The Fused and Spilled Legal Profession - Essay Example

?A. By reference to the Court Structure in England and Wales, outline the rights of appeal that apply to each Court. Supreme Court (formerly the House of Lords) (HMCS, 2007) In England, Northern Ireland and Wales, the House of Lords is replaced by the Supreme Court as the highest court in 2009. Now, the Supreme Court is authorised to hear appeals from the Court of Appeal and the High Court. Normally, 5 judges are required to hear appeals, but there can be as many as 9. Court of Appeal The Court of Appeal is made of 2 Divisions: the Civil Division and the Criminal Division. The Supreme Court exists over the Court of Appeal; the decisions of the Court of Appeal can be challenged and appealed in the Supreme Court. Criminal Division The decisions of the Crown Court can be challenged in the Criminal Division of the Court of Appeal. Civil Division The cases relating to the family justice and the civil law from the High Court, the County Courts in certain cases and the Tribunals; all can be appealed in the Civil Division of the Court of Appeal. High Court They, the Queen’s Bench Division, the Chancery Division, and the Family Division, are included in the legal structure of the High Court. Verdicts of the High Court may be appealed to the Civil Division of the Court of Appeal. Queen’s Bench Division: Technology and Construction Court (TCC) This Division hears the cases of disputes in the technology and construction involving questions and issues which are technically complex. In such cases, a specialist TCC judge is desirable to hear the proceedings of the cases. Queen’s Bench Division: Mercantile Court The national and international business disputes involving complexity and claims of lesser value are heard in the Division; the cases must be other than those heard by the Commercial Court. Queen’s Bench Division: Commercial Court The Commercial Court of the Queen’s Bench Division hears the cases of disputes of the national and international business level relating to the commodities, banking, arbitration dispute and international trade. Queen’s Bench Division: Admiralty Court The shipping and maritime disputes are heard in the Admiralty Court of the Queen’s Bench Division. Disputes concerning collisions, carriage of cargo, salvage, limitation, and mortgage are heard in the Division. The Admiralty Court by exercising its legal power can issue an order arresting cargoes and vessels. Queen’s Bench Division: Administrative Court Administrative Court is entrusted with a considerable jurisdiction. It hears statutory appeals and application, applications under the Drug Trafficking Act 1984 and the Criminal justice Act 1988, and judicial reviews as well. In addition, the Division is entrusted to observe the legality factor of decisions and actions of the tribunals and inferior courts, Ministers of the Crown, local authorities and other public bodies. The Chancery Division: Companies Court Companies related disputed are heard by the Companies Court of the Chancery Division. The cases of commercial fraud, management of company, director’s disqualification, business disputes and insolvency, are brought into the Companies Court. The Chancery Division: Divisional Court Cases concerning bankruptcy, tax partnership, trusts, equity, contentious probate and land, are heard by the Divisional Court of the Chancery Division. The Chancery Division: Patents Court The Patents Court of the Chancery Division hears the cases of copyright, trademark and patent, intellectual property and passing off. Family Division: Divisional Court Family disputes are mostly brought into the Divisional Court of the Family Division. The disputes concerning parentage, domestic violence, family homes, children custody, adoption, annulment, separation, medical treatment and divorce declarations, are heard by the Division. County Courts The County Courts hear cases concerning claims for debts repayment, contract breach involving goods or property, family issues, housing issues and enforcement of the previous decisions of the County Court. Cases under the value of 5000 pounds; are heard by a judge, without a jury. The appropriate Division of the High Court may hear the appeals against the verdicts of the County Courts. Tribunals The Tribunals issue decisions on disputes such as criminal injuries compensation, immigration, asylum, education, employment, social security, pensions, tax and land, and child support. The appropriate Division of the high Court may be reached for appealing against decisions of the Tribunals. Crown Court The Indictable criminal cases are heard by the Crown Court. Most of the time, these cases are transferred from the Magistrate’s Courts. The serious criminal cases such as rape, murder and robbery are brought in front of a judge and a jury. The Criminal Division of the Court of Appeal hears the appeals against the decisions of the Crown Court. Magistrates’ Courts The summary criminal cases and committals sent to the Crown Court; are heard by the Magistrate Court. In addition, some civil cases such as youth courts and family proceedings courts, and cases of liquor, licensing of betting and gaming, are heard by