the legal profession in england unit 6. what can lawyers do for their clients?

THE LEGAL PROFESSION THE LEGAL PROFESSION IN ENGLANDIN ENGLAND

Unit 6Unit 6

What can lawyers do for their What can lawyers do for their clients?clients?

PreviewPreview Branches of the legal professionBranches of the legal profession Solicitors: type of workSolicitors: type of work Solicitors’ professional organisationSolicitors’ professional organisation Solicitors’ trainingSolicitors’ training Barristers: type of workBarristers: type of work Barristers’ professional organisationBarristers’ professional organisation Barristers’ trainingBarristers’ training Advantages and disadvantages of a split Advantages and disadvantages of a split

professionprofession Historical overviewHistorical overview Legal termsLegal terms

Branches of the legal professionBranches of the legal profession

SolicitorsSolicitors Barristers Barristers

SolicitorsSolicitors

Provide members of the public – their Provide members of the public – their clients clients – with skilled advice and – with skilled advice and representation in all legal mattersrepresentation in all legal matters

InstructionsInstructions

Anyone who needs legal advice or Anyone who needs legal advice or have legal work done will go to a have legal work done will go to a solicitor’s office and tell them what solicitor’s office and tell them what he requires – this is called giving a he requires – this is called giving a solicitor solicitor instructionsinstructions


Work on their own, or as partners Work on their own, or as partners with other solicitorswith other solicitors

A solicitor’s practice: firm of solicitorsA solicitor’s practice: firm of solicitors

Type of workType of work

Litigation: preparing cases to be tried Litigation: preparing cases to be tried in the civil or criminal courtsin the civil or criminal courts

Commercial: legal advice in the field Commercial: legal advice in the field of business, drawing up contractsof business, drawing up contracts

Conveyancing: making all the legal Conveyancing: making all the legal arrangements for the buying and arrangements for the buying and selling of land, houses, etc.selling of land, houses, etc.


Employment: assisting employees Employment: assisting employees and employers in cases involving and employers in cases involving allegations of unfair dismissal, or allegations of unfair dismissal, or claims for redundancy paymentsclaims for redundancy payments

Family: divorce, child careFamily: divorce, child care


Immigration: representing foreign Immigration: representing foreign nationals, or those without any nationals, or those without any national status, who are claiming national status, who are claiming asylum, or permission to stay or workasylum, or permission to stay or work

Licencing: arranging to apply for Licencing: arranging to apply for licenceslicences

Probate: making wills for clients and Probate: making wills for clients and making sure their wishes are carried making sure their wishes are carried outout


At one time, most solicitors – general At one time, most solicitors – general practitioners who would refer to practitioners who would refer to experts in particular fields of lawexperts in particular fields of law

‘‘family solicitor’family solicitor’ Today: many solicitors specialise in Today: many solicitors specialise in

only one or two fields of lawonly one or two fields of law


Legal advisorsLegal advisors Also: provide detailed records of a Also: provide detailed records of a

casecase


The public comes into contact with The public comes into contact with solicitors more than any other people solicitors more than any other people who work in the law; this gives them who work in the law; this gives them a unique insight into how decisions of a unique insight into how decisions of the courts are madethe courts are made

Legal adviceLegal advice

Solicitors must be able to explain Solicitors must be able to explain what the law is and how a particular what the law is and how a particular set of circumstances is affected by set of circumstances is affected by the lawthe law

Good knowledge of the law and Good knowledge of the law and sound common sensesound common sense

RecordsRecords

Solicitors must create or organise a Solicitors must create or organise a record of what happens in a case, so record of what happens in a case, so that the case may be understood by that the case may be understood by barristers and judgesbarristers and judges

RecordsRecords

The recording process starts when The recording process starts when the solicitor first meets the clientthe solicitor first meets the client

Solicitor provides the client with Solicitor provides the client with information about what can and information about what can and cannot be done, and how much it will cannot be done, and how much it will costcost

RecordsRecords

Keeping note of all important Keeping note of all important meetings and telephone meetings and telephone conversations relating to the caseconversations relating to the case

Organising all case documents Organising all case documents (essential when handling clients’ (essential when handling clients’ property and money)property and money)

Family or ‘High Street’ SolicitorFamily or ‘High Street’ Solicitor

‘‘on call’ to deal with almost every on call’ to deal with almost every aspect of legal lifeaspect of legal life

Individual clients (crime, personal Individual clients (crime, personal injury claims, family matters, injury claims, family matters, employment and social security employment and social security problems)problems)

