Barristers and solicitors

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Content1. The legal profession2. The barrister and the solicitor3. Professional body4. Activity of barrister and solicitor5. Qualifying as a barrister6. Qualifying as a solicitor7. Similarities between barristers and solicitors8. Differences between barristers and solicitors9. The conclusion10. Bibliography

The legal profession

The legal profession in England and Wales is divided into two branches: solicitors and barristers

The barrister and the solicitor

The barrister is a legal professional who represent you in court, a lawyer …

The solicitor is a legal professional gives you legal advice generally, and if it becomes necessary, will arrange for a barrister to represent you in court. 

Solicitors can represent you in court, too, but only in lower courts. 

If the case goes

higher, then you need a Barrister to fight for you in

higher courts.

Professional bodyEach branch is governed by its own professional body

BARRISTERS SOLICITORS Are represented by

the Bar Council Bar Council’s main

purpose is to maintain and enhance professional standards

Are represented by the Law Society

The Law Society is the representative of the interests of solicitors, a regulatory body that can set rules and discipline solicitors

ActivityBARRISTERS SOLICITORS

Sole traders with unlimited liability

Most barristers work in chambers, but they are now permitted to practise alone, working from an office or home

Represent the client in the court

Direct access by clients They generally practise

in private firms, as legal advisors in corporations or government departments

Are responsible for all the preparatory pre-court work

Similarities Both solicitors and barristers have a legal immunity

in respect of actions and statements made during the lawful conduct of their clients’ lawsuits. For example, they cannot be sued for slander in respect of anything which they say in the course of a trial.

Both are bound not to disclose facts affecting their clients which come to their knowledge in the course of professional dealings with their clients.

Both are liable to censure and penalties for unprofessional conduct, by the Law Society and the Senate of the Inns of Court respectively.

Differences A solicitor can make a binding contract with his client

for his fee, but a barrister cannot do so, although he can refuse a brief unless paid in advance.

A solicitor deals directly with his client, but professional etiquette demands that a barrister should deal only through a solicitor.

The qualifications of solicitors, and control of their conduct, are largely prescribed by statute, but for barristers the qualifications required, and the etiquette to be observed, are dependent mainly on the traditions and customs of the Inns of Court.

A solicitor has a right of audience only in certain courts, but a barrister may appear in any court.

The conclusion

Barristers and solicitors handle different issues and provide different services to their clients, but ultimately, they support each other in their line of work.

Bibliography

http://www.facultate.regielive.ro http://www.law.ua.edu http://www.pravo.unizg.hr/en

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