Legal Profession in England and Wales

Legal professions in England and Wales
From Wikipedia, the free encyclopedia

Legal professions in England and Wales are divided between two distinct branches under
the legal system, those of solicitors and barristers. Other legal professions in England and
Wales include being judges, as well as the roles of Attorney-General, Solicitor-General, and
Director of Public Prosecutions.[1]
Contents
1 Barristers and solicitors

2 Barristers
o
2.1 Education and organisation
2.2 Fields of practice
3 Solicitors
o
3.1 Education and organisation
3.2 Areas of practice
3.3 Sole practitioner
4 Other legal professions

o
4.1 Judge
4.2 Attorney-General and Solicitor-General
4.3 Director of Public Prosecutions
5 References
6 Further reading
Barristers and solicitors

Main articles: Barrister and Solicitor
Solicitors tend to work together with others in private practice and are generally the first port
of call for those seeking legal advice. Solicitors are also employed in government
departments and commercial businesses. The Law Society is the professional body
representing solicitors.
Barristers, on the other hand, do not generally deal with the public directly, but take their
instructions from a solicitor representing the client. Barristers then represent the client at
court and present their case. The Bar Council is the professional body representing barristers.
To become a barrister or a solicitor requires study at law school, but not necessarily at a
university. University undergraduates who want to study at law school afterwards do not need
to pass all the regular theoretical exams. Education at law school is very related to practice.
Barristers
Main article: Barristers in England and Wales
Education and organisation

To become a barrister requires membership of one of the four Inns of Court in London. The
Inns provide support for barristers and student barristers through a range of educational
activities, lunching and dining facilities, access to common rooms and gardens, and provision
of various grants and scholarships. One of the key functions of the Inns is their responsibility
for calling barristers to the Bar. Anyone wishing to train for the Bar must join one of the Inns
and it is the Inns alone which have the power to call a student to the Bar. Alongside this
responsibility, the Inns also have a role in administering disciplinary tribunals to deal with
more serious complaints against barristers.[[2]
Members can be lawyers or judges and moreover prospective barristers. All four Inns have
the Council of Legal Education in common which organizes education and exams of the
affiliated law students. The Council of Legal Education and the Board of Examiners jointly
regulate entry to the Legal Profession. The role of the Council is to determine the
requirements for admission, to approve law courses and practical legal training providers, and
to assess the qualifications of overseas practitioners.
The Board determines the eligibility of individual applicants for admission and provides the
certificate upon which the Supreme Court relies when admitting an applicant to practice as a
lawyer.[3] For studies at an Inn an applicant needs to provide a comprehensive A-level, a good
educational background, and an unblemished reputation. During three years of education a
student needs to pass two main exams: The first part is theoretical, which university graduates
usually are spared. The second part consists of practical courses and is an assumption and
obligation for becoming a barrister (Bar Vocational Course). After calling to the bar, a young
barrister has to pass a yearlong pupillage with an experienced barrister before being allowed
to practice law self-employed.
Fields of practice
The main actions of barristers involve going to court, especially to the higher courts. They
make speeches in front of the court, they write briefs, they give legal advice, and they provide
expert opinion for difficult cases. Usually they use briefs of professional clients, solicitors,
and accountants. The barristers analyze the briefs and bring the results to the court. At the
moment, there are approximately 10,000 barristers in England and Wales. Most of them have
their offices in London. Their elite still form the Queen's Counsels, of which many of the
judges for higher courts are chosen. The Queens counsels are publicly known for wearing
silk gowns.
Contact between a barrister and a client is now permitted.
Solicitors
Education and organisation
Solicitors have their own professional association which is called Law Society, established in
1826. The Law Society is authorized by act of law, by the law chancellor and a few other
high-ranking judges to regulate the education and admission of barristers. Law Society made
an effort to raise the standards of the solicitor profession in order to improve its reputation.
Since 19th century the reputation of solicitor is nearly the same as of the barrister. General
admissions to enter the Law Society for expectant solicitor are similar to the admissions of
barristers. General qualification for university entrance is required; a bachelor degree from a
university is not required but could be useful.
In order to become a solicitor, trainees need to pass a four- or five-year apprenticeship as an
articled clerk. Trainees spend this time at a practicing solicitor parallel to classes at the Law
Society and has to pass two exams. The first exam is a theoretical exam, and is required for
university graduation. After successful examinations and fulfilling the articles, the candidates
must request the Master of the Rolls for admission to the official list of licensed solicitors,
called the Supreme Court Roll of Solicitors.
Areas of practice
The field of action of a solicitor is versatile and cannot be easily displayed. A solicitor stays
in direct contact to his clients and gives them personally legal advice. Clients can be members
of the public, businesses, voluntary bodies, charities etc.[4] A solicitor prepares the lawsuit for
his clients and represents his parties personally in the lower courts (magistratescourts,
county courts and tribunal). In cases on higher courts (High Court or higher) where a barrister
is necessary, a solicitor acts as an agent.[5] Moreover, solicitors practice is comparable to
notary public. Dealing with conveyancing as well as trust businesses, developing last wills,
and administrating estates are parts of solicitors' practice.
Furthermore he oversee contract conclusion and consulting in various fields of law like tax,
competition, insurance and company law. Profitable real estate businesses makes over 50% of
his income.
Currently there are approximately 100,000 solicitors in England and Wales. 25% of it stay in
employer-employee relationship at companies, bigger solicitor offices or administrations.
75% of it works as self-employed.
Sole practitioner
A sole practitioner works on his or her own, has no partners, and usually handles smaller
cases, most of which dealing with subjects such as family law, employment law, and housing
law.
Other legal professions

