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Coursework sample - English Legal System
Pages 3 (753 words)
The profession of Solicitors is regulated by the Law Society whilst the profession of Barristers is regulated by the Bar Council.
Since the fourteenth…
Typically, a solicitor advices clients on legal, business and personal matters.
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 ...
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