Other clients: estate agents, bank Other clients: estate agents, bank managers, accountantsmanagers, accountants

RepresentationRepresentation

Solicitors often appear in court as Solicitors often appear in court as advocates, ‘pleading the causes’ of advocates, ‘pleading the causes’ of their clientstheir clients

Solicitors present cases in the lower Solicitors present cases in the lower courts: magistrates’ courts and the courts: magistrates’ courts and the county courtscounty courts

Solicitor advocatesSolicitor advocates

Allowed to appear in the Crown Court Allowed to appear in the Crown Court and High Court and High Court

Solicitors and barristersSolicitors and barristers

Solicitors have direct contact with Solicitors have direct contact with their clients, barristers do nottheir clients, barristers do not

The solicitor’s relationship with a The solicitor’s relationship with a client – more personalclient – more personal

Solicitors and barristersSolicitors and barristers

A client who needs the services of a A client who needs the services of a barrister must go first to a solicitor, barrister must go first to a solicitor, who will instruct, or brief the who will instruct, or brief the barristerbarrister

The solicitor will choose the barrister The solicitor will choose the barrister who is right for the case, and help who is right for the case, and help prepare the case for courtprepare the case for court

The Law SocietyThe Law Society

The professional body that governs The professional body that governs the solicitors’ branch of the legal the solicitors’ branch of the legal professionprofession

Responsible for the training of Responsible for the training of solicitorssolicitors


Solicitors - ‘admitted to the Rolls’, Solicitors - ‘admitted to the Rolls’, which means their names will be which means their names will be entered on the roll (list) of solicitors entered on the roll (list) of solicitors permitted to practisepermitted to practise

They must have a practising They must have a practising certificate issued by the Law Societycertificate issued by the Law Society

Cc. 97,300 solicitorsCc. 97,300 solicitors


Makes rules as to how solicitors Makes rules as to how solicitors should look after their clientsshould look after their clients

Carries out spot-checks and auditsCarries out spot-checks and audits Disciplinary powersDisciplinary powers

TrainingTraining

A law degree – not essentialA law degree – not essential A student who does not graduate in A student who does not graduate in

law takes a law takes a conversion course conversion course conversion courseconversion course, also , also called called the Graduate Diploma in Law (GDL/CPE)(GDL/CPE)

1 year (full time) or 2 years (part-1 year (full time) or 2 years (part-time)time)

Training of solicitorsTraining of solicitors

Legal Practice Course (LPC), or Legal Practice Course (LPC), or Postgraduate Diploma in Legal Practice : 1 year (full course) or 2 : 1 year (full course) or 2 years (part-time); years (part-time);

aim: to equip trainee solicitors with aim: to equip trainee solicitors with the knowledge and skills to work in a the knowledge and skills to work in a solicitor’s office; solicitor’s office;

course-work, practical skills, written course-work, practical skills, written examinationsexaminations

TrainingTraining

Training contracts involve work in a Training contracts involve work in a solicitor’s officesolicitor’s office

Trainees handle their own cases, see Trainees handle their own cases, see clients, and carry out the clients, and carry out the responsibilities of a solicitor under responsibilities of a solicitor under supervision; supervision;

TrainingTraining

Professional skills course: subjects such as Professional skills course: subjects such as accounting, professional conduct, accounting, professional conduct, advocacyadvocacy

CCompulsory modulesompulsory modules:: Criminal Litigation, Criminal Litigation, Business Law and Practice,Business Law and Practice, Property Law Property Law and Practice, andand Practice, and Civil litigation Civil litigation

Elective modules: Elective modules: personal injury,personal injury, family family lawlaw, , employment law,employment law, housing law, housing law, immigration law, immigration law, probateprobate, , commercial law, commercial law, welfare law and commercialwelfare law and commercial property law property law

BarristersBarristers


Barrister-at-Law; also known as Barrister-at-Law; also known as counselcounsel


When they qualify they are ‘When they qualify they are ‘called called to the Bar’to the Bar’

dates from the days when each dates from the days when each courtroom was fitted with a bar courtroom was fitted with a bar dividing the area used by the court dividing the area used by the court from the general public. Only from the general public. Only barristers were allowed to step up to barristers were allowed to step up to the bar to plead their clients’ casesthe bar to plead their clients’ cases


Litigation or ‘courtroom lawyers’ who Litigation or ‘courtroom lawyers’ who actually conduct cases in courtactually conduct cases in court

