The Legal Profession in England and Wales: Solicitors and Barristers

1. UNIT 10 The Legal Profession

2. Introductory exercise • Do the exercise I, p 85 in your text book. • Match the terms for different legal professionals with the descriptions of their work.

3. The Legal Profession in Englandand Wales two branches SOLICITOR BARRISTER

4. The Legal Profession - SOLICITOR • - drafts legal documents • (drawing up contracts, draftingwills, administrationofestates, familymatters, formationofcompanies, criminaloffences …) • gives written advice, meetsandinterviewsclients • traditionallyrepresents 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 layclients (e.g. the administration ofestates, familymatters, theformation of companies, criminaloffences) • instructs barristers on behalf of lay clients • calculatesclaims for damages

5. Work practice • Around 120,000 with practicing certificates in England and Wales • Work : - in private practice - employed by local or central government - as “in-house” lawyers for commercial or industrial organisations - court service TOP SOLICITORS – often partners or senior partners in law firms.

6. The Legal Profession - BARRISTER • provides representation in the courts (has the RIGHT OF • AUDIENCEinall courtsinEnglandandWales) • drafts documents associated with court procedure • providesspecialist legal advice (e.g. on evidence • and procedural matters) • takes instructions (only)from solicitors, howeverholdconferenceswihtclients to discusstheircase / problems • representclientsin court (presentingthecase, examiningwitnesses) • summingupargumentsthat court may base itsdecision on • negotiatessettlementswiththeotherpartyinthedispute

7. Work practice • Over 12,000 barristers in England and Wales • Work : - as self-employed in offices called “chambers” - set of chambers = 15 – 30 barristers (each having a barrister̕ s clerk - a liason between the barristers and the instructing solicitors  - employed barristers in industry, commerce, government • Bar Council΄s Public Access Rules in 2004  barristers accept instructions directly from citizens (exceptions: criminal and family law, immigration – no direct instrustions)

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

9. How do solicitors and barristers work together? Preparation of a trial in the superior courts

10. L i a b i l i t y SOLICITOR liable for NEGLIGENCE not liable for DEFAMATION BARRISTER (since 2000) liable for NEGLIGENCE in the conduct of a case

11. Content and language work • do the exercise III, p. 87 in your text book to summ up the main information about the two legal professions • do the language exercise IV, p. 88 a) find collocations b) translate the phrases 1 – 12 into Croatian

12. 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 trainingcontract(witha legal firm or in the legal department of a local authority or large company) admitted as a solicitor receives his Certificate of Practice

13. Training and QualificationBARRISTER 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 and Wales

14. Inns of Court https://www.barcouncil.org.uk/about-the-bar/what-is-the-bar/inns-of-court/

15. The example of Lincoln’s Inn

16. 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.

17. Essential expressions • - solicitor = odvjetnik na nižim sudovima • - barrister = odvjetnik na višim sudovima • - the Bar = odvjetnički stalež • - to call to the Bar = postati član Odvjetničke komore • - to disbar = isključiti iz odvjetničke komore, oduzeti licencu • - the Bar Council = Odvjetnička komora engleskih i velških viših odvjetnika • - LawSociety = profesionalno tijelo engleskih i velških nižih odvjetnika • - a bar association (AE) (Croatian Bar Association) = odvjetnička komora • - to servearticles to a solicitor = obavljati praksu kod odvjetnika koji ima pravo zastupanja na nižim sudovima • - to qualify for Call to the Bar = ostvariti uvjete za dobivanje odvjetničke licence i prijem u Odvjetničku komoru • - to undertakepupillageinchambers = obavljati odvjetnički vježbenički staž u uredu odvjetnikakoji ima pravo zastupanja na višem sudu

18. Essential expressions - barristers chambers = uredodvjetnika s pravomzastupanjanavišemsudu - to draw up/draft legal documents = sastavitipravnidokument - a contract /a will = ugovor / oporuka - to give legal advice = pravnosavjetovati, davatipravnisavjet - to receive instructions from lay clients = dobitinaputke (podatke) o predmetu od klijenta - to take instructions from a solicitor = dobitinaputke (podatke) o predmetu od odvjetnika s pravomzastupanjananižemsudu - to brief a barrister = izvijestitiodvjetnika s pravomzastupanjanavišemsudu o detaljimapredmeta - a brief = kratkiprikazpredmeta - to be liable for negligence / defamation = biti (pravno) odgovoranzanemar / klevetu • pleadings = pisanipodnesci, parničniakti; - to plead a case = zastupati u sporu • the right of audience = pravozastupanjastranke / klijentanasudu

19. Vocabulary practiceFind the terms containing the word BAR which match the following definitions. 1.A lawyer who is qualified to plead on behalf of clientsis 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 pupillageiscalled ________________ Course. 3.A ceremony held at the end of this training course, when a candidate enters the professionisknown as ___________________. 4.An organisation regulating the legal professionis a __________________. 5.To granttheentrance to the legal professionor to __________________. 6.To compel a lawyer to stop practicing law due to an offence committedmeans to _______________ a lawyer.

20. 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

21. Stages of education and qualification • Step 1 – study the table: exercise V p. 88 • Step 2 – read the text in exercise VI and fill in the gaps

22. Research task – visit the page of HOK • http://www.hok-cba.hr/ • Which information on the work of Croatian Lawyers chamber can you find?

23. PART II – CV • Read the CV, p. 92 – 94. Think about language and style of the CV • Answer the questions, p. 94