Barrister And Solicitors: A Case Study

The idea behind fusion or is developed on the idea of the merging or collaboration of a key element. In relevance to this essay, this would be the merging of solicitors and barristers to be a part of one profession. There is a lot of debate on whether or not the jobs that are completed by the two professions are actually different. Solicitors are generally the people who provide clients with information and support regarding their case. This can be provided to a wide variety of people, whether they are individuals, groups, private companies or public sector organisations. Barristers are people who generally specialise in a certain area of law and can provide specialist legal advice to clients and can be the form of representation for that

specific client if required, through courts and employment tribunals. These can be representations for individual people or organisations.

Within the United Kingdom, there are an average of 120,000 practicing solicitors. This number has grown immensely since the 1970’s. The type of work that is generally done by solicitors, consists of a large amount of paperwork and verbal communication with their client. This can include them researching the legal aspects regarding the specific case, writing letters, producing documents and making sure all relevant preparations concerning the court case are dealt with and are up to an acceptable standard. Solicitors do not usually represent their clients during a dispute, except in a few rare cases if need be, but are deemed more as a form of legal advice that can be provided to the client, as they can give an in depth explanation concerning the case and even legal matters. Negotiating with other parties, coming up with substantial evidence, building a case and ensuring the accuracy of the legal advice is adequate.

All these factors are what the main role of a solicitor consists of.

In some aspects, they can be seen as fairly similar to barristers, but there are a few more factors that elaborate on their differences. For example, the training they receive; Solicitors will usually have a degree in law or even a degree that has no relevance to law. If the degree is not relevant to law, the individual will have to undergo a conversion program to ensure they have the correct knowledge before completing the following stage. The stage that follows next is the legal practice course. This is then topped up with a compulsory training contract that usually has a duration of two years. This can depend on the qualifications that the individual has received previously, could lead to the contract lasting anything up to 5 years. After all this necessary training is complete, they are qualified as a solicitor. Solicitors are known to usually form partnerships with other solicitors. They can do this to get some guidance regarding a specific case or just to get their opinion on a matter. Solicitors work in close proximity with the client to ensure all appropriate measures have been taken concerning their issue. They usually do not specialise in a certain area of law, but have a more general overview. They can provide information regarding a certain area of law to a certain level, but their knowledge only goes so far. If further guidance is required they may seek the services of a barrister who

specialises in that field.

There are fewer barristers within the UK, with the average number being around 15,000.

They are usually independent with the work they complete, which is also known as independent practice, which is can formally be deemed as part of the bar. The main role of a barrister is to represent clientele in a court or tribunal. The majority of their time is spent in a court environment and generally argue the case through written legal advice that has been provided to them. They are usually hired by solicitors to be able to construct significance evidence based on the legal material provided, that will be an adequate representation of the client in the court room. They will use the information they have and convert them into legal arguments and persuasive and accurate representations in order to ensure the success of the case for the client at hand. Barristers, unlike solicitors usually specialise in a specific area of law; whether this is criminal law, common law, personal injury law and so forth. They have a more defined understanding on this particular area of law, which is of an advantage for the client. They are abler to give an accurate overview on the intricate details that are a part of the law and the right ways as to how the case should be tackled. They are the form of representation for the client in a courtroom. They may also have the solicitor there, but it is the barrister who presents the case in front of the judge. They can also provide the client with a written

opinion, that can elaborate on the likeliness of the succession of the case. The majority of barristers within the UK are self-employed, with only 20% working for organisations or the government. Unlike solicitors, who are able to pick whether or not they are willing to take on a case, the same approach is not sought out for barristers. It is known as the Cab Rank Rule. This rule prohibits barristers from declining the representation of a case because they are biased in some form, having looked at the case details. A barrister will more likely not have much independent involvement with the client, they will gather their information through what has been provided to them by the solicitor.