Rights of audienceRights of audience (rights to (rights to appear) in any court (Crown Court, appear) in any court (Crown Court, Hight Court, courts of appeal)Hight Court, courts of appeal)


Mostly specialise in just one or two Mostly specialise in just one or two aspects of litigation (only criminal aspects of litigation (only criminal cases, or one or more of the many cases, or one or more of the many types of civil case)types of civil case)

Some: spend their professional lives Some: spend their professional lives advising, and writing opinions at the advising, and writing opinions at the request of solicitors in cases that request of solicitors in cases that involve difficult and complicated involve difficult and complicated areas of the lawareas of the law


Clients who need to go to court Clients who need to go to court cannot see a barrister directly; cannot see a barrister directly;

they can only arrange to be they can only arrange to be represented by a barrister or to take represented by a barrister or to take his advice by first going to a solicitor; his advice by first going to a solicitor;

the solicitor will then the solicitor will then instructinstruct or or brief brief the barrister to help the clientthe barrister to help the client


Unlike solicitors, barristers cannot Unlike solicitors, barristers cannot work in partnershipswork in partnerships

Self-employedSelf-employed In-house lawyersIn-house lawyers


Share offices known as barristers’ Share offices known as barristers’ chambers, and have their work chambers, and have their work organised by the same manager, organised by the same manager, who is called a barrister’s clerkwho is called a barrister’s clerk

Barrister’s clerkBarrister’s clerk

Arranges court appearances and Arranges court appearances and meetings between clients, solicitors, meetings between clients, solicitors, and barristers (conferences)and barristers (conferences)

Negotiates barristers’ feesNegotiates barristers’ fees

Inns of CourtInns of Court

Gray’s Inn (1370) Gray’s Inn (1370) Lincoln’s Inn (1422) Lincoln’s Inn (1422) Inner Temple (1440)Inner Temple (1440) Middle Temple (1404)Middle Temple (1404)

Gray’s InnGray’s Inn


In order to become a barrister, In order to become a barrister, students must pass all the necessary students must pass all the necessary law exams; law exams;

they must also attend ‘qualifying they must also attend ‘qualifying sessions’ which include ‘dining in sessions’ which include ‘dining in Hall’ and other educational activitiesHall’ and other educational activities

Dining in HallDining in Hall

Eating a number of dinners in the Eating a number of dinners in the Great Hall of an Inn of CourtGreat Hall of an Inn of Court

Dates from the days when students Dates from the days when students received their legal education by received their legal education by attending lectures which were given attending lectures which were given while they were dining in Hallwhile they were dining in Hall


Each Inn has its own hall, common Each Inn has its own hall, common rooms, library, and churchrooms, library, and church

It is run by a number of Masters of It is run by a number of Masters of the Bench, or benchers (senior the Bench, or benchers (senior barristers and judges who belong to barristers and judges who belong to the Inn, who are elected to govern it)the Inn, who are elected to govern it)


For centuries, the training institutions For centuries, the training institutions and professional societies for and professional societies for barristersbarristers

Call to the BarCall to the Bar

The ceremony that takes place in the The ceremony that takes place in the Hall, at which newly qualified Hall, at which newly qualified barristers are formally admitted and barristers are formally admitted and welcomed into the professionwelcomed into the profession

When barristers first qualify they are When barristers first qualify they are known as ‘junior counsel’known as ‘junior counsel’

Queen’s CounselQueen’s Counsel

After 10 years of experience, a junior After 10 years of experience, a junior counsel who produces work of a high counsel who produces work of a high standard, may be appointed by the standard, may be appointed by the Lord Chancellor to be ‘One of Her Lord Chancellor to be ‘One of Her Majesty’s Counsel Learned in the Majesty’s Counsel Learned in the Law’ : Queen’s Counsel (QC)Law’ : Queen’s Counsel (QC)

Becoming a QC: Becoming a QC: taking silktaking silk


2004: 14,364 practising barristers in 2004: 14,364 practising barristers in England and Wales, of whom 1,239 England and Wales, of whom 1,239 QCsQCs


Advocacy – work in courtAdvocacy – work in court The art of advocacy – the art of The art of advocacy – the art of

persuasionpersuasion

Principles of advocacyPrinciples of advocacy

‘‘A practising barrister must promote A practising barrister must promote and protect fearlessly and by all and protect fearlessly and by all proper and lawful means his client’s proper and lawful means his client’s best interests without regard to his best interests without regard to his own interests or to any own interests or to any consequences to himself or to any consequences to himself or to any other person’ (Barrister’s Code of other person’ (Barrister’s Code of Conduct)Conduct)

