The English Legal system as it is today has been formed over many years. As far back as Pre-Roman conquest. (1) This was Back when Britain was nothing but small tribes and most trials were based off of religious backgrounds, meaning that it was not anyone but God who was able to declare a winner and loser. The way of finding the winner and the loser of the dispute was more times than not left up to combat trials. These combat trial consisted of the two parties fighting until one party either died or surrendered. The way judgements would follow was if the accuser won, then the accused was found guilty and was thought that it was God’s way of showing who was actually in the right and vice versa. Druids; the local rulers also sometimes referred to as “holy men” would then pass on the laws and the combat trial “verdict” by mouth to all the tribes so all citizens would know. This ancient type of legal system was much more cultural and religious based than any other basis.
Fast forward slightly in history to around 600AD; (1) out of the Pre-Roman Conquest and into the Roman conquest has taking place. This is very important time period for England’s soon to be legal system because, the Romans are the ones accredited with really forming the basis of real legal system. The Romans are considered to be England’s founding fathers of the law, in fact England still uses and enacts some of the rules and expressions today. One of the enactments being the English Senate. Back in 600AD, the Romans formed the Senate to act as a place to create laws that would affect the entire area. Here the local governors enforced the laws so that one would not have to pass laws by the word of mouth anymore but rely on a more efficient way of passing news and laws. The senate also had a hand in doing away with spiritual combat trials since local governors were now in place to deem one in violation or not in violation of the law.
In 1066, (1) a very crude and unpolished version of “circuit judges” were formed. In this time in history the treasury and the King were in London but, the King’s sheriffs would travel to each county owned by the King to carry out the orders given. While in each small town people of the area would approach the sheriffs with predicaments and crisis’s they needed solved. The sheriffs were approached to solve these matters because, they were viewed as an extension of the King. The sheriffs would weigh their opinion on a given matter and the given judgement would then also be viewed as if it came from the King himself because, his sheriffs’ were also viewed as an extension of the King. eventually the sheriffs became known as judges for this.
In time these rounds made by the sheriffs from town to town became set out paths for each which soon to be judge would go around to. Hence, why some refer to the sheriffs as the first circuit judges. Since they would each go and “judge” in these designated paths through different county areas. Although much work still is to come for the English legal system. For instance, an accused could meet with a judge one day for a sentencing or trial and then have to wait months in between appearances to find out if he or she was guilty or innocent from the judge. This was due to the travel of the judges and lack of court dockets. However, moving forwards in history 1215, the King was forced into signing a document called the “Magna Carta” which relinquished power from the King and instead instilled power to the people. The two main points from this “Great Charter” was the right to due process and the King was now held accountable for his actions by his kingdom and could be triedfor any unlawful behavior.
In 1533, (1) the Legal system forms a bit more when, King Henry the Eighth wanted a divorce and the church would not recognize his severance of marriage. He then forms his own branch of the church and calls it the Church of England. His divorce is then granted and now Henry is no longer viewed as under The Pope. In 1651 the King is replaced by Parliament having everyone realize the crown is no longer ruling the country.
In both the late 17th and early 18th centuries (1) the legal profession as we know it today takes its shape. Those iconic white wigs worn atop the members of the court was formed and kept as a tradition even today when the rest of the world no longer wears powdered wigs. By the 18th century two legal aids came into view a Barrister and a Solicitor. A Barrister being the one that wears the iconic wig and handles in court pleadings. Where the Solicitor the less glamorous and viewed as lower class handles legal writings and paperwork a Solicitor must then find a Barrister and give him the case to take to court. Making the Barristers the dominant lawyer in the legal profession.
To be a legal practitioner in England, the individual must belong to one of the various classifications at law. Those classifications are solicitors, solicitor’s advocates, and barristers. Other supporting roles in the English legal profession consist of notaries, and parliament agents. However, I will be focusing the main topic of my paper on barristers. So what exactly is a barrister? A barrister is similar to the American lawyer with some differences. One of those differences is how barristers get their licensing to practice law. This is approached and carried out very differently than the United States certifies their legal professionals.
Traditionally in the U.S. a prospective lawyer will graduate from a four-year university and go to law school take the bar and begin his or her career. Barristers must graduate from a university with a degree in a legal realm for starters. If not a one-year legal training school is necessary before continuing to the next level of schooling. This extra training is referred to as the graduate diploma in law or GDL. After, the extra GDL legal education the prospective barrister must then further his or her legal education at one of the four Inns of Courts. This is a very important and difficult task, only the best of the prospects get accepted to stay and be educated at the Inns of Courts.
In fact, “the word barrister is the name of a rank which can only be conferred in England by one of the four inns of Court. Lincolns’ Inn, the Inner Temple, the Middle Temple, and Grays Inn.” (3 pg. 50) The prospective students stay at the Inns of Courts while waiting to be skilled enough to be called to the English bar at this time but have the potential to be called to the English bar if and when the education has been completed to the fullest and highest degree of accuracy at the Inns of Courts. By the end of the training stent, only the top few will have been successful enough to continuing their legal journey.
Once a student is past the Inns of Courts phase in their legal schooling he or she will be called to “practice under the bar.” (3, pg50) This is very similar in some fashions to the U.S. version of an internship or working under an attorney for the purpose of skill and knowledge gain. One gets an intimate hands on glimpse of what can be expected of them if they do in fact become a lawyer or in England a barrister. While practicing under the bar the student in the mentoring process commonly referred to as the pupilage stage (2) will learn how to fine tune necessary skills to be a successful barrister such as, intrapersonal skills like learning how to interact with potential clients, and also legal skills such as public speaking and trial prep. This stage lasts for around a year and is extremely competitive to attain. (2)
The young pupils will go from barrister’s chambers to chambers hoping to be the right fit numerous pupils will interview for the chance at the one sole position to fill. If one is not top of their class from a renowned schooling with grades of nothing but outstanding’s and top marks it is very likely the individual will not progress any further in trying to become a barrister. However, for those who do fit the ramifications of what it takes this is an exciting stage and well rewarding. (2)
After a year has passed and the pupilage stage is complete for the prospective barrister, depending on how he or she performed in their time at the barrister’s chamber they completed they may get invited back to complete the final stage before becoming a barrister, which is tenancy. Most barristers do not work in partnerships which is contrary to the United States legal world where you will have numerous partners all in one firm. During tenancy the barrister will invite the individual to work independently in their chambers for around 6 months till a year until her or she can reach out and start their own work