CHAPTER 11 LEGAL PROFESSIONAL

11.1 Barristers
There are about 16500 barristers in the UK, Wales which includes 3000 barristers to be employed by
organization such as crown prosecution service, independent business, local government and civil
service.

The practicing barristers are referred as ‘the bar’ and they are controlled by their own professional
body – the general counsel of the bar. All practicing barristers must also be a member of one of the
four inns of court: Lincoln inns, middle temple inns, inner temple, grays inn.

11.1.1 Qualification and training

A high standard of professional behaviors is required of barristers to justify the trust placed in them
by the public and other professionals. As a result, the training is rigorous.

The entry in the bar is normally degree based with at least 2:1degree:

 Graduate with a law degree can progress to bar training

 Graduate with nonlaw degree will have to complete a one-year graduate diploma in law to
achieve a certain amount of legal knowledge before passing to bar training.

Form 2020 their qualification for a barrister is required:

 Complete a short bar course aptitude test.

 Join one of the inns courts.
 Complete bar professional training course with is one-year full time course or two-year part-
time course.
 Complete 12 sessions of training provided by one of the inns of court.
 Be called to the bar by an inn of court.
 Complete a 12-month pupillage.

During the pupillage months the barristers practicing will be supervised by the experienced barrister.
The first six months will be non-practicing period and the second sis month will be prating month
where the student barristers will be presenting cases.

11.1.2 Role of barristers

Barristers working at the bar are self-employed and usually work from a set of chambers where they
can share administrative expenses with other barristers. The small barristers’ chambers are around
10-20 barristers and the large size one includes 50 barristers. The chamber hires a clerk which books
in cases and negotiate fees. Being a member of a barristers allows them to obtain a good amount of
work

A barrister owes a duty of confidentiality to a client but also to the court. This means that the
barrister does not mislead or waste time of the court and judges and make sure all the relevant
information it needs. A barrister’s duty to the court is an important one which override other duties
such as duty to act in the best interest of each client. This means when a client’s plead guilty the
barrister does not have to continue representing them as not guilty.
Advocacy in criminal cases
Barristers generally specialize in either prosecution or defense work. For the prosecution a barrister
will be instructed through the crown prosecution service. When the cases will come to court the
barrister will outline the case to the court lead prosecution witnesses, cross examine of the defense
witness and closing speech of to highlight the strength of the prosecution case and weakness of the
defense.

When acting for defendant the barrister will be instructed by a solicitor who has seen the defendant
from the outsets. It is ultimately it is for the defendant to decide whether to plead guilty or not. The
barrister will cross examine the prosecutions witnesses and of the case is weak there will be put no
case to answer. The barrister will also examine its witness and if the defendant is proven guilty the
barrister will plea for mitigation before the sentencing. After the conviction or sentencing the
barrister can advise on the possibility to appeal against conviction and sentencing.

Advocacy in civil cases

In the civil cases the barrister can be instructed by the solicitor or (except for family cases) directly
by a client. Much of the evidences and the legal argument would be presented in writing before any
hearing. They are usually drafted by barristers. In court the advocacy will focus on the important
evidences and the legal issue. when the liability would be given by the judge the barrister can argue
for an award, the amount of damage and the award of the cost. The barrister can then advise on the
possibility of an appeal again the liability or the amount of damages if important they can even draft
an appeal.

Direct access
At first it was that if anyone wanted a barrister to be instructed, they would have to go toa solicitor
first and the solicitor would brief the barrister. It was expensive as the paying was of two lawyers.
But there was criticism on this the Bar introduces a direct bar under professions such as accountants
and surveyors could brief the barrister directly without the help of solicitor. This made a solicitor to
not be an instructor for the barrister on most civil cases however, direct access cannot be carried out
in the criminal and daily cases and to carry out this the barrister should have a complete additional
training.

limited advocacy work

some of the barrister specialize in areas such as tax or company law and rarely appear in the court.

Cab-rank rule
Barrister operate which is known as cab bank rule which means that they cannot turn down a case if
it is in area they deal with and they are free to take a case. But direct access does not apply on can-
bank rule. Barristers can turn down cases where they think would need investigation of support
service that they cannot provide.

Employed barrister
Barrister can be employed by the government organization, civil service, local government, pr
businesses. Crown prosecutions service employees a large number of barristers for prosecutor of
criminal cases and they have the same right of audience as self-employed barristers.
11.1.3 Regulation
The general council bars
This bar promotes the bar high quality specialist advocacy and advisory services. It fulfills the
function of a trade union, representing the interest of the bar. The council bar also promotes fair
justice for all, the high standard of ethics, equality and diversity across the profession and the
development of business opportunities for barristers at home and abroad.

