Contents
Introduction: The purpose of the essay
I. Legal Profession a) Branches b) The United Kingdom of Great Britain and Northern Ireland c) UK Legal System
II. Solicitors a) General Practitioner Lawyers b) Traditions c) Origins
III. Barristers a) Architects and Executives b) Legal Advisers and Advocates c) Lawyer-Client Relationship IV. Difference between Solicitors and Barristers and different Governing Bodies. a) Bar council or the Law Society b) Barristers c) Solicitors V. Beginning Act for Fusion of Legal Profession a) Courts and Legal Services Act 1990 b) House of Lords, Court of Appeal and High Court c) Section 61 of the Act
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(Barcouncil, 2009) Barristers are independent and do not give legal advice to the clients (Duhaime, 2009). Furthermore not authorized to initiate lawyer-client relationship and must wait for work from solicitors and have nothing to do with litigation. (Cohen, 2000) In addition they gain more respect from judges and strengthen the client at negotiation in court. (Barcouncil, 2009). Ordinary members of the public, unless indicted for a serious criminal offence are unlikely ever to retain a barrister (Gillespie, 2007)
IV. Difference between Solicitors and Barristers and different Governing Bodies.
To maintain professionalism law is overseen by the government or the independent regulating body such as a Bar council or the Law Society.
Bar council is the governing body of Barristers, formed in 1894 to deal with matters of professional etiquette (Barcouncil, 2009). Established in 1987.
Law society is the professional governing body of solicitors, controlled by a council of elected members and an annually elected president, powers derived from Solicitors Act 1974. It was founded on 2June 1825, but first formal title was ‘The Society of attorneys, Solicitors, Proctors and others not being barristers practicing in the Court of Law and Equity in UK and the name was changed in 1903. (TheLawSociety, 2009) Barristers and Solicitors differ in training, wages and individual
Did you know that at present, there is only one lawyer for every 247 Americans in the Unites States? A lawyer is “a person trained in the legal profession who acts for and advises clients or pleads in court” (Webster’s Dictionary and Thesaurus). According to about careers, there are many different types of lawyers, among the top five highest paying legal professionals around the globe are trial lawyers. The first lawyers, also known as the “Gilded Lawyers” arranged the United Auto Workers (UAW) and the Congress of Industrial Organizations (CIO) in the early 1930s (“National Lawyers Guild). The actions the Gilded Lawyers made gave them useful experience for defending the rights given to us by the First Amendment and suffused the work of the business in later years. Today, trial lawyers must meet specific job requirements and qualifications such as working under stressful conditions for long periods of time, making a profitable salary, and keeping up with the ever changing future needs for the career.
As Privy Council held in the case of "Wagon Mound (No 1)" that a party can only be held liable for damage that was reasonably foreseeable, the defendant should not be responsible for losses that are ‘too remote’ from the breach. It is obviously that the university could foresee that Brad have to quit his job to finish the degree and also need to pay for the fees.
by the Law Commission Act It is a full time body that consists of a
Solicitors and barristers are both known as lawyers this term “lawyer” is used to describe anyone who is a qualified legal practitioner. One of the main differences is the job role a solicitor is a legal expert who provides expert legal advice and they come into more contact with their clients who could be people, groups or businesses. Whereas a Barrister represents the individual people and the organisation within the courts, they can also be distinguished from a solicitor because they wear a wig and a gown in the court. One thing they both have in common is that they both can give legal advice to their clients. On a day to day basis a solicitor will deal with the majority of the paperwork for example, writing documents, contracts and letter this is all related to their clients .and take specific instructions from their clients, depending on where they are specialist in they will be able to give useful advice on the legal action. Whilst a barrister would mainly focus on advocacy which is to represent their clients in court, they are normally hired by a solicitors and take instructions from there. There main role is to represent their client cases in a persuasive representation in order to get the best outcome for their client. The Legal services act 1990
The American Bar Association is a voluntary association of lawyers and law students, which is not specific to any jurisdiction in the U.S. The association has the important role of setting standards for law schools and formulating ethical codes related to the legal profession. The American Bar Association, though it may not target the issue of human rights directly, still affects the cause a great deal.
Justice. It is something that everyone wants, something that we strive for, even something that sparks. However, when we think of lawyers, we think of superheroes with an expensive education, walking into the courtroom and serving up justice. What no one thinks of is the person that helped the lawyer get there, the paralegal that prepares the necessary documents, the paralegal that makes sure his or her attorney is at the right place at the right time. A paralegal is crucial and in some cases vital to our justice system yet they are so often over looked.
Acting as a legal practitioner is considered a “great privilege” and “offers the opportunity to serve the community in a profoundly important way.” Lawyer’s roles as officers of the Court and administrators of justice give them a monopoly on the delivery of counselling and representation services. In order to “maintain their capacity to serve the community” , legal practitioners must accept that they are
Today, many people approach the courts for resolving different types of problems legally to live a problem less life. As a result, they seek support from a lawyer for settling the disputes at the earliest. Lawyers offer a wide range of services to their clients for establishing more power in the courts to get peace of mind.
This paper aims to explore the Legal Services Act 2007 and the impact the Act has had on the role of a Costs Lawyer since implementation.
The legal profession has been around for a long time, as it is one of the oldest information professions . The service it provides is essential, as it
The main argument introduced in the debate considers whether a practicing solicitor can adhere to the traditional values of moral and ethical integrity that have been reinforced through a set of principles such as the Solicitors Regulation Authority Code of Conduct (SRA). The latter consists of ten mandatory principles that are the professional requirements expected of any solicitor. Traditionally, ethical and moral truthfulness have formed the basis of a competent lawyer and thus when adhering to the traditional principles placed upon lawyers, a lawyer was thought to abide to moral standards. I will aim to tackle the debate by arguing that the SRA provides a framework that allows lawyers to be good people. Secondly, I will also be discussing a lawyer’s moral responsibility. and that whilst ‘The lawyer is conventionally seen as a professional devoted to his client’s interest and…required, to do some things for that client which he would not do for himself’ his moral responsibility must not violate the SRA Code of conduct. Finally, it is imperative to explore the ethical dilemmas solicitors face when attempting to make their clients’ interests their own.
that many may not be able to pay with cash and may have to take up a
The career I have chosen is to become a lawyer, in either a private practice or firm, or for the government. The definition of a lawyer is an advocate or advisor in society, that is as an advocate, to represent one of the opposing parties in a criminal or civil trial, and as an advisor to counsel clients as to their legal rights and suggest courses of action. But that is not all a lawyer is about. Being a lawyer takes hard work, dedication, and many years in school.
Apart from the academic requirements of my chosen career, there are also several key skills that I need to have in order to be a successful barrister in the future. As the first and foremost duty of a barrister is to
Critically assess the different sources and characteristics of the English Legal System. To what extents have external influences affected its development.