The vocational part of a barristers training is the Bar vocational course. The course emphasises the development of legal skills, such as legal research, advocacy, criminal litigation, evidence and sentencing. Once this training has been completed applicants are “called to the bar”, they receive their vocational qualification at an Inns of Court ceremony. Those who intend to further as a barrister must then spend 12 months doing a “pupillage” shadowing a senior barrister.
Once qualified barristers are self-employed, although, they join a set of chambers where they share the services of a clerk and working expenses. The primary role of the barrister is to argue cases before the District, Circuit, High and Supreme Courts. Barristers also represent individuals and organizations before public enquiries and tribunals, and they draft legal documents and give expert legal opinions. Some barristers specialize in specific areas of law, criminal, commercial, labour or family law, for example. Others attach themselves to particular "Circuits".
Unlike solicitors, barristers cannot take work directly from the public although members of certain professional bodies can approach barristers directly for advice on non-contentious matters. They are independent sole practitioners who are asked by solicitors to represent the solicitors’ clients in court or to give advice on matters that require further opinion.
Barristers are subject to control by the bar council. As quoted by the Bar the role is-
“To be the governing body of the Bar; to promote and improve the services and functions of the Bar; and to represent the interests of the Bar on all matters relating to the profession, whether trade union, disciplinary, public interest or in any way affecting the administration of justice”.
The Bar Council is made up of senior members of the profession, known as “benchers”. Their role is to set provisions for training and education for their members, and investigate complaints made against their members. The Legal Services Ombudsman has the right to investigate complaints about the way in which the Bar Council handled a specific complaint. The bar council has a set of principle objectives which they aim to fulfil they are as follows-
To represent the Bar as a modern and forward looking profession which seeks to maintain and improve the quality and standard of service to all clients, to maintain and enhance professional standards, to maintain effective complaints and disciplinary procedures, to develop an effective, fair and affordable system for recruiting, and of regulating entry to the profession, to regulate education and training for the profession, to combat discrimination and disadvantage at the Bar, to develop and promote the work of the Bar, to conduct research and promote the Bar’s views on matters affecting the administration of justice, including substantive law reform, to provide services for members of the Bar, e.g. Fees Collection, publications, conferences, guidance on practice management and development and to promote the Bar’s interests with Government, the EC, the Law Society, International Bars and other organisations with common interests.
Barristers are not allowed to sue for “fees”, and the client could not sue for negligent performance in court, whether by a barrister or solicitor. This is partly due to policy, in that every dissatisfied client would claim that their failure was due to the advocates’ performance rather than their own weak case.
In the case of Rondel v Worsley 1969, the precedent was set that bad advocacy could not give rise to negligence actions. This was made comprehensive to solicitors as well as barristers. However, in the case of Saif Ali v Sydney Mitchell and Co 1977, the court held that barristers could be held liable for negligent advice before court action had begun. This meant that both barristers and solicitors could not be sued for negligent advocacy but could be sued for negligent advice.
The other division of lawyers is solicitors; solicitors are often referred to as “general practitioners”, as they are the first port of call for most clients in need of legal advice. Solicitors may specialise in one or more areas of law, such as conveyancing, taxation, probate or commercial contracts.
Solicitors are required to have similar educational training as barristers; however their academic training is geared towards future practice. They then have to complete the Legal Practice Course, which maybe taken t a college of Law run by the Law society or at an authorised university. After successfully completing this stage of training, students are required to take part in an apprenticeship period which is undertaken with a practicing solicitor. During this period students are known as “trainee solicitors” and receive a minimum pay rate.
Having completed all parts of the training, solicitors have their name “put on the roll” of solicitors, which is kept by the Master of the Rolls.
Solicitors who transgress are subject to the rules of the law society, which is responsible for governing education, training and professional conduct. Solicitors tend to work in partnerships, although some maybe employed by a firm, while others may go into public service with local authorities.
Should a complaint be made against a solicitor, it will be investigated by the Office for the Supervision of Solicitors, which may require the defendant to appear before the Law Society’s disciplinary committee. As like for barristers the Legal Services Ombudsman has the right to investigate how the complaint has been handled but not the complaint itself.
As like barristers, solicitors may also be sued if a client is subjected to negligent advice or activity, and are required to carry substantial professional conduct insurance so that the client who has been unfavourably affected by the solicitors’ careless or wrongful activities can be sufficiently compensated. Up until recently solicitors were not liable for any loss resulting from negligent advocacy, but now are as like barristers be subjected to the judgement in Hall v Simons 2000.