Bar Standard board

This body regulates the barrister’s professions. It sets training and entry standard and also set out a
code of conduct that barristers should comply with. The board investigates any alleged breach of
code of conduct by any barrister and makes them discipline of the conduct. It is arranged by the
independent bar tribunal and adjudication service; they also have other sanction they can impose
including:

 Formally warning about their behavior

 Make the barrister complete further professional development training
 Ordering the barristers to pay a fine
 Suspecting the barristers for three years
 In extreme cases, striking off the barrister

If the complainant is not satisfied with the decision of the bar standard board the compliant would
be taken to the legal ombudsman.

Liability
A barrister does not enter into a contract with a client so a dissatisfied client cannot sue for breach
of contract.

11.1.4 Queens council

After at least 10 years of practice as a barrister or solicitor with an advocacy qualification can
possibly apply for queens’ council. About 10% of the barristers practicing at the bar are queen
councils. Becoming queen council means ‘talking silk’.

11.2 Solicitor
There are about 147000 solicitors practicing in England and Wales and they are controlled by their
own professional body law society. About 75% are in the private practice and the reset are
employed workers such as local government, the civil service, CPS or private business.

11.2.1 Qualification and training

Current qualification and training

The solicitors’ professions have in the past been mainly degree-entry. Gradate with non-law degree
have to study the same graduate diploma in law as barristers. The next stage is the legal practice
course which includes training in skills such as clients interviewing, negotiation, advocacy, drafting
documents and legal research. The LPC can be done as one-year full-time course or two-year part-
time course. There is a training contract that every student must complete in two years which is the
practical training period. This period will be paid and will do their own work under supervision. There
is a compulsory element of 48 hours of tuition with assessments and an elective element that
involves a further 24 hours of tuition. At the end of the training contract the trainee will be admitted
as a solicitor in the law society and their name would be in the list of solicitors.

Further qualification and training

The new route to solicitor qualification is introduced in September 2021. The trainee will have to
pass two stages of the solicitor qualifying work experience and complete a period of qualifying work
experience. The SQE will assess all the core knowledge and the skill of a solicitor focusing on the
areas of law which a solicitor qualification license people to practice.

11.2.2 Role of solicitors

The majority of the solicitors work in private firms of solicitors however there are other works
available like working in CPS or local authority. A solicitor working in a private practice will generally
work in a partnership ranging from high-street to big city firms. The high street firm will probably be
a general practice, advising individual on topics like:

 Conveyancing
 The making of wills
 Consumers problems
 Business matter
 Personal injury
 Family matters

This work is likely to involve interviewing clients, negotiating on their behalf, writing letter and
emails, drafting contracts, leases and other documents.

In civil cases, the solicitor is the first source of legal advice. The solicitor will collect evidence both
documentary and oral and if the case is straightforward, they will prepare and issue court papers.
The solicitor carries out advocacy in county courts. If the case is complex the solicitor can take advice
from the barrister, draft court papers and carry out the advocacy.

In criminal cases, may initially take a client in the police station. Advice will be given to the suspect
and the solicitor can also sit in interviews. If the case is summary and triable either-way the case is
heard in the magistrate court but if the case is indicatable it is heard in crown court and ask the
barrister for advice and help in advocacy.

Specializing
Although many solicitors can do variety of work they may specialize in a certain field. The form itself
could only specialize in a particular field like family matters. In marge form there may be different
department which may deal with different field or a limited number of clients.

Advocacy
All solicitor has a right in the lower court- magistrate and county court. In level 1, the solicitor has
the right for advice in magistrate court and a limited in crown court. In level 2, the solicitor will have
the right to make assessments in front of the court.
11.2.3 Regulation
As a solicitor deals with clients directly there are contract signed and if the client doesn’t pay the
solicitor can sue them for not paying. It also means that the client can also sue solicitor for breaching
the contract if the solicitor fails to do the agreed work.

Case

Hall v Simons

Three forms of solicitor were sued by the clients for negligent in advocacy but the lower court stated
that the lawyer is not liable for negligent advocacy by the reference of Rondel v Worsley. According
to the practice statement of 1966 the reversing was done of Rondel v Worsley and the advocacy was
not given protection.

In addition, the solicitor will be responsible for the negligent toward the people effected as well
according to the case white v jones.

