17: Legal Professions

• Lawyer = someone who has studied/practices law
• Barristers:


  = specialists in advocacy (arguing/presenting cases in court) on behalf of another. They:

  • Engage in legal research
  • Draft opinions for solicitors
  • Prepare pre-trial work

  They are self-employed

  Chamber = group of 15-20 barristers, and they may specialise in a certain area of law(contribute towards overheads)
• Becoming a barrister: Stage 1 Academic

  • Academic: qualifying law degree of at least upper secomd class. If degree is non-law, student undertakes additional years of study to convert, which is either the Graduate Diploma in Law or the Common Professional Exam. In the last year of their degree, student must join 1 of the 4 Inns:
  • Grays Inn, Lincoln's Inn, Middle Temple, Inner Temple
• Becoming a Barrister: Stage 2 Vocational

  Bar Professional Training Course: 1 year full time, develops practical legal skills needed (advocacy, client conferences, drafting documents). One training complete, students are 'called to the bar' and receive qualifications at a ceremony at their Inn.
• Becoming a Barrister: Stage 3 Training

  Pupillage = find a 12-month chamber placement, that involves shadowing the pupil master (senior barrister)

  1st 6 = shadowing and undertaking legal research, draft exercises

  2nd 6 = pupil takes on cases, earns fees

  Final Stage: has to find a tenancy = set of chambers willing to offer a place

  Many barristers squat in chambers = and stay informally without being offered a tenancy
• Working as a Barrister

  • Barristers have right of audience after 3-year rule
  • Self-employed barristers get cases from their reputations and clerks
  • Since 2004, if a client sees a solicitor first, they will pass the case called 'brief' to a barrister
  • A solicitor will pass the case to chambers and the clerk will distribute the case based on 'cab rank rule'
• King's Counsel = Once barristers have been in practise for 10 years, they may apply to become a KC. Part of 5%
• Regulations of Bar:

  • The Bar council governs the bar
  • Bar Standards Board regulates the profession
  • Hall V Simmons 2000: Barristers are now liable for negligent advocacy and preparation
• Solicitor = general practitioners

  • Usually first part of call for most clients in need of legal advice
  • Deal with a wide range of problems brought to them by their clients, relying on the expertise of barristers in more complex matters
  • Usually works in firms, partnerships
  • Courts and Legal Services 1990 allows solicitors in practise to apply for a certificate of advocacy for rights of audience in higher courts (short exam plus fee)
• Becoming a solicitor:

  1. Academic: same as for barristers (no requirement for Inn)
  2. Vocational: Solicitor takes Legal Practice Course taken at law school
  3. Practical: involves a 2-year training contract, which is a period of apprenticeship with a practising solicitor. Students known as Trainee Solicitors, receive minimum pay. Trainee has to complete 20 day professional skills course
• Control over solicitors:

  • Solicitors are governed by 'Law Society' which governs education, training and professional development
  • Complaints: Solicitors can sue for non-payment of fees (because solicitor and client are in direct contract) and be sued for breach of contract or negligence
• Law Society

  • Previously criticised for dealing with complaints slowly and inefficiently as it wasn't an independent body
  • The Clementi Report 2004: Law Society set up a new independent complaints procedure called the Consumer Complaints Service (Legal Services Act = set up the office for legal complaints)