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Training and work of solicitors and barristers and whether there should be a singal legal profession

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Introduction

Assignment 8.15 In this essay I will explain the training and work of solicitors and barristers and then I will discuss whether there should be a single legal profession For solicitors the majority of their time is taken up by paperwork, including coveyancing and drawing up wills and contracts. Nowadays all solicitors have full rights of audience when admitted to the role whereas before solicitors generally did advocacy work in the magistrates' court and the county court but rarely in the higher courts. Also solicitors are now being sent on courses making advocacy training compulsory, meaning more and ore solicitors are doing advocacy work themselves instead of sending it to a barrister. ...read more.

Middle

Advocacy is the main function of barristers; much of their time is spent in court preparing for it. They must be self employed and cannot form partnerships but they usually share offices with other barristers. Usually a client could not approach a barrister directly had had to see a solicitor first but in 2004 this was changed. Barristers work under a 'cab rank' rule which means that if they are not busy on a case at the time they must accept any case given to them. The starting point is at least an upper second class degree. If they don't have a degree in law they must do a one year course leading to the common professional exam. ...read more.

Conclusion

Differences are that barristers not allowed to form partnerships and also clients come directly to solicitors. Arguments for the fusion of the profession are that it is expensive when a client has to pay for both a solicitor and barrister, also it is inefficient with a two tier system and work may be duplicated and a solicitor prepares the case with little or no input from the barrister who will have to argue the case in court .Arguments against them merging are that with them being separate each can specialize in different areas and better at their separate jobs rather than one profession doing both. Also importance of good advocacy may lead to leading barristers joining large firms of commercial solicitors making their specialist sills less accessible to the average person. ...read more.

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