TrainingTraining

Academic qualifications, practical trainingAcademic qualifications, practical training Attending the Bar Professional Training Attending the Bar Professional Training

Course: Course: one year full time or two years one year full time or two years part timepart time

BPTC aims to give students the skills BPTC aims to give students the skills and required for a career at the Barand required for a career at the Bar: : advocacyadvocacy, , role-playing, exercises in role-playing, exercises in drafting legal documents and writing drafting legal documents and writing opinions.opinions.

Course contentCourse content

Case work skillsCase work skills: Case preparation, Legal : Case preparation, Legal researchresearch

Written SkillsWritten Skills::Opinion-writing (giving written Opinion-writing (giving written advice on cases), Drafting (writing various types advice on cases), Drafting (writing various types of documents required for litigation)of documents required for litigation)

Interpersonal skillsInterpersonal skills: : Conference skills Conference skills (interviewing clients)(interviewing clients), , Negotiation, Advocacy Negotiation, Advocacy (court or tribunal appearances)(court or tribunal appearances)

Legal knowledgeLegal knowledge:: Civil litigation and remediesCivil litigation and remedies, , Criminal litigation and sentencingCriminal litigation and sentencing, , EvidenceEvidence, , Professional ethicsProfessional ethics

PupillagePupillage

Apprenticeship with an experienced Apprenticeship with an experienced barrister in a set of barristers’ barrister in a set of barristers’ chamberschambers

6 months with one ‘pupil master’ and 6 months with one ‘pupil master’ and 6 with another, in order to gain a 6 with another, in order to gain a wider experiencewider experience

PupillagePupillage

During the first six months a young During the first six months a young barrister is not allowed to appear in barrister is not allowed to appear in court on his owncourt on his own

During the second six months he During the second six months he may do so in ‘appropriate cases’ may do so in ‘appropriate cases’ (less serious cases)(less serious cases)

TenancyTenancy

After completing a pupillage, the new After completing a pupillage, the new barrister can apply to become a barrister can apply to become a tenant in a set of chamberstenant in a set of chambers

Very difficult to be acceptedVery difficult to be accepted

TenancyTenancy

If accepted, the new tenant will use If accepted, the new tenant will use the chambers as a base, and will be the chambers as a base, and will be ‘clerked’ from them‘clerked’ from them

Tenants have to make a contribution Tenants have to make a contribution towards the expenses of running the towards the expenses of running the chamberschambers

Bar CouncilBar Council

The governing body for barristersThe governing body for barristers Issues a code of conduct to which all Issues a code of conduct to which all

barristers are obliged to adherebarristers are obliged to adhere Regulates activities of barristers, Regulates activities of barristers, maintains standards within the Barmaintains standards within the Bar Considers complaints against Considers complaints against

barristersbarristers

Training of barristers: summaryTraining of barristers: summary

1. A law degree, e.g. a Bachelor of Laws 1. A law degree, e.g. a Bachelor of Laws (L.L.B.)(L.L.B.)

or or conversion course conversion course known as a known as a postgraduate postgraduate Diploma in LawDiploma in Law, or GDL, or GDL

2. The student barrister then applies to 2. The student barrister then applies to join one of the Inns of Court to study for join one of the Inns of Court to study for the the Bar Professional Training Course, Bar Professional Training Course, or BPTCor BPTC

3. Pupillage

Advantages Advantages Having an independent barrister reviewing a course of Having an independent barrister reviewing a course of

action gives the client a fresh and independent opinion action gives the client a fresh and independent opinion from an expert in the field. from an expert in the field.

A barrister acts as a check on the solicitor conducting the A barrister acts as a check on the solicitor conducting the trial; if it becomes apparent that the claim or defence has trial; if it becomes apparent that the claim or defence has not been properly conducted by the solicitor prior to trial, not been properly conducted by the solicitor prior to trial, the barrister can (and usually has a duty to) advise the the barrister can (and usually has a duty to) advise the client of a separate possible claim against the solicitor.client of a separate possible claim against the solicitor.

Having trials conducted by experienced specialist Having trials conducted by experienced specialist advocates makes for smoother,more professionally run advocates makes for smoother,more professionally run trials.trials.

