1 English Legal System Legal Profession

2 Barristers & Solicitors UK is one of only three countries to have a divided legal profession. We say the profession is divided as the practice of law is performed by two groups called 1) solicitors & 2) Barristers

3 Solicitors A solicitor can be said to be a : 1) general practitioner (but in some cases he specializes in certain areas of law too) 2) a lawyer who deals with clients direct 3) who recommends complicated cases to the specialist..i.e Barristers 4) usually restrict themselves with conveyancing or revenue work (less advocacy) There were 100,957 as of July 1999

4 History / Solicitors A solicitor was known as an attorney, the word coming from the latin word “attornatus”, who was a medieval officer of the court who dealt with initial stages of the case. In 1831, “The society of Attorneys Solicitors Proctors and Others” was given its royal charter, but gradually the word attorney fell from general use.

5 Barristers & Solicitors Before Solicitors practiced at the lower courts and the Barristers had access to the higher courts. Access of Justice Act 1999 provides that : every barrister and every solicitor has a right of audience before every court in relation to all proceedings.

6 Training Standard route : 1) Law degree followed by a 1 year Legal practice Course (LPC) 2) A term as a trainee solicitor (apprenticeship) 3) admission to the law society Non-Law graduates : 1) Common professional examination 2) 1 year legal practice course 3) Term as a trainee solicitor 4) admission to the law society

7 The Law society Profession’s governing body : The Law society Solicitors Act ) maintains professional standard 2) looks into complaints against solicitors 3) Holds tribunals and may strike out name from rolls 4) ensures welfare and that solicitors are insured against claims

8 Barristers Generally thought of as advocates who appear in court, as opposed to solicitors. Barristers tend to specialize in particular areas of work. As of Sep 2000, there were 10,132 barristers in England and Wales. There were Queen’s Counsel of whom 990 were men and 82 women.

9 Barristers The Bar is actually an association of the members of the Inns of Court since the 14th century Today there are four Inns of Courts Inner Temple Middle Temple Lincoln’s Inn Gray’s Inn Barristers are also known as Counsel when acting in the course of their profession

10 Queen’s Counsel The Queen’s Counsel are senior barristers of special merit The status is usually conferred upon about 45 barristers every year. It is called “taking silk”. Should have at least 10 years of practice experience.

11 Barristers Training Usual method : 1) Register with one of the Inns of Court 2) Have a Law Degree 3) Professional training 1 year leading to the Bar examination 4) pupillage with a senior barrister Non-Law graduate: 1) Study and sit for the Common professional exam 2) Proceed to Bar exams 3) register with Inns of court 4) pupillage

12 Body governing barristers The General Council of the Bar (Bar Council) 1) Barristers’ code of conduct 2) disciplinary matters 3) interests and welfare of the barristers

13 Immunity from negligence claims Until recently Barristers could not be sued for negligent conduct in the course of their work. Rondel v Worsley (1969) This immunity also extended to solicitors who act as advocates Saif Ali v Sidney Mitchell (1980) Arthur JS Hall and co v Simons and other appeals (2000) HL Held : it was now clear that it was no longer in the public interest that advocates should be immune to negligence claims by their clients.

14 Should lawyers be immune Yes : 1) Lawyers owe a duty to the court,..if they are not immune they would have to “watch their back all the time” 2) Cab rank rule meant that they cannot refuse to accept a case…if they they are not immune they might want to refuse some difficult cases 3) Witnesses, judges, other officers of court are immune,..why not lawyers 4) will result in case opening up again and result in a “retrial”

15 Should lawyers be immune No : 1) Doctors and other professionals are not immune,..why should lawyers. 2) They owe a duty of care, as equally as other professionals, to not be negligent in their course of work

16 Fusion of professions Arguments against : The law society and the Bar council of course are against fusion and they claim that : 1) it would lead to a fall in the quality of advocacy 2) Leading barristers would be encouraged to join larger firms instead of practicing alone 3) Chambers would cease to exist

17 Fusion of professions Arguments for : Clients would of course prefer a fused profession 1) It would be cost efficient for clients 2) would reduce or eliminate miscommunication between solicitors and counsel in the advice to counsel. 3) encourage closer contact between clients and counsel

18 Solicitor’s nature of work n They advice and represent clients. n They draw up wills, contracts and partnerships n Do conveyancing and matrimonial work n They handle simple accident claims n Responsible for pre-court work n Entitled to audience in lower courts/High court (with audience to all courts provided training completed)