The Legal Profession in the United Kingdom - Essay Example

LEGAL PROFESSION IN THE UNITED KINGDOM LEGAL PROFESSION IN THE UNITED KINGDOM GRACE SARKAR Order No. 42503823 March 2010 Table of Contents Introduction 3 Solicitors 3 Barristers 5 Fusion 5 Conclusion 8 Sources 9 LEGAL PROFESSION IN THE UNITED KINGDOM Introduction The legal profession in the United Kingdom (U.K.) is flourishing except for one internal lacuna. The legal profession in the U.K. is divided into two branches of solicitors and barristers. The division happened sometime in the first half of the sixteenth century when the practice of "calling" a law student to the Bar of an Inn was established in 1547 (Cohen, Professor Harry; p5). Ever since, the separation has remained intact although the lines of separation are blurring with solicitors now capable of representing clients in the Magistrates courts and at times even in the higher Crown courts and High courts (Types of Legal Career, 2010). There has been no clear cut reason for the separation. The division appears to be more of prestige issue and professionally it is becoming an embarrassment to offer the excuse that the barrister performs a specialized or more professional role. Periodical studies highlight issues that throw the explanation of specialized roles of barristers in poor light (Cohen, Professor Harry; p11). Nonetheless, it is essential to go into the roles of solicitors and barristers in some detail so that areas of commonality could be found, if any, and the reasons for fusion can be established. Solicitors Simply put, solicitors form the backbone of U.K.'s legal system. They come in direct contact with the public who come to them for all legal advises from litigation to commercial work. Litigation forms just a small part of the solicitor's work that involves "commercial transactions, corporate matters, land, share and other property dealings" (Legal professionals: barristers, solicitors, executives; 1998). In order to become a solicitor, it is necessary to take a one-year Legal Practice Course (LPC). There are over 30 institutions throughout England who offer the LPC. Thereafter, the law student has to obtain a two-years training contract with a solicitors' firm (The Legal Professions). Professionally, a solicitor must be a member of the Law Society which oversees his training, practice and the Society also takes up complaints made against the solicitor (Legal professionals: barristers, solicitors, executives; 1998). The role of the solicitor came into existence in 1823 when 'The London Law Institution' was formed by several prominent barristers. The name of this institution changed to 'The Law Society' in 1903. Women and ethnic minorities were not allowed to be members of the Law Society in those days. Now, half of the legal force in the U.K. comprises women (The Law Society, 2010). The closeness of the solicitors to people and corporations and their distinct efficiencies has enabled them to grow and flourish as individuals or firms. Solicitors have the potential to grow vertically and horizontally. Solicitors have their own firms, offices and clientele. They are the first point of contact in legal matters for the people at large in the U.K. They advise clients on how to file suits in litigations. They can negotiate out of court settlements on behalf of their clients. They have all the tools to carry out all aspects of legal work for their clients. Their powers have increased even more with their ability to represent their clients in the various courts (Types of Legal Career, 2010). Barristers A law graduate has to undergo "professional training through a Bar Vocational Course (BVC) and through pupilage with a qualified barrister" (Legal professionals: barristers, solicitors, executives; 1998).The barrister argues a case on behalf of the client in the courts. Mostly he takes cases in the higher courts, viz. Crown court and high courts. The solicitor is the link between the client and the barrister. The barrister is specialized in arguing cases in the courts. The solicitor advises his client on the barrister to approach who can serve the client's purpose in the court (Legal professionals: barristers, solicitors, executives; 1998). The role of the barrister is limited to the court if the case reaches the court. The solicitor is capable of handling the case up to the point when it has to be argued in the court. Since the 1990s the solicitors can also argue cases in certain courts. But there are some limitations. The solicitor cannot argue in any court like the barrister. The solicitor has "right of audience only in certain courts, but a barrister may appear in any court" (Solicitors and barristers roles explained, 2006). Barristers are specialists in various fields of law. Hence, the solicitor hands over such cases to the barrister in which the barrister specializes. The barristers are "unified" in the Inns of Court. They are politically powerful and senior barristers have the capability to take "the silk", a term denoting the Queen's Counsel (Cohen, Professor Harry; p5). The Fusion The divided roles played by solicitors and barristers in U.K. have put in question the need at all for the division. Until recently, there were 4,800 