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English Legal SystemEnglish Legal SystemLegal ProfessionLegal Profession

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Barristers & SolicitorsBarristers & SolicitorsUK is one of only three countries to have UK is one of only three countries to have a divided legal profession.a divided legal profession.

We say the profession is divided as the We say the profession is divided as the practice of law is performed by two practice of law is performed by two groups calledgroups called

1) solicitors &1) solicitors &2) Barristers2) Barristers

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SolicitorsSolicitorsA solicitor can be said to be a :A solicitor can be said to be a :

1) general practitioner (but in some cases he specializes 1) general practitioner (but in some cases he specializes in certain areas of law too)in certain areas of law too)

2) a lawyer who deals with clients direct2) a lawyer who deals with clients direct

3) who recommends complicated cases to the 3) who recommends complicated cases to the specialist ..i.e Barristersspecialist ..i.e Barristers

4) usually restrict themselves with conveyancing or 4) usually restrict themselves with conveyancing or revenue work (less advocacy)revenue work (less advocacy)There were 100,957 as of July 1999There were 100,957 as of July 1999

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History / SolicitorsHistory / SolicitorsA solicitor was known as an A solicitor was known as an

attorney, the word coming from the latin wordattorney, the word coming from the latin word

““attornatus”, who was a medieval officer of the attornatus”, who was a medieval officer of the

court who dealt with initial stages of the case.court who dealt with initial stages of the case.

In 1831, “The society of Attorneys Solicitors In 1831, “The society of Attorneys Solicitors Proctors and Others” was given its royal charter, Proctors and Others” was given its royal charter, but gradually the word attorney fell from general but gradually the word attorney fell from general use.use.

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Barristers & SolicitorsBarristers & SolicitorsBefore 1999 - Before 1999 - Solicitors practiced at the lower courts and the Solicitors practiced at the lower courts and the Barristers had access to the higher courts.Barristers had access to the higher courts.

Access of Justice Act 1999Access of Justice Act 1999 provides that : provides that :

every barrister and every solicitor has a right ofevery barrister and every solicitor has a right of

audience audience before every courtbefore every court in relation to all in relation to all

proceedings.proceedings.

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TrainingTrainingStandard routeStandard route : :1) Law degree followed by a 1 year Legal 1) Law degree followed by a 1 year Legal

practice Course (LPC)practice Course (LPC)2) A term as a trainee solicitor (apprenticeship)2) A term as a trainee solicitor (apprenticeship)3) admission to the law society3) admission to the law society

Non-Law graduatesNon-Law graduates : :1) Common professional examination1) Common professional examination2) 1 year legal practice course2) 1 year legal practice course3) Term as a trainee solicitor3) Term as a trainee solicitor4) admission to the law society4) admission to the law society

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The Law societyThe Law societyProfession’s governing body : The Law societyProfession’s governing body : The Law societySolicitors Act 1974Solicitors Act 1974

1) maintains professional standard1) maintains professional standard

2) looks into complaints against solicitors2) looks into complaints against solicitors

3) Holds tribunals and may strike out name from 3) Holds tribunals and may strike out name from rollsrolls

4) ensures welfare and that solicitors are insured 4) ensures welfare and that solicitors are insured against claimsagainst claims

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BarristersBarristersGenerally thought of as advocates who Generally thought of as advocates who appear in court, as opposed to solicitors.appear in court, as opposed to solicitors.

Barristers tend to specialize in particular Barristers tend to specialize in particular areas of work.areas of work.

As of Sep 2000, there were 10,132 As of Sep 2000, there were 10,132 barristers in England and Wales.barristers in England and Wales.

There were 1.072 Queen’s Counsel of There were 1.072 Queen’s Counsel of whom 990 were men and 82 women.whom 990 were men and 82 women.

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BarristersBarristersThe Bar is actually an association of the The Bar is actually an association of the members of the Inns of Court since the 14th members of the Inns of Court since the 14th centurycentury

Today there are four Inns of CourtsToday there are four Inns of CourtsInner TempleInner TempleMiddle TempleMiddle TempleLincoln’s InnLincoln’s InnGray’s InnGray’s Inn

Barristers are also known as Counsel when Barristers are also known as Counsel when acting in the course of their professionacting in the course of their profession

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Queen’s CounselQueen’s CounselThe Queen’s Counsel are senior barristers The Queen’s Counsel are senior barristers of special meritof special merit

The status is usually conferred upon The status is usually conferred upon about 45 barristers every year.about 45 barristers every year.