DisadvantagesDisadvantages

A multiplicity of legal advisers leads to higher A multiplicity of legal advisers leads to higher costscosts

As barristers are dependent upon solicitors for As barristers are dependent upon solicitors for referrals of work, it is open to questionreferrals of work, it is open to question how willing how willing barristers are to criticise those who instruct them barristers are to criticise those who instruct them to the client.to the client.

Barristers are sometimes criticised for being Barristers are sometimes criticised for being "over-specialised" and not having sufficient "over-specialised" and not having sufficient general expertise outside of what can be highly general expertise outside of what can be highly specialised fields.specialised fields.

Historical development: Historical development: The emergence of barristersThe emergence of barristers

England saw the very early England saw the very early emergence of a centralised system emergence of a centralised system of justice within the Royal Courtof justice within the Royal Court

Common law courts supplanted local Common law courts supplanted local courtscourts

A legal profession operating in the A legal profession operating in the central courts – 13th centurycentral courts – 13th century

Factors facilitating the development Factors facilitating the development of the legal professionof the legal profession

The language of the court – Norman The language of the court – Norman FrenchFrench

Geography – impossible to make all the Geography – impossible to make all the necessary journeys from a litigant’s necessary journeys from a litigant’s local estates to the Royal Court local estates to the Royal Court

Litigants required persons who could Litigants required persons who could speak for them in court and attorneys speak for them in court and attorneys for procedural purposes who could act for procedural purposes who could act on their behalf in their absenceon their behalf in their absence

Emergence of barristersEmergence of barristers

In late 13th c. The Common Bench In late 13th c. The Common Bench judges decided who they would judges decided who they would permit to appear as advocates – permit to appear as advocates – these persons began to form an elite these persons began to form an elite which stood apart from other legal which stood apart from other legal practitionerspractitioners

14th c. they organised into a guild 14th c. they organised into a guild known as “order of serjeants at law”known as “order of serjeants at law”

Admission to the guild – conducted Admission to the guild – conducted by the judges of the Common Benchby the judges of the Common Bench

Education of barristersEducation of barristers

13th c. – legal education available; texts 13th c. – legal education available; texts of lectures and disputations surviveof lectures and disputations survive

1280s students referred to as 1280s students referred to as “apprentices of the bench”“apprentices of the bench”

14th c. apprentices began to live around 14th c. apprentices began to live around the area of the four Inns of Courtthe area of the four Inns of Court

15th c. The Inns of Court – collegiate 15th c. The Inns of Court – collegiate establishments (the “Third University of establishments (the “Third University of England”)England”)

The emergence of solicitorsThe emergence of solicitors

15th c. solicitors – persons who helped 15th c. solicitors – persons who helped clients through the legal labyrinth, clients through the legal labyrinth, instructing counsel on their behalf instructing counsel on their behalf

In 16th c. solicitors were young In 16th c. solicitors were young barristersbarristers

Sufficient advocacy work to occupy Sufficient advocacy work to occupy the Bar, leaving preliminary interviews the Bar, leaving preliminary interviews with clients and procedural matters to with clients and procedural matters to solicitorssolicitors

Further DevelopmentsFurther Developments

17th c. – division of responsibility 17th c. – division of responsibility between solicitor and barristerbetween solicitor and barrister

Rules preventing barristers from Rules preventing barristers from undertaking the work of solicitors undertaking the work of solicitors and excluding solicitors from the Inns and excluding solicitors from the Inns of Courtof Court

Status of solicitorsStatus of solicitors

17th and 18th c. status of solicitors 17th and 18th c. status of solicitors improved – legal advisors of the improved – legal advisors of the wealthywealthy

1804 conveyancing monopoly1804 conveyancing monopoly 19th c. probate, divorce and 19th c. probate, divorce and

Admiralty workAdmiralty work Rights of audience in County Courts Rights of audience in County Courts

(set up in 1846)(set up in 1846)

Training: summaryTraining: summary

Solicitors Barristers

Degree, if not in law then a Graduate Diploma in Law/Common Professional Examination

Legal Practice Course Bar Professional Training Course

Training contract Pupillage

Role: SummaryRole: Summary


Private practice in solicitors’firm Self-employed in chambers

Wide variety of work Mostly court work

Contracts, wills, conveyancing Also write opinions and draft documents

Direct access by clients Direct access limited to other professions, e.g. accountants

