Legal Profession

Topics: Lawyer, Law, Barrister Pages: 8 (1993 words) Published: April 10, 2011

The purpose of the essay

I. Legal Profession
a) Branches
b) The United Kingdom of Great Britain and Northern Ireland c) UK Legal System

II. Solicitors
a) General Practitioner Lawyers
b) Traditions
c) Origins

III. Barristers
a) Architects and Executives
b) Legal Advisers and Advocates
c) Lawyer-Client Relationship

IV. Difference between Solicitors and Barristers and different Governing Bodies.

a) Bar council or the Law Society
b) Barristers
c) Solicitors

V. Beginning Act for Fusion of Legal Profession

a) Courts and Legal Services Act 1990
b) House of Lords, Court of Appeal and High Court
c) Section 61 of the Act
d) Access to Justice Act 1999

VI. Arguments for Fusion of the Profession

a) Costs
b) Inefficiency
c) Waste of Talent
d) Barristers overview
e) Returned briefs

VII. Arguments against Fusion of the Profession

a) Specialisation
b) Importance of good Advocacy
c) Use of court time
d) Access to the Bar
e) Interdependence
f) Reluctance to use Specialists
g) Loss of Expertise
h) Second opinion

VIII. Conclusion



This essay will try to investigate into the topic of the Legal Profession in the UK, furthermore elaborate whether the present system should be fused into one or remain distinct in order to achieve better results in the future. Arguments for and against will be provided and the definition of barristers and solicitors will be proposed through research on this topic outlining their similarities and distinctions. In addition the main Acts for the fusion would be revised. To conclude a conclusion will be generated according to the acquired information through research on the topic of Legal Profession and whether it should be fused into one or remain distinct in the future.

I. Legal Profession

The legal profession in England and Wales has two branches, solicitors and barristers, they are lawyers and the work done by lawyers is sensitive to constitutional and administrative structure of each country and there is no universal definition of legal services as they vary between different countries. The United Kingdom of Great Britain and Northern Ireland consists of four countries, England and Wales, Scotland and Northern Ireland forming three distinct jurisdictions and each has its own court system and legal profession. The UK was established in 1801 with the union of Britain and Ireland, but only achieved the present form in 1922 with part ion of Ireland (Carter, 2005). The English Legal System is one of only three in the world that have a divided legal profession into solicitors and barristers. The provision of Legal services is a big business, but in the UK there is a monopoly-control approach towards the legal profession. (Slapper, 2004)

II. Solicitors

Solicitors are characterized as the general practitioners, they are lawyers who deal with clients directly, considered experts in particular areas of law and may restrict their work to litigation, commercial conveyance or revenue work (Slapper, 2004). Traditionally solicitors have advised parties in lawsuits and dealt with landed estates, gradually the roles combined and the name ‘solicitor was adopted. (TheLawSociety, 2009). The origins go back to the ‘attornatus’ or later called the ‘attorney’, who assists clients in the initial stages of the cases in law practicing in Court of Chorsery. (Slapper, 2004). They provide all round legal service, gathering evidence and interviewing witnesses and are entitled to appear in court on behalf of the client. (Keenan, 2007)

III. Barristers.

Barristers in the UK are depicted as the architects and executives of the legal system, they are, their presence is required if the case necessitate the appearance in the higher court. (Slapper,...
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