The Legal Professions in England and Wales

 Two branches: solicitors and barristers  Each is governed by its own professional body: A regulatory body that can set rules and discipline solicitors and represent their interests)  - Solicitors (130,000) are represented by the Law Society (A regulatory body that can set rules and discipline solicitors and represent their interests) - Barristers (15,000) by the Bar Council (Regulated by a Code of Conduct with regulatory and representative functions)

The role of solicitors  Stays in direct contact to his clients  Gives personally legal advice  Prepares the lawsuit and represents his parties personally in the lower courts (magistrates’ courts, county courts and tribunal).  Deals with non-contentious matters = a notary: probate, conveyancing, trust businesses, administrating estates  oversees contract conclusion and consulting in various fields of law like tax, competition, insurance and company law.  Most of them work in firms  The Access to Justice Act of 1990 allowed them to apply for advocacy rights in the higher courts (only 2% applied) = sollicitors-advocate

Training  Undergraduate Law Degree LLB or another degree + one year of conversion  Law-school: One-year Legal Practice Course (LPC) and takes the CPE – Common Professional Examination  Admission to the roll  Trainee for 2 years with a senior solicitor  Practicing certificate  After 3 years can work as a sole practioner

Barristers  The right of audience in every court  They are the court advocates and consultant specialists of the legal profession  Court work – providing representation  Specialist legal advise – giving opinions  Self-employed  Work in chambers  Can practise alone, working from an office or home  Since the Public Access Rules 2010, can be contacted directly

Training  Undergraduate Law Degree LLB or another degree + one year of conversion  Law school: Bar Professional Trading Course BPTC to gain practical skills of advocacy  Called to the Bar in an Inn of Court  One-year pupillage in a chamber (6-months non- practicing and 6-months practicing)  Can apply to tenancy in a chamber

The Inns of Court  Gray’s Inn, Lincoln’s Inn, Inner Temple and Middle Temple  Provide supplementary education during the 'Bar School' year, pupillage and the early years of practice.  Keeping terms (attending )  Keeping terms (attending formal dinners followed by law-related talks, training)  Call to the Bar – passing the examination conducted by the Council of Legal Education

Silks and Queen’s Counsels  When a junior barrister has practised at the Bar for years, it is possible to apply to the Lord Chancellor to ‘take silk’ - to become a senior barrister, or Queen’s Counsel.  An independent selection panel recommends who should be appointed to the Lord Chancellor

 The House of Lords held in Arthur JS Hall and Co v Simmons (2002) that it is no longer in the public interest for advocates to have immunity from suit.  Barristers can now be sued for professional negligence alleged to have occured in court (previously they could be sued only for out- of-court peparatory work)

 The Legal Services Act 2007 allowS non- lawyers to own and invest in law firms.  Ownership of legal services providers – currently restricted to lawyers – will be open to anyone deemed "fit or proper". This could be an insurance company or a supermarket – hence the sobriquet "Tesco law".

 Need to practise for several years as a barrister or solicitor with a good reputation.  Need to apply to the Judicial Appointments Commission  County-court judges are appointed by the Crown with the suggestion of Lord Chancellor.  To practise in the High Court, judges need to be suggested by the Lord Chancellor and need to be barristers for a minimum of ten years.  Judges at the Court of Appeal are appointed by the Queen as recommended by the Prime Minister; they have to have experiences as a barrister for 15 years.

 advises the Crown in legal issues and acts as plaintiff for the Crown.  a member of the House of Commons and is usually barrister with high reputation.  the solicitor-general is the agent of the Attorney-General.  Both belong to the ruling party in the parliament. They are appointed by the Prime Minister and have to abdicate in case of change in government.

 Barristers have to:  accept any brief to appear before a Court in which he professes to practise  accept any instructions  act for any person on whose behalf he is instructed and do so irrespective of - the party on whose behalf he is instructed - the nature of the case - any belief or opinion which he may have formed as to the character, reputation, cause, conduct, guilt or innocence of that person.

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Complete the following: Professional _________ must be passed before anyone can become a solicitor. A solicitor is bound contractually to his or her client and can be sued for _____________. Barristers may take instructions only from __________, not from _________ directly.

 Professional EXAMINATION must be passed before anyone can become a solicitor. A solicitor is bound contractually to his or her client and can be sued for NEGLIGENCE. Barristers may take instructions only from SOLICITORS, not from LAY CLIENTS directly.

Fill in the blanks with the words from the list below: monopolies, sections, scrutiny, feature, clients, eroded, audience, conveyancing,  The chief ____________ of the English legal profession is that it is divided into two ____________, solicitors and barristers. The two sides were, traditionally, characterised by their ________________. The Bar had a monopoly over rights of ________________ in the higher courts and solicitors have a monopoly over initial contact with most _______________. Solicitors’ best-known monopoly was ____________________. These monopolies have been considerably _____________ in the 1980s and 90s and the legal profession has been in a state of flux since it was subject of __________________ by the Royal Commission on Legal Services from

 The chief FEATURE of the English legal profession is that it is divided into two SECTIONS, solicitors and barristers. The two sides were, traditionally, characterised by their MONOPOLIES. The Bar had a monopoly over rights of AUDIENCE in the higher courts and solicitors have a monopoly over initial contact with most CLIENTS. Solicitors’ best-known monopoly was CONVEYANCING. These monopolies have been considerably ERODED in the 1980s and 90s and the legal profession has been in a state of flux since it was subject of SCRUTINY by the Royal Commission on Legal Services from