Case

White v Jones

A will was made by a father for money to be given to his daughters after his death of £9000. Was
sent to the solicitor on 17 July 1986 but the solicitor was reluctant and the will was not made. On 14
September 1986 the father died and as a result of no will the daughters could not get the
inheritance money. They sued the solicitor for £9000 they had lost.

Law society
The law society is the government body of the solicitors and has supported in the interest of
solicitors for about 200 years. All practicing solicitors should be a member of law society. The law
society makes sure that the professionals voice is heard with the right people- government, industry
and internationally.

Solicitor regulatory authority

This body deals with complaints about professional misconduct of solicitor. If the triable uphold the
complaints there is either fine or give an earful to the solicitor or in more serious cases suspend the
solicitor. In more serious cases the solicitor can be strike off that may cause them to not practice
advocacy again.

11.3 Legal executive

There are over 20000 legal executives who work in the solicitors’ firms, local authority, the CPS and
company legal departments. The are qualified legal executives who have passes the institute of legal
executive professional qualification in law.

11.3.1 Qualification and training

To be a legal executive its necessary to pass the professional diploma in law and professional higher
diploma in law. When all the qualification has been achieved the person becomes a fellow of the
chartered institute of legal executive. The fellow can progress to become a solicitor but to do so they
have to pass the law society legal practice course but they may be given exemption from the 2 years
training course.
11.3.2 Role of legal executives
The legal executives specialize in a particular area of law and their work is similar to the solicitor
although they tend to be more straightforward with their matters. For example:

 Handle parts of a property transfer

 Assist in the formation of a company
 Draft wills
 Advise people with matrimonial problems
 Advise clients accused of a crime
 Advise a client detained in a police station
 Interview witnesses

They also have some right of audience in court and can complete an advocacy course and obtain
wider rights of audiences.

In the litigation cases there are three different practices:

 Civil proceeding certificate

 Criminal proceeding certificate
 Family proceeding certificate

The legal executives work for a firm of solicitors in private practice and they are paid hourly rate
directly to clients in same way as solicitors work is charged but at a lower rate.

11.3.3 Regulation
Chartered institute of legal executives (CILEx)
All legal executives (LEx) are members of the CILEx. This organization provides the following:

 Education, training and development of skills for LEx

 Protects the interest and status of LEx
 Promotes and secures professional standard of conduct among members and those who ae
registered with the institute.

CILEx introduces the code of conduct and guides to good practice but regulation of its members is
performed by the CILEx regulation board and its independent and they investigate the complaints of
LEx.

If there would be misconduct there will be fine or reprimand or warning given but of the matter is
serious the tribunal will:

 Exclude the person

 Warn the member
 Make them pay a fine or cost.
 Barrister Solicitor Legal executive
Qualification  Degree entry followed  Degree entry: graduate  professional
and training by bar course aptitude diploma in law for nonlaw diploma in law
test degree entrant and
 Join an inns of court  Legal practice course professional
 Bar professional training  Two-year training higher diploma
course contract in law
 Complete 12 training  professional skills course  work for at least
sessions  admitted to role of five years
 Call to the bar solicitors
 12-month ppupillage  solicitor qualification
examination

Role  Self-employed based in  Private practice in  Work for

chambers partnership solicitor or
 Briefed by solicitor but  deals directly with clients other legal
can carry out direct  can brief barristers if the organization
access work in civil cases case is complex  carry out similar
 Mostly advocacy work  carry out wide variety of work to
but can write opinions work but likely to solicitors but in
ad draft document specialize in one area. less complex
matter
Regulation  bar council  law society  CILEX regulation
 bar standard board  solicitor regulatory board
authority

11.4 Legal Ombudsman

The legal ombudsman was set up mu the office of legal complaints to deal with the complaints
against legal professions. It also deals with actions taken by the bar standard, the solicitors
regulatory or CILEx. It can order the legal profession to:

 Apologies to the client

 Give back any documents the client would need
 Put things right if kore work can correct what went wrong
 Refund or reduce any legal fee
 Pay compensation up to £30,000

The profession  Separates profession of barrister, solicitors and LEx

 Individual qualification for entry and training
 Barrister work with solicitors
 LEx work with and for solicitors
 Each profession has separate regulatory and disciplinary bodies
Compositions of  Traditionally the barristers and solicitor are male dominant
professions  More women than man is entering the legal profession
 More ethnic minority groups are entering the legal profession
liability  Barrister and solicitors are liable for negligence in advocacy
 All professions liable for negligence to clients
 solicitor and LEx enter into a contract with clients but not barrister with clients.