Barristers, solicitors and legal exec: roles and regulation

• What’s a solicitor?


  A qualified legal professional who provides specialist legal advice on different areas of law and is responsible for representing and defending a clients legal interest
• Role of a solicitor?


  They take instructions from clients, including individuals, groups, public sector organisations or private companies and advise them on necessary courses of legal action
• What do solicitors do?

  They work closely with clients and are likely to be their first point of contact. The issues that solicitors advise on range from personal issue (eg divorces) to commercial work (merger). Around 75% of solicitors work in private practice, while others work in-house for commercial or industrial organisations, in local or central government, or in the court service. Some areas they specialise in include criminal, family, and human rights.
• All solicitors have rights of audience- what is this?

  Advocacy in Mags and County court (representing a client in court). If a solicitor wishes to have advocacy in higher courts they must apply to do so and will receive an extra qualification. This then allows solicitors to be appointed as King's counsel (KC) and judges
• How is their role regulated?

  They all belong to the LAW SOCIETY but the SOLICITORS REGULATION AUTHORITY deals with complaints against solicitors. Clients have contracts with solicitors so they can sue them for breach of contract if the solicitor fails to carry out their duties effectively. They can be 'struck off' for serious misconduct or negligence. In White v Jones the solicitor failed to carry out his duty in a reasonable amount of time so Mr White died before his will could be changed
• What is the role of a barrister?

  Specialists in court advocacy and independent sources of legal advice to their clients. Most UK barristers are self employed and work in chambers however they can also work in gov departments or agencies such as CPS or the Gov Legal Profession. Employed barristers also work in private organisations such as in-house legal departments of charities and companies
• How are barristers hired?

  By solicitors to represent a case in court and only become involved when appearing before a court is needed. A barrister pleads the case on behalf of the client and the clients solicitor. Barristers have full rights of audience in all courts
• What is a barristers day to day responsibilities?

  They can be varied and changes case to case. Daily tasks include giving legal advice to solicitors and clients, translating clients issues into legal terminology and representing them, researching cases, writing legal documents, general preparing of cases, liaising with other legal professionals, reviewing evidence and negotiating settlements or sentences for the client
• What happens after a barrister has 10 or more years of experience?

  They can apply to 'take silk'- this means they can become King's counsel, the highest rank of barrister. They can take on the more complex and lucrative cases. All barristers not called KC's are called junior barristers
• What do all barristers have to be a member of?

  The 4 Inns of Court, all of which are located in London: Gray's Inn, Inner Temple, Lincoln's Inn and Middle Temple
• How is the work of barristers organised?

  Quite different from a solicitor- barristers work from chambers. These are organised groups of barristers, generally located in big cities, who will employ a clerk to distribute their work. Barristers working this way are self-employed and operate according to the 'cab rank rule', which means that they must take the next case if tehy are free and available to do so
• How are barristers regulated?

  The Bar Standards Board regulates the work of barristers, if a barrister is in breach of the conditions set by the board they can be called before a tribunal and, in serious cases, struck off. The client doesn't have a contract with the barrister (unless through direct access), so cannot sue for breach of contract. However a barrister can be sued for negligence in advocacy as held in Hall v Simons, but cannot be sued for simply losing a case
• Legal executives?


  All are members of the Chartered Institute of Legal Executives (CILEx). Compared to solicitors, a legal executives training and practice tend to be more specialised, often focusing on a single area of law. Legal executives work side by side with solicitors much of the time, and the working hours per week are comparable. Like a solicitor they can: provide legal advice, research cases and legislation, draft legal documents, interact with clients and other legal professionals such as barristers and represent clients in court on a limited basis
• What has changed since the Legal Services Act of 2007?

  There's only 3 major differences between solicitors and legal executives. The route to qualification as a legal executive is less competitive and expensive. The right of a legal executive to perform reserved legal activities is limited, they cannot perform: litigation, exercise of a right of audience, conveyancing, most probate activities and notarial activities- unless they are employed by a solicitors firm and act under the supervision of a qualified solicitor. Salaries are typically (but not always) lower for legal executives.
• What can a legal executive do under the LSA 2007 and other legislation?

  • Become a partner in a solicitors firm and share profits with solicitors
  • act as a commissioner of oaths
  • work as a sole practitioner
  • become a judge
  • qualify as a solicitor (after meeting additional requirements)
• What else can legal executives do?

  Like a solicitor they can work in a private law firm, in gov, or as a in-house adviser for a corporation whose primary business is unrelated to the provision of legal services. They are bound by the same codes as solicitors and can be investigated and sued if their work is deemed negligent. The LSA 2007 created The Office for Legal Complaints for both solicitors and legal executives. The Legal Ombudsman began to work in 2010 and is the final port of call for a complaint against a practicing lawyer.
• How have legal services available in the UK changed?

  Courts and Legal Services Act 1990 allowed solicitors to undertake further training to enable them to act as advocates in higher courts. In 2004 the Bar Council created 'Direct Access' which means the public can contact barristers directly. However this doesn't apply in criminal or family law. The system of appointing KCs was changed to create a less secretive system, aimed at creating more diversity in the profession
• Is there diversity in the legal profession?

  There's a slow but steady increase