Discuss whether or not the current division of work between barristers and solicitors on a case gives the best service to the client

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Natasha Hussain                  

Discuss whether or not the current division of work between barristers and solicitors on a case gives the best service to the client (20 marks)

In the current division of work solicitors generally advise clients and carry out conduct of litigation, & barristers carry out advocacy, but by the courts & legal service Act 1990 a number of changes where introduced, for instance solicitors in private practice were now eligible for wider rights of audience by being able to apply for a certificate in advocacy.

Barristers usually represented litigants as their advocates before the courts of that jurisdiction, because barristers had higher rights to audience whereas solicitors had limited access, but by Act, s.36, all solicitors were now eligible for full rights of audience upon completion of the right type of training. Act, s.36 affected businesses and increased the number of interested customers, and this challenged the role of barristers.

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The current division of work between barristers and solicitors provides the best service because, in client’s cases solicitors have access to expert advice from barristers and from this they can ask the barrister to represent them in court if necessary, but solicitors are also entitled to independent, impartial advice also.

The case consists of 2 legal professionals; this allows more knowledge and various points of views to be contributed to the case overall. Solicitors and barristers have different types of skills, which they are good at individually, and in cases they can concentrate on those skills.

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