Essay: Lawyers in England and Wales

In England and Wales, the lawyers are divided into two, solicitors and barristers. They need to gain a degree in law before starting their training. The training route as well as their role are different. The main difference between the two professions is the right of audience.
Traditionally barristers have the wider and exclusive right of audience in all courts in England and Wales while solicitors’ audience is generally restricted with only Magistrates Courts and County Courts. This main difference has been eroded by the Courts and Legal Services Act 1990 and Access to justice Act 1999, giving right of audience to solicitors in higher courts, bringing two professions one step closer to fusion.
Solicitors in England and Wales required to gain membership in Law Society of England and Wales. Also graduates must first take the Legal Practice Course, after completion of the course they are required to secure a two year training contract with a fully qualified solicitor in private practices or as an in-house trainee solicitor. (The Open University, Unit 11 5.1) Solicitors’ day to day work depends on where they choose to work. It can be; giving advice upon general public queries, drawing up contracts, conveyancing, family related cases, gathering evidence, representing defendants in criminal or civil cases before the Magistrate Courts or County Courts as well as cooperate employment and business matters. Providing facts and evidence of a case for barristers and advocate solicitors in order for them to represent clients before the court. (The Open University, Unit 11 2.1)
Solicitors generally deal with almost all legal matters apart from carrying out proceedings in senior courts, unless they are solicitor advocates. The solicitors gain advocacy by taking additional training which allows them to represent their clients before the court. Solicitor advocates used to have right of audience only to handle minor criminal cases which are heard in the Magistrates’ Court and the cases in relation with small civil claims that are tried in county courts. For example a solicitor can represent a client before the Magistrate’s Court for shoplifting offences without the need for appointing a barrister. If the offence was a robbery then solicitor’s duty is to gather the facts of the case and evidences then appoint a barrister, give details of the case (Brief). The limitation regards to right of audience for solicitors has changed with the Courts and Legal Services Act 1990 and Access to justice Act 1999, allowing solicitor advocates to have the same rights of audience as the barristers in senior courts. Acts also able solicitors without the advocacy training to defend their client in the High Court. This entitlement is restricted with only in chamber matters. The solicitors are represented and their work is regulated by Solicitors Regulation Authority in accordance with the Legal Services Act, 2007. The client can make a complaint to Legal Ombudsman if the solicitor acts in a negligent way. The client has the right to sue the solicitor in tort for the damages. (The Open University, Unit 11 10.1)
After completing the academic stage, barristers are required to join one of the four Inns of Court, either Gray’s Inn, Lincoln’s Inn, the Middle Temple or then the Inner Temple and take the Bar Vocational Course. This is known as being called to the “bar”; followed by a pupillage with a senior barrister in a barrister’s chambers for a year where they familiarize themselves with the court, judges and have an access to all the research material. (The Open University, Unit 11 5.2) Once a barrister is qualified, they become self-employed and join in with a group of barristers (chamber) where they become “tenants”, share the work load and working expenses. They are being appointed to the cases by the chamber clerk who also negotiates the fee with the solicitors on behalf of the barristers. The barristers cannot choose which cases they would like to take on. Cases are allocated by the clerk accordingly with the field that barristers’ are specialized in, “cab rank rule”. After being briefed by a solicitor they either, if required, give legal advice on strengths and weaknesses of the case, represent the client in alternative dispute resolution, ADR, or tribunals, or get ready for litigation before the court on behalf of a client. Due to their wide “right of audience”, barristers are able to litigate in all courts in England and Wales. (The Open University, Unit 11 2.2) Barrister’s work is regulated by Bar Standards Board. (The Open University, Unit 11 9.3) The immunity of the barristers from being sued for damages being abolished: Rondel v Worsley [1969] 1 AC 191 and Arthur JS Hall & Co v Simons [2000] 3 WLR 543. (The Open University, Unit 11 10.1) With the changes made by the Legal Services Act, 2007, provided they have completed the Public Access Training offered by Bar Council, barristers can be consulted by general public directly without consulting a solicitor first. This gives barristers the ability to negotiate their fees and choose the cases they would like to litigate before the judge. However, there are limitations on the case subjects, like matrimonial cases which need to be briefed by a solicitor.
Although the key difference “higher rights of audience” is being eroded by the recent acts, between the solicitors and barristers they continue to be practiced as two separate professions.