barristers and 44,000 solicitors in the U.K. There does not appear to be more room for barristers and fresh barristers are finding it difficult getting cases (Cohen, Professor Harry; p10). Solicitors, on the other hand, engage fresh talents and are on the lookout for skills to enhance their marketability. It is possible for solicitors to become barristers and vice versa after going through a short course. However, the flow is greater in the barrister to solicitor transition. "The differences are in the solicitor's ability to make contracts with his client for a fee which a barrister cannot do. The solicitor also deals directly with the client which again a barrister cannot do as he has to get the client routed through the solicitor. A solicitor is an officer of the court whereas a barrister is not subject to the control of the court although the barrister could be disbarred for any professional misconduct. "The similarities are both enjoy legal immunity in respect of actions and statements made during the lawful conduct of their clients' lawsuit. Both are bound not to disclose facts affecting their clients. However, both can be censured and penalized for professional misconduct" (Solicitors and barristers roles explained, 2006). On broadly looking at the differences, it is easy to note that these differences are not major enough to warrant two different branches. In fact, these differences are traditional and cosmetic which have been allowed to continue down the centuries but which are now raising questions. There is powerful plea for fusion by the Law Society because solicitors rightly feel that they are capable of doing what the barristers are doing more efficiently. The Law Society's pleas are not falling on deaf ears because it is through their efforts that the lines of differences between solicitors and barristers are beginning to blur (Types of Legal Career, 2010). The branch of barrister must have long since disappeared. Its existence is largely owing to its proximity to the political scene in the U.K. The Lord Chancellor is a barrister. Judicial posts in the government are given only to senior barristers. It is the barristers who can be given the silk, meaning the position of a Queen's Counsel. The survival of barristers is largely owing to the patronage of the political and royal classes (Cohen, Professor Harry; p4). Market forces and competition are gradually bringing closer the two branches. The efficacy of barristers cannot be assured cent percent. Barristers are capable of dropping a case at the last minute if they have another case on hand. Barristers are also known to have forgotten their clients' names. Sometimes, they even forget the substance of the case they are supposed to be fighting for. These mishaps cannot be wished away as professional hazards (Cohen, Professor Harry; p15). Nonetheless, it is not possible to foresee complete dismantling of barristers in the near future. The fact remains that by and large barristers are specialists in their chosen fields of law. They have enough clout in political, royal and judicial circles to ensure their survival. However, their roles will continue to get more and more limited due to market pressure and competition hazards (Cohen, Professor Harry; p16). There is also the question of higher fees clients have to pay in involving barristers. It will be easier on the clients financially as well as functionally if fusion does take place or if barristers are allowed to work in solicitors' firms. Conclusion The British obstinacy and persistence with their system of operation is well known. They are not likely to fuse the two entities of solicitors and barristers anytime soon. However, they will continue to make gradual progress to plug existing loopholes so that the legal system gets easier for the common man. On the other hand, there is the need for independent specialists even if they happen to be so-called "independent" specialists because law covers each and every subject under the sun. It appears that the British are cleverly using the need for specialists to continue with the use of barristers in their legal system. The debate for fusion might even reach saturation point, but trust the British to find a way to continue with the two branches in their legal system. Sources: Barristers and solicitors - the Fusion debate, 2008, http://sixthformlaw.info/01_modules/mod1/1_4_legal_personnel/1_4_2_barristers_solicitors/15_solicitors_barristers_fusion.htm Cohen, Professor Harry; The Divided Legal Profession in England and Wales - Can Barristers and Solicitors ever be fused, http://law.ua.edu/pubs/jlp/files/issues_files/vol12/vol12art01.pdf Legal professionals: barristers, solicitors, executives; October 1998, http://www.leeds.ac.uk/law/hamlyn/legalpro.htm Solicitors and barristers roles explained, 2006, http://legal-directory.net/english-law/comparison-of-solicitors-and-barristers.htm The Law Society, 2010, http://www.lawsociety.org.uk/aboutlawsociety/whoweare/abouthistory.law The Legal Professions, Birmingham Law School, http://www.law.bham.ac.uk/prospectus/graduates/gdls/profession.shtml Types of Legal Career, 2010, The College of Law, http://www.college-of-law.co.uk/a-career-in-law/legal-career-types.html Read More