The Legal Profession: The Differences & Similiarities Between Solicitors & Barristers - Coursework Example

THE LEGAL PROFESSION: THE DIFFERENCES & SIMILIARITIES BETWEEN SOLICITORS & BARRISTERS Word Count 000 In Britain and other Commonwealth Courts, the legal profession is divided into two branches: Solicitors and Barristers1. The profession of Solicitors is regulated by the Law Society whilst the profession of Barristers is regulated by the Bar Council. Since the fourteenth century, Great Britain has maintained this bifurcated legal professions2. Due to this, the two branches of the legal profession receive different legal training and perform distinct function in the British legal system3. Solicitors take care of most legal businesses. In other words they handle the affairs relating to the running of the affairs of a legal office. Typically, a solicitor advices clients on legal, business and personal matters. Barristers on the other hand perform the technical aspects of the judicial process. They specialise in trial and appellant advocacy. The Solicitor listens and documents the case of a client and then presents it to the Barrister for further action. The Barrister studies the facts, identify the relevant legal statutes and instruments and manufactures a case that s/he presents at the court of law. Due to the constant link between Solicitors and clients, they are normally allowed to advice clients on legal, business and personal matters and this has been the limitation of the scope of Solicitors4. Also, the role of Barristers has traditionally been limited to advocacy. However, with the passing of the Court and Legal Services Act 1990, broke the monopoly of Solicitors to undertake the conveyance of properties. Also, it broke the monopoly of Barristers to advocacy and litigation. Under the Act, Solicitors have the right to present evidence in Crown Courts, High Courts, Court of Appeal, Privy Council and House of Law if a lawyer is a Solicitor Advocate. Also, Part 3 of the Access to Justice Act of 1999 allows Solicitors to appear as advocates for domestic and small cases. This is a logical adjustment to the division of the two branches because Solicitors often maintain close contact with clients and it is therefore necessary for them to stand in for clients in such sensitive matters. There are also significant difference between the two branches of the legal profession by way of progression into membership5. Kogan Page (2006) states that to become a Barrister, one needs to join an Inn of Court, Complete the Academic Stage of Training and Complete the Vocational Stage of Training. To practise as a Barrister in England & Wales, one needs to attend a 1 year full-time or 2 year part-time Bar Vocational Course at a valid institution and complete assessment successfully. Once this is done, a person needs to serve a 1 year pupillage before s/he can be called to the Bar. For an individual to become a Solicitor, s/he needs to be admitted as a Solicitor with his or her name entered in the Roll of Solicitors. The person needs to hold a practising certificate issued by the Law Society. In order to attain this, one needs to pass relevant examinations and complete two years of contract and professional skills course. In countries like the United States of America, the role of the Barrister and Solicitor is not separated. A lawyer can decide to practice as a solicitor or barrister. There is therefore an ongoing debate about whether the legal profession should remain separated between these two classes or merged like it is in other countries. Those who argue for the role of Barristers and Solicitors to be separated say that the split enables Barristers and Solicitors to specialise and build strong competencies that will help in the delivery of Justice6. . Also, if there is a merger, it is likely that the best Barristers will join the big firms of Solicitors and there will be fewer Barristers and Advocates for other Solicitors who might genuinely need good Advocates. In other words, the financial rewards promised by larger solicitor firms will attract all Barristers who will quickly learn how to interact with clients and become higher wage earners. This will mean that justice will tilt only to those who can afford these Barristers turned Solicitors to the detriment of those who cannot pay for their services. Barristers are always needed in the legal system because they will advice and instruct juries to ensure that there is fairness and hence the improvement of social structures in the society, which is the essence of Law. Those who argue for the fusion of the two streams of legal practice state that it is expensive to maintain a parallel system7. This is because a client seeking justice will have to pay for the services of a Solicitor then a Barrister, which is the duplication of work that one person can competently do. Also, there are delays in waiting for a Solicitor to get in touch with a Barrister and exchange paperwork amongst other things. These delays can affect the justice delivery process. Also, maintaining two distinct legal practice systems means the early specialisation of legal professionals in their career. This means that they will be restricted to a given branch of law for the rest of their lives and cannot switch easily. This implies the potential loss of talents to a branch that they are not gifted in. Another argument is that other nations do not have a distinction between Solicitors and Barristers, yet their legal system is thriving just well. Thus the UK and other British Commonwealth nations could follow suit and nothing will happen. Conclusions The practice of Law in British Commonwealth nations separates the role of Solicitors and Barristers. This is evident in the regulatory structures, legal limits and progression systems which differs between the two branches. One school of thought argues that the two units should be kept separate to ensure specialization and the proper functioning of the British Legal system. Another school of thought states that the separation leads to a duplication of efforts and can be changed to become like other legal systems Bibliography Abbot, Keith; Pendlebury Norman & Wardman, Kevin (2007) Business Law London: Thomas Learning Harris, Phil (2007) An Introduction to Law Cambridge University Press Kogan Page (2006) British Qualfications: Complete Guide to Professional: Vocational & Academic Qualifications in the UK London: Kogan Page Tarr, Alan, G (2010) Judicial Process & Judicial Policy Making Wadsworth: Cengage Learning Read More