• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

'Bill wants to become a Lawyer but is not sure whether to become a Barrister or a Solicitor'

Extracts from this document...

Introduction

'Bill wants to become a Lawyer but is not sure whether to become a Barrister or a Solicitor' A1) what is the difference in the Roles of barristers and solicitors? There is a great variation in the roles of barrister and solicitors traditionally and their stereotype roles are quite varied from one another. However, as I will explain, they are become increasingly similar. Traditionally, the barrister is a member of the senior branch of the legal profession; this was due to the fact that they were historically the only qualified lawyers. A barrister should be skilled in advocacy, which is the presentation and arguing of cases in the courts. As a barrister you are an independent practitioner, and belong to the professional body 'The General Council Of The Bar.' Barristers are supposedly the most 'elite' type of lawyer, as there are only 10,000 practising in the United Kingdom, considerably less than solicitors. As a barrister, you are self-employed and cannot form partnerships as solicitors do. It is common for a barrister to join chambers and share a clerk and administrative management. The vast majority of barristers concentrate simply on advocacy work and use their full rights of audience. This was traditionally a major difference in the roles of barristers and solicitors. ...read more.

Middle

These are Lincolns Inn, Middle Temple, Inner Temple and Gray's Inn and are all in close proximity of the Royal Courts of Justice in London. Trainees must then study the one year Bar Vocational Course where they will learn the essential skills of a barrister; Advocacy, drafting documents and negotiation. A negative point about this is the funding in discretional from the Local Authorities and only some scholarships are available from the Bar Council, this leads to a bias towards middle class candidates. After this vocational course there is 'on the job' training in the form of a pupilage. This is often awkward, as it demands the need to study under a qualified barrister. There are very few placements available for these pupilages and they are often horrifically paid. They also can demand moving to a far-flung location. It has been known for you not to be paid for your pupilage and after these struggling 6 months, you may conduct your own cases and appear in court. You may only practise though if you gain a seat in a chamber. This is very tough as the number of applicants vastly outstrips the number of vacancies. Training to be a solicitor is a very difficult task also. You must first graduate with a degree of 2:1 in any subject. ...read more.

Conclusion

The Bars final argument is that the idea of specialisation would be lost and retraining would have to be undertaken by both sects. Two professions can do two jobs better than one. Solicitors of course argue against this and claim that costs would be slashed due to extensive competition in the market. This idea particularly appeals to the government as the soliciting body, The Law Society, insist that fusion would cut legal aid fees by �1million a year. This would also appeal to less wealthy clients as the monopoly held by barristers at the moment would be broken. They also argue that the legal system would be more efficient as everybody would know their jobs better and function as a team. Also the relationship with the client would be better as they are taken with the same lawyer from the interview to the courts, thus getting a better relationship. It would also prevent the last minute barrister changes leading to the defendants not necessarily having good defence. Another argument is that the scope for judicial selection would be enhanced, leading to an attempt to break the stereotype judge - 60's upper middle class man. Also the choice to specialise would still be there as legal students would still have the choice to specialise in a certain area of the law and learn the trade from paperwork to advocacy still. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Legal personnel section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Legal personnel essays

  1. Marked by a teacher

    European law

    4 star(s)

    Therefore, the ECJ has created this doctrine in order to make the community system work. On one hand, the ECJ is giving individuals rights but it also restricts individual's rights to challenge any decision. The ECJ do not want individuals to challenge the law, as it does not want anyone to challenge its validity.

  2. Marked by a teacher

    Should Barristers and Solicitors Fusion or remain as two separate professions? The professions of ...

    4 star(s)

    Now, I will be looking into the disadvantages. It is argued, that if fusion does take place, there will be a decrease in the specialist skills and standards of advocacy. The standards of advocacy would be put at risk, because of the lack of experience in particular types of case.

  1. Marked by a teacher

    LAW REPORT on Macgregor(TM)s case

    4 star(s)

    It was the duty of the MacGregor to maintain the hotel premises in such a way that the visitors can use it safely. The unfixed torn stair carpet shows MacGregor's carelessness. Beatrice is suing MacGregor for failing to comply with the Occupiers' Liability Act 1957 section 2, subsection 2, which

  2. Law and Judicial creativity

    Perhaps most importantly, the Practice Statement of 1966 allows judges to 'depart from a previous decision when it appears right to do so'. The Practice Statement is particularly significant, as it allows the law to keep up with a changing society, and come to decisions which suits the society of the time.

  1. Explain the work & training of barristers & solicitors

    There are only around 300 tenancies available each year - one to every three pupils. To conclude this essay, I would just like to say that to become a lawyer is an incredibly long and strenuous process and this is part of the reason why, it is so highly paid and sop well regarded.

  2. The English legal system comprises of two different branches, barristers and solicitors.

    Under the Access to Justice Act 1999, full rights of audience have been extended to employed barristers and solicitors on the same terms as those in private practices. Before the CLSA 1990 appointments to the Queens Council and appointment as a High Court Judge was restricted to barristers only.

  1. Free essay

    Legal personnel

    This resulted in the criticism of the old system of appointment by Helena Kennedy a QC; she concluded that the system was infiltrated by gender and racial discrimination, which meant that there was little chance for people of ethnic minorities and female's becoming judges.

  2. 'The work of a solicitor is quite different from that of a barrister' Outline ...

    senior and experienced members of the professional as not everything is written in black and white. The Bar Vocational Course (BVC) is the practical part of a barristers training. The BVC helps to develop key skills such as legal research, fact management and advocacy as well as the core areas

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work