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Legal professions merger essay

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Introduction

Should the two-tier system of barristers and solicitors be merged into one? In this essay, I am going to attempt to conclude whether or not barristers and solicitors should become one profession in the UK... For the sake of argument, I will refer to the merged profession of barristers and solicitors as 'lawyer' and state the individual professions where necessary. I would start by analyzing the use of this idea in the US, where they have lawyers (or attorneys-at-law) instead of the separate professions. But after research, I understand the premise of how a court case is executed in the US is unlike how it's done in the UK. For that reason I conclude that the US system is not a good basis for comparison on this issue. Oral argument, to them, is a small addition to very extensively written "briefs." ...read more.

Middle

Perhaps a merge would aid in eradicating this partiality. I consider it is essential to look at self-regulation. The Bar Council has criticized the Law Society in the past for its lack of capability to deal with complaints. In 1999, a spokesman for the Bar Council said "The Law Society's track record on self-regulation is at best mediocre and at worst alarming." [1] This was in reaction to former Law Society president Robert Sayer's suggestion of a merge. Also, in July 2001, the Law Society was found guilty of race and sex discrimination against Kamlesh Bahl CBE. [2] Given these circumstances, would we not be undermining the competence of the Bar Council by forcing them to merge with a governing body of less proficiency? In a way, barristers and solicitors are already very alike; both are prosecutors, with the fundamental difference being the training they receive. ...read more.

Conclusion

Also, the barrister's lack of interaction with the client means that he cannot become attached to them in any way. Thus meaning he can concentrate fully on the task he's been set, whilst the solicitor acts as the middle-man between client and barrister. Having one profession would mean clients having to look around for a specialized 'lawyer' to advise you and argue your case. In conclusion, I've decided that it may be a bad decision to amalgamate the two bodies. The Law Society seems to have its problems, and I feel uniting it with the Bar Council would mean the Bar Council being forced to absorb the problems, and alleged deficiencies of the Law Society. I believe a fusion of the two professions would not benefit the country or the legal system, we've had the existing structure in place for so long that a change would in all probability, not be welcomed by the public. After review, I am against the idea of merging barristers and solicitors into one profession. ...read more.

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