It is called “taking silk”.It is called “taking silk”.

Should have at least 10 years of practice Should have at least 10 years of practice experience.experience.

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Barristers TrainingBarristers TrainingUsual method :Usual method :1) Register with one of the Inns of Court1) Register with one of the Inns of Court2) Have a Law Degree2) Have a Law Degree3) Professional training 1 year leading to the 3) Professional training 1 year leading to the

Bar examinationBar examination4) pupillage with a senior barrister4) pupillage with a senior barrister

Non-Law graduate:Non-Law graduate:1) Study and sit for the Common professional 1) Study and sit for the Common professional

examexam2) Proceed to Bar exams2) Proceed to Bar exams3) register with Inns of court3) register with Inns of court4) pupillage4) pupillage

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Body governing barristersBody governing barristers

The General Council of the Bar (Bar Council)The General Council of the Bar (Bar Council)

1) Barristers’ code of conduct1) Barristers’ code of conduct

2) disciplinary matters2) disciplinary matters

3) interests and welfare of the barristers3) interests and welfare of the barristers

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Immunity from negligence Immunity from negligence claimsclaims

Until recently Barristers could not be sued Until recently Barristers could not be sued for negligent conduct in the course of their for negligent conduct in the course of their work.work.Rondel v Worsley (1969)Rondel v Worsley (1969)This immunity also extended to solicitors This immunity also extended to solicitors who act as advocateswho act as advocatesSaif Ali v Sidney Mitchell (1980)Saif Ali v Sidney Mitchell (1980)

Arthur JS Hall and co v Simons and other Arthur JS Hall and co v Simons and other appeals (2000)appeals (2000)HL Held : it was now clear that it was no HL Held : it was now clear that it was no longer in the public interest that advocates longer in the public interest that advocates should be immune to negligence claims by should be immune to negligence claims by their clients.their clients.

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Should lawyers be immuneShould lawyers be immuneYesYes : :1) Lawyers owe a duty to the court,..if they are 1) Lawyers owe a duty to the court,..if they are

not immune they would have to “watch their not immune they would have to “watch their back all the time”back all the time”

2) 2) Cab rank ruleCab rank rule meant that they cannot refuse meant that they cannot refuse to accept a case…if they they are not immune to accept a case…if they they are not immune they might want to refuse some difficult casesthey might want to refuse some difficult cases

3) Witnesses, judges, other officers of court are 3) Witnesses, judges, other officers of court are immune,..why not lawyersimmune,..why not lawyers

4) will result in case opening up again and 4) will result in case opening up again and result in a “retrial”result in a “retrial”

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Should lawyers be immuneShould lawyers be immuneNoNo : :

1) Doctors and other professionals are not 1) Doctors and other professionals are not immune,..why should lawyers.immune,..why should lawyers.

2) They owe a duty of care, as equally as 2) They owe a duty of care, as equally as other professionals, to not be negligent in other professionals, to not be negligent in their course of worktheir course of work

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Fusion of professionsFusion of professionsArguments against :Arguments against :

The law society and the Bar council of The law society and the Bar council of course are against fusion and they claim course are against fusion and they claim that :that :

1) it would lead to a fall in the quality of 1) it would lead to a fall in the quality of advocacyadvocacy

2) Leading barristers would be encouraged 2) Leading barristers would be encouraged to join larger firms instead of practicing to join larger firms instead of practicing alonealone

3) Chambers would cease to exist3) Chambers would cease to exist

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Fusion of professionsFusion of professionsArguments for :Arguments for :

Clients would of course prefer a fused Clients would of course prefer a fused professionprofession

1) It would be cost efficient for clients1) It would be cost efficient for clients

2) would reduce or eliminate 2) would reduce or eliminate miscommunication between solicitors and miscommunication between solicitors and counsel in the advice to counsel.counsel in the advice to counsel.

3) encourage closer contact between 3) encourage closer contact between clients and counselclients and counsel

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Solicitor’s nature of workSolicitor’s nature of work They advice and represent clients.They advice and represent clients.

They draw up wills, contracts and They draw up wills, contracts and partnershipspartnerships

Do conveyancing and matrimonial workDo conveyancing and matrimonial work

They handle simple accident claimsThey handle simple accident claims

Responsible for pre-court workResponsible for pre-court work

Entitled to audience in lower courts/High Entitled to audience in lower courts/High court court (with audience to all courts provided (with audience to all courts provided training training completed)completed)