Advocacy rights: summaryAdvocacy rights: summary


Advocacy certificate Full rights

SupervisionSupervision


Law Society Bar Council

Legal termsLegal terms

BarristerBarrister odvjetnik s pravom zastupanja pred odvjetnik s pravom zastupanja pred

svim sudovimasvim sudovima SolicitorSolicitor odvjetnik s pravom zastupanja pred odvjetnik s pravom zastupanja pred

nižim sudovimanižim sudovima


InstructionsInstructions Details of the case given by a client Details of the case given by a client

to a solicitor, or by a solicitor to a to a solicitor, or by a solicitor to a barristerbarrister


ClientClient A person who pays for a service A person who pays for a service

carried out by a professional person carried out by a professional person such as a solicitorsuch as a solicitor

A person who employs a solicitor to A person who employs a solicitor to carry out legal business on his carry out legal business on his behalf; a solicitor’s client cannot behalf; a solicitor’s client cannot consult a barrister directly but only consult a barrister directly but only through his solicitor; the solicitor is through his solicitor; the solicitor is therefore the barrister’s clienttherefore the barrister’s client


EstateEstate: : all the property that is owned by a person, all the property that is owned by a person,

especially a person who has recently diedespecially a person who has recently died Ostavinska masa, ostavinaOstavinska masa, ostavina ConveyancingConveyancing: : drawing up a document which legally drawing up a document which legally

transfers property from a seller to a buyertransfers property from a seller to a buyer Sastavljanje dokumenta o prijenosu Sastavljanje dokumenta o prijenosu

vlasništvavlasništva


BriefBrief:: details of a client’s case, prepared by details of a client’s case, prepared by

a solicitor and given to the barrister a solicitor and given to the barrister who is going to argue the case in who is going to argue the case in courtcourt

To brief a barristerTo brief a barrister to give a barrister all the details of to give a barrister all the details of

the case which he will argue in courtthe case which he will argue in court


DefamationDefamation: : act of injuring someone’s reputation act of injuring someone’s reputation

by maliciously saying or writing by maliciously saying or writing things about themthings about them

NegligenceNegligence: : the tort of acting carelessly towards the tort of acting carelessly towards

others so as to cause harm, entitling others so as to cause harm, entitling the injured party to claim damagesthe injured party to claim damages

Nehaj, nemarNehaj, nemar


To sueTo sue: : to start legal proceedings against to start legal proceedings against

someone to get compensation for a wrongsomeone to get compensation for a wrong Damages:Damages: money claimed by a claimant from a money claimed by a claimant from a

defendant as compensation for harm donedefendant as compensation for harm done LiableLiable: : legally responsible for somethinglegally responsible for something


PleadingsPleadings: : documents setting out the claim of documents setting out the claim of

the claimant or the defence of the the claimant or the defence of the defendant, or giving the arguments defendant, or giving the arguments which the two sides will use in which the two sides will use in proceedingsproceedings

Iskazi parničkih stranaka, podnesci u Iskazi parničkih stranaka, podnesci u građanskom postupkugrađanskom postupku

Exercise: Legal professionalsExercise: Legal professionals

Below is a list of tasks carried out by Below is a list of tasks carried out by solicitors and barristers. Classify them: solicitors and barristers. Classify them:

advising clients on general legal issues, advising clients on general legal issues, advising clients on specialist legal issues, advising clients on specialist legal issues, advising on litigation, advising on tax advising on litigation, advising on tax matters, advocacy in all courts, advocacy in matters, advocacy in all courts, advocacy in lower courts, commercial work, lower courts, commercial work, conveyancing of houses, dealing with conveyancing of houses, dealing with commercial transactions, drafting of commercial transactions, drafting of documents in connection with litigation, documents in connection with litigation, making wills, preparing cases, share and making wills, preparing cases, share and other property dealingsother property dealings


Advising clients on general legal issuesAdvising clients on general legal issues Advising on tax mattersAdvising on tax matters Advocacy in lower courtsAdvocacy in lower courts Commercial workCommercial work Conveyancing of housesConveyancing of houses Dealing with commercial transactionsDealing with commercial transactions Making wills Making wills Preparing casesPreparing cases Share and other property dealingsShare and other property dealings


