The role and practice of solicitors

• solicitors are regulated by the law society
• Approx 75 % of solicitors work in private practice, 25 % work in the public sector, which would include working for local government, the civil service, the crown prosecution service or private businesses.
• A solicitor in private practice will generally work in a partnership, this can range from high street practice to a big city firm. The number of partners isn't limited, some of the biggest firms have over a hundred partners in addition to employing assistant solicitors.
• The work of a solicitor will depend on the firm they work for. However, the work they will do is likely to involve interviewing the client, negotiating on their behalf, writing letters and emails, drafting contracts, leases or other formal documents. Some solicitors act for clients in a civil or criminal case, this is called litigation.
• A highstreet firm's work will probably be a general practice that advises individuals on a range of topics such as:

  1. Conveyancing- this is the legal side of buying and selling land and property.
  2. The making of wills and probate, this means the affairs of deceased people
  3. consumer problems
  4. business matters
  5. personal injury claims
  6. family matters
• In civil cases, the solicitor will be the first source of legal advice- their role is to:

  • collect evidence, both documentary and oral.
  • prepare and issue court papers if the case is straight forwards
  • carry out advocacy which would normally be in the county court
  • instruct a barrister to advise on the case if it is more complex, and to draft the court papers and carry out advocacy
  • support the barrister throughout the case, including obtaining nay fduirther evidence
• In criminal cases, a solicitor might initially meet a client who has been arrested in the police station. in more serious cases, they may sit in on police interviews.
• In criminal cases that are less severe where a client may have been issued with a summons by post and the initial meeting will take place in the solicitor's office or the first court appearance.

  • if the police press charges, the solicitor will obtain details of the prosecution case, and advise the client on the strength of the evidence
  • if the case is a summary or triable either way case heard in the magistrates court, the solicitor can carry out the advocacy
  • if the case is a more serious triable either way or indictable offence, the solicitor is likely to brief a barrister or solicitor-advocate and carry out the advocacy. Again, the solicitor will support the barrister throughout the hearings
• Although some solicitors may handle a variety of work, it is more usual for a solicitor to specialize in one particular field. The firm itself may handle only certain types of cases. In a large city firm, there will be an even greater degree of specialization with departments dealing with just one area of law or a limited number of clients
• All solicitors have rights of audience in the lower courts, the magistrates and county courts.
• Solicitors who wish to exercise rights of audience in the higher courts must satisfactorily complete the appropriate higher courts' advocacy qualification. solicitors with an advocacy qualification are eligible to be appointed as King's Counsel and also to be appointed as judges.