UNITS 6,7The Legal Profession

in England

The Legal Profession in England

two branchesSOLICITOR BARRIST

ER

The Legal Profession in EnglandSOLICITOR

- 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

L i a b i l i t y

SOLICITORliable for

NEGLIGENCE

not liable for

DEFAMATION

BARRISTER

(since 2000) liable for

NEGLIGENCEin the conduct of a

case

The Legal Profession in England

SOLICITORSemployed

-in private practice (alone or in a partnership firm)

- in industry and commerce

- in government departments

- in advice agencies

BARRISTERS work

-independently in self-employed 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 STAGES1) 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 QualificationBARRISTER3 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 Bar3) 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

Two types of barristersJunior Counsel all practising barristers until they become Queen’s Counsel

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- - barrister = viši odvjetnik- - 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- - Law Society = profesionalno tijelo

engleskih i velških nižih odvjetnika- - a bar association (AE) (Croatian Bar

Association) = odvjetnička komora- - to serve articles to a solicitor = obavljati

praksu kod nižeg odvjetnika- - 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

- barristers chambers = ured višeg odvjetnika

- to draw up/draft legal documents = sastaviti pravni dokument

- a contract /a will = ugovor / oporuka- to give legal advice = pravno savjetovati- to receive instructions from lay clients =

dobiti naputke (podatke) o predmetu od klijenta

-to take instructions from a solicitor = dobiti naputke (podatke) o predmetu od nižeg odvjetnika

- to brief a barrister = upoznati višeg odvjetnika s predmetom

- a brief = kratki prikaz predmeta- 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 practiceFind 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