Judge
The English legal system requires judges, except for the honorary Justices of the peace at
magistrates courts, first practise for several years as a barrister or solicitor with a good
reputation. County-court judges are appointed by the Crown with the suggestion of Lord
Chancellor. They have to practise as barrister for at least seven years before they can be
suggested. 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. For the appointment of judges of the House of Lords,
it is the same case; moreover, they are appointed for Life Peers.
In order to become a Law Lord, a judge needs to practise for at least 15 years as a barrister or
for two years in a high judgeship. The Prime Minister also recommends candidates for Lord
Chancellor, Lord Chief Justice, and the Master of the Rolls to the Queen.
Attorney-General and Solicitor-General

The Attorney-General advises the Crown in legal issues and acts as plaintiff for the Crown in
very important cases. The Attorney-General is a member of the House of Commons and is
usually barrister with high reputation. This is true as well for the solicitor-general, who is the
agent of the Attorney-General. Both belong to the ruling party in the parliament. They are
appointed by the Prime Minister and must abdicate in case of change in government.[6]
Director of Public Prosecutions

In general the Director of Public Prosecutions gives advise to police and other law
enforcement agencies and is not a political civil servant. To become a Director of Public
Prosecutions, applicants need to have at least ten years of practical experience.
References
1.
Abel, Richard L. (1 January 1998). The Making of the English Legal Profession: 18001988. Beard Books. ISBN 978-1587982507.
"Inns of Court". Barcouncil.org.uk. Archived from the original on July 1, 2011.
Retrieved 2011-07-14.
"Council of Legal Education | Board of Examiners |". Lawadmissions.vic.gov.au.
Retrieved 2011-07-14.
"What does a solicitor do?". Courses-careers.com. 2010-06-18. Retrieved 2011-0714.
"Career options". The Law Society. Retrieved 2011-07-14.
6.
Bugg, Stuart G.; Simon, Heike (2006). Langenscheidt/Alpmann
Fachwrterbuch Kompakt [Langenscheidt Alpmann Dictionary of Law Concise
English Edition]. Mnster: Alpmann Schmidt. ISBN 978-3894767976.
Further reading
Abel, Richard L. The Making of the English Legal Profession: 1800-1988 (1998),
576pp
Jones, W. J. Elizabethan Court of Chancery (Oxford 1967)
Knafla, Lewis K. Law and politics (Cambridge 1977)
Lemmings, David. Gentlemen and Barristers: The Inns of Court and the English Bar,
1680-1730 (Oxford 1990)
Levack, Brian. The civil lawyers (Oxford 1973)
Prest, Wilfrid. The Inns of Court (1972)
Prest, Wilfrid. The rise of the Barristers (1986)

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Legal professions in England and Wales

From Wikipedia, the free encyclopedia

1 Barristers and solicitors

2.1 Education and organisation

2.2 Fields of practice

3.1 Education and organisation

3.2 Areas of practice

3.3 Sole practitioner

4 Other legal professions

4.2 Attorney-General and Solicitor-General

4.3 Director of Public Prosecutions

Barristers and solicitors

Education and organisation

Other legal professions

Attorney-General and Solicitor-General

Director of Public Prosecutions

Jones, W. J. Elizabethan Court of Chancery (Oxford 1967)

Knafla, Lewis K. Law and politics (Cambridge 1977)

Levack, Brian. The civil lawyers (Oxford 1973)

Prest, Wilfrid. The Inns of Court (1972)

Prest, Wilfrid. The rise of the Barristers (1986)

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