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

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

Extracts from this document...


Essay 1.a) The English legal system comprises of two different branches, barristers and solicitors. In the UK at the moment there are around 9,000 barristers and they are known collectively as the 'Bar'. The governing body for barristers is the Bar Council, which acts as a kind of trade union, safe guarding the interests of barristers and regulating barristers training and activities. All barristers belong to one of the 4 Inns - Inner Temple, Middle Temple, Grays Inn or Lincolns Inn. There are no significant differences between any of the Inns. The majority of barristers work in private practices and they work as individuals. Barristers aren't allowed to form formal partnerships and they usually work from sets of 'chambers' in which a number of barristers are supported by a clerk or clerks. Although barristers are individuals, within their chambers they operate under the 'cab-rank rule'. This means that the barristers must accept any case within their area of competence, providing a proper fee is offered. This rule ensures proper representation for everyone. The work of a barrister in a private practice is generally divided between the preparation of opinions, the drafting of pleadings and the presentation of cases in court ...read more.


Solicitors can employ other professionals but cannot enter into partnerships with them or be employed by them if they wish to continue practising. It has been suggested by the office of fair-trading that this rule be abolished and the provision of legal services be open to free competition. Solicitors also have rights of audience in some courts and provided they have the right training required, they can become solicitor advocates, which would allow them to take the role of a barrister. Solicitor advocates used to only have limited rights of audience, limited to the magistrates court and the county court. Solicitor advocates now have higher rights of audience, made possible under the Courts and Legal Services Act 1990 Solicitors are paid by their clients and this is normally worked out by the time taken. The current rate is around �100 per hour. Under Law Society rules a solicitor should always specify his rate in advance. A client who is no satisfied with their solicitor's bill can refer it to the Law Society, which will reduce the bill if the charges are considered excessive. ...read more.


Barristers work almost as individuals were many solicitors work mainly in partnerships or as employees. The way they are paid is also different, barristers are paid a fee per case but solicitors are paid on an hourly rate and employed barristers and assistant solicitors are paid a salary. Barristers are still bound by the 'cab-rank' rule and must take any case within their professional ability, but solicitors can choose their clients. I think it is true to say that the lines between the professions are being blurred. Some of the differences between solicitors and barristers have been lessened. Solicitors still deal directly with the public and barristers under the Bar Council rules cannot, but they can now take instructions and offer advice from certain professionals such as accountants and further changes are likely. Solicitors are seen as general practitioners and barristers as solicitors but the difference is lessening as many solicitors choose to specialise in particular areas of law. The ability for solicitors to become solicitor advocates is also a big step in removing the differences between the two professions. If changes like these continue to be gradually made, the debate over fusing the two professions may well be solved with little effort, as the professions continue to grow similar. ...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

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

    4 star(s)

    Professional ethics would also be at risk- The relationship between barristers and judges (whom barristers often wish to become) is of the highest integrity. There is also close supervision by colleagues and judges. Another point is that the best lawyers would gravitate towards the larger firms, and would not be available to all clients.

  2. Marked by a teacher

    European law

    4 star(s)

    This decision was based on the principle of the supremacy of EC law, again a principle which the ECJ managed to derive from the EC Treaty. The doctrine of supremacy means that Community law takes precedence over confliction rules of national law.

  1. Marked by a teacher

    LAW REPORT on Macgregor(TM)s case

    4 star(s)

    They give charge of different responsibilities to their managers. It's manager's duty to check the stock every day. Obviously the manager did not check the right stock at this particular day and that is the reason this incident happened. The torn carpet on which Beatrice tripped is also likely to

  2. Legal professions merger essay

    court, you will not be able to tell who the solicitors and who the barristers are. The defining characteristic is in the crown court, where barristers are recognized by their wigs. I'm sure the logistics of a merge would not be so complex; alterations to the training process of the two professions would be the main adjustment.

  1. Family Law

    under s.1(2)(b). The first of the five facts involves a two-part test. It is not enough to show that the respondent has committed adultery; the petitioner must also show that she finds in intolerable to live with the respondent. The petitioner's own adultery is not a ground for divorce, and

  2. (1) Describe the stages in qualifying as a solicitor (10 marks) (2) Describe ...

    This route will only be eligible to candidates who are mature enough, and this route will take longer than what the graduate route would. There are a lot of expenses to pay when becoming a solicitor, especially in the training process.

  1. Literal rule

    Mischief rule: the mischief rule requires the court to take into account the gap in the law that states that the statute was intended to fill, and interprets it to "suppress the mischief" parliament intended to re. This rule was laid down in Heydons in the sixteenth century, and provides that judges should consider these factors.

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

    Then after completing the BVC, the students are called to the Bar where they graduate. The duration of this course is one year. Each student on the BVC course pays between �4000 and �7000.

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