the Magistrate Court. A District Judge or a panel of 3 magistrates is formed to hear the cases. The appeals against the decisions of the Magistrates’ Courts may be registered to the Crown Court, besides; the appeals against the decisions of the civil cases may be heard by the County Courts. B. Compare and contrast the advantages and disadvantages of a “fused” legal profession as in Cyprus with a split system as in England and Wales. Spilt system Solicitors and Barristers define the spilt system in England and Wales. Each branch has different training and law degree. Barristers are self-employed individuals who are specialist legal advisers and courtroom advocates besides working in groups of offices, which are commonly known as chambers. In these chambers, Barristers are known as a ‘tenant’ of the chambers. They are independent and have to make their own client base. On the other hand, solicitors provide legal advice on all matters of the law to their clients, who may be members of the businesses, the public or voluntary bodies. A Solicitor may be required to represent a client in court, but if the case is of a complex nature, a Barrister can be assigned to represent the client and the Solicitor will perform the work of research and advice to the client on the case. Solicitors work within a firm, which is a firm of solicitors, who become partners of the firm and mange the affairs of the work. The size and nature of the firm vary from an international firm to a small practice with one or two partners. Almost all matters requiring an aid of legality are performed by the Solicitors; the matters include personal injury claims, conveyancing ( the buying and selling of land and house), divorce cases, wills and issues relating to the business advices on partnerships and contracts. Additionally, the firms can be specialised in the various others fields such as aviation and shipping. Bar Vocational Course (BVC) is required for a would-be Barrister. Normally, it takes one year to complete when applied as a full-time course; the part-time course for two years. However, before going to be admitted to an Inn of Court, the registration on the Bar Vocational Course cannot be avoided. On the other hand, Solicitors are required to complete the law degree or CPE or Diploma in Law or the Legal Practice Course (LPC), to become a Solicitor. After completing this LPC course, a would-be solicitor has to apply for a two year training contract with a firm of solicitors or other recognised organisations such as the Crown Prosecution Service or a local authority as a trainee solicitor. Split system: Advantages and disadvantages Specialisation in law ensures quick verdicts and time saving. Currently, more than 60,000 Solicitors are serving in the various firms (Your legal path). These solicitors are professionally trained and experienced in various fields and disciplines. Any new case is heard, and understood quickly. Their vast experience guides them on any new case and on its different current and potential aspects. However, Solicitors are required an in-depth and fuller information about the client. This fuller information helps them to assess the case and form their opinion. After forming their opinion with the aid of law and precedents, the solicitors provide their advice to the client in a minimum amount of time. By doing so, the client, the solicitors and courts consume minimum amount of time on reaching to a decision over dispute. Rift and unusual competition is growing between these branches of English legal profession. Solicitors are rapidly growing and the Barristers are considerably less in number. Barristers enjoy political support at the cost of the Solicitors. Fused legal profession The absence of distinction between a Solicitor and a Barrister is defined as a fused legal profession. There is no particular demarcation dividing and defining the difference between them. In Cyprus, the fused profession is practised; the Cypriot lawyer plays both roles (gzg, web). In Cyprus, titles such as Barristers and Solicitors, do not exist in the Cypriot fused profession. To become a lawyer or an advocate, a law university degree is important and sufficient .Also, it is necessary to pass the Cyprus Bar Exams, taken and supervised by the Legal Council, which are conducted during the period of training. In addition, one year training must be completed under the supervision of a lawyer having at least five years experience. These three steps enable a would-be lawyer to become a full lawyer and he will start practising. However, even after the completion of the above steps, according to the Cypriot legal system, the lawyer cannot appear before the Supreme Court or the Assize Court until he completes two years experience after starting his practice. The Code of Professional Conduct is regulatory body in Cyprus. It is authorised to govern the Cypriot Bar Association, which is a body representing the lawyers in Cyprus. Without having membership with this Body, a lawyer in Cyprus cannot be allowed to practise in any area of aw. Fused legal profession: Advantages and disadvantages Fused legal profession looks comparatively easy than the split system. There are no strict