Describe the main differences between solicitors and barristers with regard to training and work and discuss the advantages and disadvantages of having a single legal profession

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Rebecca Gayle 10B

Describe the main differences between solicitors and barristers with regard to training and work and discuss the advantages and disadvantages of having a single legal profession

8(a) Describe the main differences between solicitors and barristers with regard to training and work  

        There are about 90,000 lawyers in England and Wales, a high number of 80,000 which are solicitors and a considerably lower number of 10,000 which are barristers. Even though over the past few years the work of the two professions has intertwined, there are still key differences between barristers and solicitors.  

    There are many differences between the training of a barrister                                           and a solicitor. One of these is that solicitors have to take a legal practice exam, but barristers have to take a common professional exam. The legal practice exam is a one year course which consists of three compulsory subject areas (Business, property and litigation) and provides all the practical skills required to become a solicitor. But the common professional exam consists of the studying of seven topics (Contract, land, torts, public law, European union law, equity &

trusts and criminal law).         

    Another difference between the training is that the barristers have to dine at an Inn of Court. All student barristers have to join one of the four inns in London. They can choose to join either Gray’s Inn, Lincoln’s Inn, Inner temple or middle temple. The students must keep terms, which means they have to regularly attend the inn and dine the correct amount of times (8 or 9) an then they will be called to the bar by their inn of court. Solicitors do not have to go through this process.

    Solicitors also do not have to go through pupilage, but barristers do. Pupilage lasts for one year and can be done in 2 periods of six months with the same pupil master or after 6 months you can change your pupil master for the next set of six months. Pupilage focuses on the practical training to become a barrister, such as drafting documents, studying under your pupil master, reading their work, practicing writing advices and opinions on points of law and going to court with your pupil master to observe cases.

    But solicitors do have to take a professional skills course, whereas barristers do not. This consists of studying three compulsory subject areas, Financial and Business Skills, Client Care and Professional Standards and Advocacy and Communication Skills. Solicitors also have to take a two year training contract called articles, which is different from barristers training as it doesn’t include this.

    There are also many differences between the work of a solicitor and a barrister. The key difference between the two professions is that a solicitor is an attorney, who stands in the place of their client, whereas a barrister is an advocate who just speaks on behalf of their client. Most barristers are advocates, although there are some who are not. When the Courts of Legal Services Act 1990 and the Access to Justice Act hadn’t been changed, only barristers had rights of audience in higher courts. Barristers can no longer enjoy this, as solicitors now have the ability to advocate in higher courts. Even though this is in place, barristers still carry out most of the advocacy in courts.

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    Solicitors on the other hand are usually the ones who meet face to face with the client and prepare the case for trial before passing it on to a barrister. I use the term usually because although most cases do go through a solicitor and a barrister, there are ways for the public to go straight to the barrister without the need of a solicitor.

    Another difference between the work of solicitors and barristers is how they work. Barristers are usually self-employed, so what they earn is what they get. Barristers usually work in chambers ...

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