The debate of whether there is the continued need for separation of the professions of a barrister and solicitor is one that is open to discussion.
The debate of whether there is the continued need for separation of the professions of a barrister and solicitor is one that is open to discussion. Reason being is that both the legal profession's have a similar output but it is not possible to belong to both the professions. However that doesn't put limitations on the solicitors or barristers to remain in one legal profession. It is possible for a solicitor to retrain for the profession of a barrister, vice versa Things that separate solicitors from barristers are the roles, traditions, training, professional body, qualifications, association with clients and legal responsibility. Barristers also wear wigs in court whilst solicitors don't. A difference which was altered by the Courts and Legal Service Act 19901 and Access to Justice Act 19992 is the profession of a private solicitor has now become more like a barristers. Meaning that they are able to advocate for their clients in higher courts; this doesn't change the fact that they are required to do most of the paper work whereas a barrister can do some of the paper work. Advocate means that they support, give advice and help their client's to be heard in court. Before the introduction of the CSLA '90 lawyers weren't allowed to form partnerships with associates of other professions but the CSLA '90 now allows them to do so. The role of the barrister is to advocate. Fully
"There is one right answer for every legal question". Discuss.
"There is one right answer for every legal question". Discuss. The thesis that there is only one right answer for every legal question has been put forward by R. Dworkin, a legal theorist follower of the interpretive theory of law1. Dworkin rejects some aspects of Natural Law Theory and at the same time attacks in a critical but sophisticated way the positivists' approach to law. In order to follow Dworkin's attack is best first to identify the key positions of positivism relevant to the matter under discussion. Positivists say that every society has its special rules which attempt to regulate the citizens' behaviour and provide how the appropriate authority will punish or coerce any unacceptable behaviour. The said rules, positivists continue, may be categorised depending on what their "pedigree" is. They are divided in primary and secondary rules. Primary rules were explained as the rules granting rights or imposing obligations upon the citizens. Secondary rules on the other hand are those rules that lay down the way that must be followed in order to create, amend or abolish primary rules i.e. rules that stipulate how the appropriate legislative body is composed and how it enacts legislation. Positivists add that the community in question follows moral rules as well but the latter are not enforced by the public authority. As long as the cases which need to be regulated