The Legal Profession

1. The Legal Profession Solicitors and barristers

3. A career in Law in England and Wales Solicitors Barristers

4. The role of solicitors • Lawyers in the UK generally practise as solicitors in private firms, as legal advisors in corporations or government departments • Solicitors carry on most of the office work, provide expert legal support and advice to clients, take instructions from clients and prepare and deliver the client’s instructions to a barrister • Specialisation (divorce, contracts, drafting wills, consumer problems, conveyancing etc.) • Direct access by clients

5. Training • The first degree – if not in law, they must take Graduate Diploma in Law • One-year Legal Practice Course (LPC), then the CPE – Common Professional Examination • Serving articles (traineeship) – 2 years of training with a senior solicitor • Admitted as solicitors by Law Society • Certificate to practise renewable every year

6. Advocacy rights • After the training, a trainee is admitted as a solicitor by the Law Society • Advocacy rights in the Magistrates’ Court and the County Court • The Access to Justice Act of 1990 allowed them to apply for advocacy rights in the higher courts (only 2% applied)

8. A day in the life of a solicitor • https://www.youtube.com/watch?v=t_VKdcJttc4

9. The Law Society • The governing body of solicitors • A regulatory body that can set rules and discipline solicitors • The representative of the interests of solicitors

10. Barristers • They provide specialist legal advice and have the right of audience in every court in England and Wales • Court work – providing representation • Specialist legal advise – giving opinions • Sole traders with unlimited liability • Self-employed practice - chambers

11. Training • Intending barristers need a qualifying law degree (LLB) • Graduates in non-law subject undertake a one year conversion course known as GDL (postgraduate Diploma in Law) • Bar Vocational Course to gain practical skills of advocacy • The student barrister then applies to one of the Inns of Court

12. Call to the Bar • After passing the BVC and completing the necessary attendance at an Inn of Court, the person is called to the Bar and is officially qualified as a barrister • Pupillage • Tenancy

13. Pupillage • One year pupillage in chambers • Two parts: a non-practising six months when pupils shadow their pupil master • Practising six months when pupils undertake to supply legal services and exercise right of audience

14. Full Qualification Certificate Pupils must learn: • the rules of conduct and etiquette at the Bar • to prepare and present a case competently • To draft pleadings and opinions • The qualified barrister applies for a tenancy in chambers

16. The Inns of the Court • Gray’s Inn, Lincoln’s Inn, Inner Temple and Middle Temple • Keeping terms (dining at their Inn a fixed number of times or attending weekend courses run by their Inn) • Call to the Bar – passing the examination conducted by the Council of Legal Education

17. The Bar Council • The governing body of barristers • Regulatory and representative functions • Main purpose: to maintain and enhance professional standards • Complaints against barristers are handled by the Bar Standards Board

18. Junior and Senior Barristers • When a junior barrister has practised at the Bar for 10-15 years, it is possible to apply to become a senior barrister, or Queen’s Counsel, whose work concentrates on court appearances, advocacy and opinions • An independent selection panel recommends who should be appointed to the Lord Chancellor • https://www.youtube.com/watch?v=1rHZzjcRB3g

19. Solicitors and barristers • Solicitors are in direct contact with the lay client; can be sued for negligence • They represent clients in courts of inferior jurisdiction • In more serious cases, they do the preparatory work and approach the barristers • Barristers represent the client in all courts

20. Vocabulary exercise Complete the following: Professional _________ must be passed before anyone can become a solicitor. A solicitor is bound contractually to his or her client and can be sued for _____________. Barristers may take instructions only from __________, not from _________ directly.

21. Answer key • Professional EXAMINATION must be passed before anyone can become a solicitor. A solicitor is bound contractually to his or her client and can be sued for NEGLIGENCE. Barristers may take instructions only from SOLICITORS, not from LAY CLIENTS directly.

22. Focus on the particular daily activities of barristers and solicitors and match the following verbs and nouns. Mark who performs each activity: a solicitor (S), a barrister (B), or both (S,B). provide advise take brief draft research and analyze supervise plead represent hold negotiate calculate • _____________________ specialist legal advice • _____________________ documents • _____________________ claims for damages • _____________________ the implementation of agreements • _____________________ instructions from clients • _____________________ clients in court • _____________________ a barrister • _____________________ documents, letters, contracts, wills • _____________________ cases in court • _____________________ conferences with clients • _____________________ settlements • ______________________ clients

23. Answer key • PROVIDE specialist legal advice B • RESEARCH AND ANALYSE documents S • CALCULATE claims for damages S • SUPERVISE the implementation of agreements S • TAKE instructions from clients S • REPRESENT clients in court BS • BRIEF a barrister S • DRAFT documents, letters, contracts, wills S • PLEADS cases in court BS • HOLDS conferences with clients B • NEGOTIATE settlements B • ADVISE clients B

24. Find the terms and expressions containing the word BAR which match the following definitions. • _____________________ = a lawyer who is qualified to plead on behalf of clients • _____________________ = 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 • _____________________ = a ceremony held at the end of this training course, when a candidate enters the profession • _____________________ = organisation regulating the legal profession

25. BARRISTER = a lawyer who is qualified to plead on behalf of clients • BAR PROFESSIONAL TRAINING COURSE = 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 • CALL TO THE BAR = a ceremony held at the end of this training course, when a candidate enters the profession • THE BAR COUNCIL = organisation regulating the legal profession

26. CV of a Newly Qualified Solicitor • Read the CV (pp. 92-94) and answer the folowing questions: • Which university did Mark Bradley graduate from? • Which degree was he awarded? • Which legal firm did he have his training contract with? • Which areas of law did he specialize in during his traineeship? • What types of documents can he draft? • Which other legal services (besides drafting documents) did he provide in the area of corporate, commercial property, trusts & tax law? • In which law department did he work as a paralegal? • Which key skills and competences that are of importance for direct communication with clients did he acquire?

27. Thank you for your attention!