Advocacy in all courtsAdvocacy in all courts Advising clients on specialist legal Advising clients on specialist legal

issuesissues Advising on litigationAdvising on litigation Drafting of documents in connection Drafting of documents in connection

with litigationwith litigation

Exercise 2: Legal trainingExercise 2: Legal training

Legal training for solicitors (who Legal training for solicitors (who provide general legal advice to clients) provide general legal advice to clients) and barristers (who present cases in and barristers (who present cases in the upper courts) is different. The the upper courts) is different. The following texts describe the stages in following texts describe the stages in legal training, but they are mixed up. legal training, but they are mixed up. Put the steps into the correct category Put the steps into the correct category (Training for solicitors/Training for (Training for solicitors/Training for barristers) and order: barristers) and order:

Exercise 2Exercise 2 1. PRACTICE AND CONTINUING EDUCATION1. PRACTICE AND CONTINUING EDUCATION The next stage is to obtrain a ‘tenancy’: The next stage is to obtrain a ‘tenancy’:

becoming an assistant to a practising becoming an assistant to a practising barrister.barrister.

2. GETTING THE QUALIFICATIONS2. GETTING THE QUALIFICATIONS The next step is to acquire some legal The next step is to acquire some legal

traiing specific to the work of a barrister.traiing specific to the work of a barrister. 3. DEVELOPING PRACTICAL SKILLS3. DEVELOPING PRACTICAL SKILLS Next the intending solicitor has to enter a Next the intending solicitor has to enter a

two-year training contract with a firm of two-year training contract with a firm of solicitors to gain practical experience in a solicitors to gain practical experience in a variety of areas of law.variety of areas of law.

Exercise 2Exercise 2 4. GETTING THE TRAINING AND 4. GETTING THE TRAINING AND

EXPERIENCE: PUPILLAGEEXPERIENCE: PUPILLAGE This is the ‘apprenticeship’ served by This is the ‘apprenticeship’ served by

trainee barristers, who are known as pupils. trainee barristers, who are known as pupils. It usually takes a year and consists of a It usually takes a year and consists of a mixture of assisting and observing mixture of assisting and observing experienced barristers, as well as more experienced barristers, as well as more practical experience.practical experience.

5. GETTING THE ACADEMIC 5. GETTING THE ACADEMIC QUALIFICATIONSQUALIFICATIONS

The quickest and most common route to The quickest and most common route to qualification is by means of a qualifying law qualification is by means of a qualifying law degree.degree.

Exercise 2Exercise 2 6. GETTING THE VOCATIONAL QUALIFICATIONS6. GETTING THE VOCATIONAL QUALIFICATIONS You will have to undertake the Legal Practice You will have to undertake the Legal Practice

Course, which is the professional training for Course, which is the professional training for solicitors. The course teaches the practical solicitors. The course teaches the practical application of the law to the needs of clients.application of the law to the needs of clients.

7. GETTING THE ACADEMIC QUALIFICATIONS7. GETTING THE ACADEMIC QUALIFICATIONS The first part of training to become a barrister The first part of training to become a barrister

is known as the academic stage, which is known as the academic stage, which provides a general theoretical introduction to provides a general theoretical introduction to the law.the law.

Exercise 2Exercise 2

Training for solicitorsTraining for solicitors 5, 6, 35, 6, 3 Training for barristersTraining for barristers 7, 2, 4, 17, 2, 4, 1


VERBVERB NOUNNOUN NOUN - NOUN - PERSONPERSON

00 partnerpartner

traineetrainee

adviseadvise

practicepractice

specialisespecialise

Exercise 4Exercise 4 Match the two parts of the definitions:Match the two parts of the definitions: 1. Someone who works for his or herself is1. Someone who works for his or herself is 2. If you speak on behalf of clients in court, 2. If you speak on behalf of clients in court,

youyou 3. Non-professional clients are known as3. Non-professional clients are known as 4. Barristers working solely for a company 4. Barristers working solely for a company

are calledare called 5. The governing authorities of barristers 5. The governing authorities of barristers

areare 6. When a solicitor gives a barrister the 6. When a solicitor gives a barrister the

details of a case, the barrister isdetails of a case, the barrister is 7. When you work as a barrister you7. When you work as a barrister you


A) provide representationA) provide representation B) lay clientsB) lay clients C) Self-employed/ a sole traderC) Self-employed/ a sole trader D) instructedD) instructed E) in-house counselE) in-house counsel F) practise at the BarF) practise at the Bar G) the Bar Council and the Inns of G) the Bar Council and the Inns of