requirements necessary to become a lawyer. In England and Wales, one has either to become a Solicitor or a Barrister, and making this decision would not be easy. First, one is required to fully understand the entire structure and practical knowledge and application in the legal structure, after that, one can take a decision. This activity is time consuming and complex as well for anyone wishing to join the field of law in England and Wales. On the other hand, in Cyprus, no such complexities exist; only basic law degree is required to embark upon a legal career. Besides, in the split system, a tussle between Solicitors and Barristers has become a reality in England and Wales. Supporting the political system, Barristers have been more powerful than the Solicitors. The presence of two have created a market type of situation in England and Wales where clients are attracted at the cost of efficiency and professionalism as well. This market type situation does not serve aims and objectives of the legal system currently operational in England and Wales. On the other hand, in Cyprus, fused system has put one single body and legal structure guiding all Lawyers or Advocates towards properly serving legal advices and legal practices. There is no room to create a market type situation in Cyprus like the one being experienced in England and Wales. As a result, Lawyers or Advocates do not find themselves at odds with one another as much as the Solicitors consider the Barristers in England and Wales. However, the fused system lacks to serve expeditious legal proceedings. In England and Wales, Solicitors are taught and trained in a way to serve a particular type of clients in a professional manner. By the start of day one, they are groomed with a particular type of cases. As a result, this makes Solicitors an example of perfect specialist who is more equipped to properly and quickly serve the clients than the Lawyers, who are under-groomed and less trained. As a result, Lawyers take more time to bring an end to a case due to their improper professional grooming. Comparison between fused and spilt legal profession Training and law knowledge are fundamental to fused and split legal profession. In both Cyprus and England and Wales, almost the same type of training is provided to a would-be Advocates and Solicitors and Barristers respectively. The common reason for this is that legal theories, practices, and case laws to some extent, are similar in both. This is further authenticated as Cyprus was historically administered by United Kingdom. In fact, it would not incorrect to say that only different titles or names are given to this legal profession in both countries. In England and Wales, Solicitors and Barristers provide legal advice and legal services; and in Cyprus, this legal profession is entrusted with the names of Advocates or Lawyers to serve clients. Contrast between fused and split legal profession Contrast considerably exists in fused and split legal profession. In England and Wales, a sufficient distinction has been made between a Solicitor and a Barrister. A Solicitor is a member of a firm of Solicitors and on the other hand, a Barrister is a member of the Bar Council. Solicitors can work on all matters while Barristers may not be working like the Solicitors do: They are required to be specialist in advocacy. On the other hand, in Cyprus, no distinction is made between a Solicitor and a Barrister; rather they are called with the names such as Advocates or Lawyers. And Lawyers or Advocates are required to be the members of the Cypriot Bar Association. Without an affiliation with the Bar, a Lawyer cannot start practising its chosen field in law. Also, in England and Wales, Solicitors and Barristers have different ways to reach the required level of their career. For instance, a would-be Solicitor is required to pass CPE or Legal Practice Course (LPC) to become a Solicitor and a would-be Barrister is required to qualify Bar Vocational Course (BVC). However, in Cyprus, only a law degree from any university is sufficient enough, and there is no special legal course requirement necessary to become a Lawyer. Furthermore, in England and Wales, a would-be Barrister is required to possess some essential qualities such as academic ability (good A Level results), numeracy skills (working out own tax returns), good written and oral communication skills, IT skills, interpersonal skills, personal effectiveness, a strong commitment to continuing professional development. Besides, in addition to that, a would-be Barrister is needed to learn business and professional ethics, reading and writing skills as well. On the other hand, in Cyprus, there are no such essential requirements necessary to become a Lawyer. References 1. The Court Structure of Her Majesty’s Courts Service (HMCS), 2007 [Available at http://www.hmcourts-service.gov.uk/aboutus/structure/index.htm ] [ Accessed 11 April, 2011] 2. The Cypriot Legal System, 2008, [Available at http://www.gzg.com.cy/index.php?id=142] [] [ Accessed 11 April, 2011] 3. Your legal path,[available at http://www.caymanjudicial-legalinfo.ky/Law-school/careers/careers-booklet.pdf ][ Accessed 11 April, 2011] Read More