UNITS 6 7 The Legal Profession in England

UNITS 6, 7 The Legal Profession in England

The Legal Profession in England two branches SOLICITOR BARRISTER

The Legal Profession in England SOLICITOR - drafts legal documents (conveyancing, drawing up contracts, drafting wills, administration of estates, family matters, formation of companies, criminal offences …) - gives written advice - traditionally represents in the inferior courts (Courts and Legal Services Act 1990 – have the right to apply for a certificate of advocacy in higher courts; Access to Justice Act 1999 all solicitors should be given full rights of audience) - receives instruction from lay clients (e. g. the administration of estates, family matters, the formation of companies, criminal offences) - instructs barristers on behalf of lay clients BARRISTER - provides representation in the courts (has the RIGHT OF AUDIENCE in all courts) - drafts documents associated with court procedure - gives specialist legal advice (e. g. on evidence and procedural matters) - takes instructions (only) from solicitors

Preparation of a trial in the superior courts SOLICITOR – takes instructions from the client SOLICITOR – prepares briefs and approaches the barrister BARRISTER – gives an opinion or represents the client at the trial

Liability SOLICITOR liable for NEGLIGENCE BARRISTER (since 2000) liable for not liable for NEGLIGENCE DEFAMATION in the conduct of a case

The Legal Profession in England SOLICITORS employed -in private practice (alone or in a partnership firm) - in industry and commerce - in government departments - in advice agencies BARRISTERS work -independently in selfemployed practice in groups called chambers (can not form partnerships) and practice at the Bar as barristers - as in-house counsels (may only represent their employer) - in government departments

Training and Qualification SOLICITOR 3 STAGES 1) gaining a bachelor degree in law (LLB) or graduating in a non-law subject and complete a one year conversion course – postgraduate Diploma in Law (GDL) 2) Passing a one-year Legal Practice Course (LPC) + examination at the Law Society 3) working for 2 years as a trainee solicitor – a training contract (with a legal firm or in the legal department of a local authority or large company) admitted as a solicitor receives his Certificate of Practice

Training and Qualification BARRISTER 3 STAGES 1) gaining a bachelor degree in law (LLB) or graduating in a non-law subject and complete a one year conversion course – postgraduate Diploma in Law (GDL) 2) joining one of the Inns of Court + a one year Bar Professional Training Course (BPTC); passing an examination (conducted by the Council for Legal Education) the call to the Bar 3) pupillage – a year long apprenticeship (usually at barrister’s chambers – learn how to prepare and present a case) - applying for tenancy in chambers Full Qualification Certificate the RIGHT OF AUDIENCE in any court of law in England Wales

Two types of barristers Junior Counsel § all practising barristers until they become Queen’s Counsel § after at least 10 years of experience as a barrister or solicitor with an advocacy qualification it is possible to apply to become a Queen’s Counsel (QC) § wears silk gown ('takes silk' ) as a sign of honour § 10% of the Bar § take on more complicated and high-profile cases § senior judges chosen from the ranks of QCs

Some recent changes in the profession of lawyers… Recently a new scheme has been introduced - a client can instruct a barrister direct through a scheme called ‘public access’ this is only in certain types of cases and only where the client can effectively act as their own solicitor FIND MORE USING THE FOLLWING LINK http: //findabarrister. co. uk/ Contrary to popular belief both barrsiters and solicitors can become judges, although more judges have come from the bar than from the ranks of solicitors, and still do.

Essential expressions - - solicitor = niži odvjetnik - barristers chambers = ured višeg odvjetnika - - barrister = viši odvjetnik - - the Bar = odvjetnički stalež - to draw up/draft legal documents = sastaviti pravni dokument - - to call to the Bar = postati član Odvjetničke komore - a contract /a will = ugovor / oporuka - - to disbar = isključiti iz odvjetničke komore, oduzeti licencu - - the Bar Council = Odvjetnička komora engleskih i velških viših odvjetnika - to receive instructions from lay clients = dobiti naputke (podatke) o predmetu od klijenta - to give legal advice = pravno savjetovati - - Law Society = profesionalno tijelo engleskih i velških nižih odvjetnika -to take instructions from a solicitor = dobiti naputke (podatke) o predmetu od nižeg odvjetnika - - a bar association (AE) (Croatian Bar Association) = odvjetnička komora - to brief a barrister = upoznati višeg odvjetnika s predmetom - - to serve articles to a solicitor = obavljati praksu kod nižeg odvjetnika - a brief = kratki prikaz predmeta - - - to qualify for Call to the Bar = ostvariti uvjete za dobivanje odvjetničke licence i prijem u Odvjetničku komoru - to undertake pupillage in chambers = obavljati odvjetnički vježbenički staž u uredu višeg odvjetnika - to be liable for negligence / defamation = biti (pravno) odgovoran za nemar / klevetu - pleadings = pisani podnesci, parnični akti; to plead a case = zastupati u sporu - the right of audience = pravo zastupanja strake / klijenta na sudu

Vocabulary practice Find the terms containing the word BAR which match the following definitions. 1. A lawyer who is qualified to plead on behalf of clients is a ______. 2. In the UK, a training course which enables people who wish to become barristers and who have registered with the Inns of Court to acquire the skills and knowledge to prepare them for the specialised training of the pupillage is called ________ Course. 3. A ceremony held at the end of this training course, when a candidate enters the profession is known as __________. 4. An organisation regulating the legal profession is a _________. 5. To grant the entrance to the legal profession or to _________. 6. To compel a lawyer to stop practicing law due to an offence committed means to ________ a lawyer.

Vocabulary practice – Answer key 1 a barrister 2 the Bar Professional Training Course (BPTC) 3 the Call to the Bar 4 a bar association / a bar council 5 to admit to the Bar 6 to disbar