CourtCourt

KeyKey

1c1c 2a2a 3b3b 4e4e 5g5g 6d6d 7f7f


Complete the extracts from a trainee Complete the extracts from a trainee barrister describing her professional barrister describing her professional life using the following: life using the following: advocacy, advocacy, Bar Vocational Course, chambers, Bar Vocational Course, chambers, conversion course, conversion course, document/pleading/opinion, exercise document/pleading/opinion, exercise rights of audience, pupillage, pupil rights of audience, pupillage, pupil master, senior barrister, shadowmaster, senior barrister, shadow

advocacy, Bar Vocational Course, chambers, conversion course, advocacy, Bar Vocational Course, chambers, conversion course, document/pleading/opinion, exercise rights of audience, pupillage, document/pleading/opinion, exercise rights of audience, pupillage,

pupil master, senior barrister, shadowpupil master, senior barrister, shadow

I took a first degree in Modern History, I took a first degree in Modern History, then did the ____ ____ in law at City then did the ____ ____ in law at City University, which was much harder. I then University, which was much harder. I then did the ____ _____ _____ at the Inns of Court did the ____ _____ _____ at the Inns of Court School of Law.School of Law.

Most days I’d expect to be present in Most days I’d expect to be present in ____from about 8.45 am to 7.00pm, ____from about 8.45 am to 7.00pm, working almost throughout in my ____ working almost throughout in my ____ _____’s room. During that time I ____his _____’s room. During that time I ____his professional life completely. professional life completely.



I generally look at papers when they first I generally look at papers when they first come in. I’m expected to be able to suggest come in. I’m expected to be able to suggest how the case might be approached. In a how the case might be approached. In a week I might draft a___, prepare notes for a week I might draft a___, prepare notes for a conference with clients, comment on draft conference with clients, comment on draft witness statements, and research legal witness statements, and research legal points.points.

Although all ___ are for twelve months, if Although all ___ are for twelve months, if they think you have no prospect of finding a they think you have no prospect of finding a ____in the chambers, after six months you ____in the chambers, after six months you would be told discreetly.would be told discreetly.



Chambers runs ___training evenings Chambers runs ___training evenings to reduce the loss of opportunity to to reduce the loss of opportunity to ________

____ _____ _____ in court.____ _____ _____ in court. When I’ve prectised for more than When I’ve prectised for more than

ten years, I’d be interested in being ten years, I’d be interested in being appointed as a _____ ______, with a appointed as a _____ ______, with a specialist area such as employment specialist area such as employment law.law.

KeyKey

I took a first degree in Modern History, I took a first degree in Modern History, then did the then did the conversion courseconversion course in law in law at City University, which was much at City University, which was much harder. I then did the harder. I then did the Bar Vocational Bar Vocational CourseCourse at the Inns of Court Schoold of at the Inns of Court Schoold of Law. Most days I’d expect to be present Law. Most days I’d expect to be present in in chamberschambers from about 8.45 am to from about 8.45 am to 7.00pm, working almost throughout in 7.00pm, working almost throughout in my my pupil master’spupil master’s room. During that room. During that time I time I shadowshadow his professional life his professional life completely. completely.

KeyKey

I generally look at papers when they I generally look at papers when they first come in. I’m expected to be able first come in. I’m expected to be able to suggest how the case might be to suggest how the case might be approached. In a week I might draft a approached. In a week I might draft a pleading/opinion/documentpleading/opinion/document, , prepare notes for a conference with prepare notes for a conference with clients, comment on draft witness clients, comment on draft witness statements, and research legal statements, and research legal points. points.

KeyKey

Although all pupillages are for twelve Although all pupillages are for twelve months, if they think you have no months, if they think you have no prospect of finding a tenancy in the prospect of finding a tenancy in the chambers, after six months you chambers, after six months you would be told discreetly. Chambers would be told discreetly. Chambers runs runs advocacyadvocacy training evenings to training evenings to reduce the loss of opportunity to reduce the loss of opportunity to exercise rights of audienceexercise rights of audience in in court.court.

KeyKey

When I’ve practised for more than When I’ve practised for more than ten years, I’d be interested in being ten years, I’d be interested in being appointed as a appointed as a senior barristersenior barrister, , with a specialist area such as with a specialist area such as employment law.employment law.

Additional informationAdditional information

Barristers:Barristers: www.barcouncil.org.uk Solicitors: Solicitors: www.lawsociety.org.uk/home.law International professional International professional

organisationsorganisations www.ibanet.orgwww.ibanet.org

the legal profession in england unit 6. what can lawyers do for their clients?

Documents

solicitors work

legal work

solicitors practice

firm of solicitors

solicitors office

legal advice

legal matters

legal arrangements