The Analysis of Solicitors and Barristers

The Analysis of Solicitors and Barristers

1) Describe the main differences between solicitors and barristers

with regard to work and training.

2) Discuss the advantages and disadvantages of having a single legal

profession.

1)

Background

The legal profession is largely middle class, partly due to the lack

of funding for professional courses.

In 1999, ethnic minorities formed 8.5% of the Bar and 5% of

solicitors. In 1998 ethnic minorities formed 16% of trainee solicitors

and pupil barristers. Ethnic minority candidates find it more

difficult to obtain training contracts, pupilage and tenancies: 7%

succeeded compared to 45% of white students in 1993. Five QCs out of

69 in April 1999 were from an ethnic minority

Women make up 25% of practicing barristers and 33.9% of practicing

solicitors (as at July 1998). Women earn less than men and men reach

higher positions (LCD Report, Without Prejudice, 1994; and a Law

Society survey, September 1999). Women make up 7% of QCs (as at

October 1998); only nine out of the 69 new QCs in April 1999 were

women. The Law Society and Bar Council have issued policies to prevent

sex discrimination.

Solicitors

When people need legal advice, they contact a solicitor. Solicitors

offer skilled advice on all kinds of legal matters, from buying a

house to selling a business. Solicitors can decide whether or not to

take a case. Most solicitors provide general advice and do ‘paper

work’, e.g. writing letters, drafting contracts and tenancies,

conveyancing, wills, divorce petitions.

Solicitors also represent their clients in court, mostly the lower

courts; but some have advocac...

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prepare the case and follow it through to the end. Good work has

often been done by solicitors, only to see the case badly argued by a

barrister in court. This is because he is too remote from the issues

and often does not come into the case until the last moment. NOTE:

It is also argued that solicitors are too close to the issues to argue

the case well.

Some people say that the double manning of cases is also responsible

for some inefficiency. It encourages the ‘shrugging off’ of

responsibility. Responsibility can be pushed from one to the other

and standards will fall.

OTHER COUNTRIES

In many other countries the profession is united and the system works

well.

Some protagonists argue that if the barristers are absorbed into firms

of solicitors then experts would still be available to all.