Legal Services Act 1990 they can also appear as advocates before the higher courts, if they complete additional training. They are then called solicitor advocates.

BARRISTERS Litigation They have rights of audience in all courts. Must have excellent advocacy skills and specialist knowledge. Usually contacted and briefed by a solicitor (not the client). Opinions: Give written opinions on complex points of law. BARRISTERS  Historically, barristers have more prestige and are better-paid than solicitors.  What do they do?  Barristers are specialised in criminal or civil work.  Litigation: They have rights of audience (the right to plead a case) in all courts, and often appear as advocates / plead in higher courts (which involve high-value or complex civil cases and serious criminal cases).  They must have excellent advocacy skills and specialist knowledge to enable them to present complex cases.  They are usually contacted and briefed by a solicitor (not the client). . However members of some other professions can instruct (hire) barristers without the help of solicitors since 2004, some barristers can be contacted directly by the general public in some cases (although not in criminal cases).  Under the cab-rank rule, barristers cannot refuse a case which they are capable of presenting, if the client can pay their fee.  Opinions: As they are specialists, they have an excellent knowledge of legislation and precedents, and can give written opinions on complex points of law.  

Training After achieving excellent A-level grades, prospective solicitors and barristers mustcomplete a law degree (LLB) with at least a 2:1* orcomplete any other university degree with at least a 2:1* and then complete a one-year conversion programme (a CPE/GDL) Often first (top 10%), if 2:1 a good 2:1 SOLICITORS Prospective solicitors then complete a Legal Practice Course (LPC) which takes one year and develops legal knowledge and professional skills. Next they must become trainee solicitors: for two years they work as trainees in a law firm. Finally they become a solicitor (they are “admitted to the roll”) BARRISTERS Prospective barristers must then- Complete a Bar Professional Training Course (BPTC) which lasts one year and teaches professional legal skills, including advocacy (pleading in court) Before starting a BPTC they must be admitted to one of the four Inns of Court (social and professional societies for lawyers) > v old exist since 16th century Then qualified barrister Next they must complete a pupillage: for one year they work as a trainee under an established barrister (this is a big barrier, v few places, hard to find unless you are really exceptional. At the end, qualified

Queen’s Counsel Queen’s Counsel: The best barristers and solicitor advocates may be appointed as Queen’s Counsel (QCs). = “taking silk”

Judges After 5 – 10 years a solicitor or barrister can apply to the Judicial Appointments Committee (JAC) to become a judge.

Alternative Business Structures (2007) Mean that law firms can be owned by anyone who is fit and proper