The Change in Work of Solicitors and Barristers

The Change in Work of Solicitors and Barristers

Many changes have taken place in the work of solicitors and barristers

in recent years and there is still pressure for many other areas to

change. These recent changes have led to much discussion about whether

the professions of solicitors and barristers will eventually become

one.

Solicitors used to have the monopoly on conveyancing, but in the

1980’s the conveyancing monopoly was lost when an Act of parliament

was passed allowing ‘licensed conveyancers’ to conduct conveyancing as

well. The loss of conveyancing did not have the huge impact that

solicitors expected, yet there may be further changes ahead. The OFT’s

report asked whether banks and building societies should be able to

provide conveyancing and probate services to their clients. Small

firms of solicitors worried if they lost too large a portion of their

conveyancing and probate work that they would go under; it is small

firms that often acts for the most vulnerable in society and provide

access to justice in unfashionable parts of town or areas of law. The

OFT’s report also raised the issue of whether the right to conduct

litigation should still operate through a solicitor. In it’s follow up

review the OFT was disappointed that no further steps had been taken

to allow barristers to conduct litigation, and is currently pressing

for a change.

Before Calsa 1990, solicitors only had rights of audience in the

Magistrates and county courts and barristers had a monopoly on rights

of audience in the higher courts. For practically all other hearings

in higher courts they had to instruct a barrister to do the advocacy.

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dealt with justly.

It seems that solicitors and barristers currently have the power to

narrow the differences between the professions further with the new

rules and Acts, solicitors in particular. Yet solicitor do not seem

keen on doing advocacy work and barristers are not welcoming them into

it, and if this is the way that those who practice the law at current

times want it then it should be left alone. As times change, those

coming into the legal profession may take advantage of the

opportunities to practice law from both angles granted to them by the

higher powers and it will gradually becomes acceptable and the legal

professions will fuse in a natural way. But it would not be fair if

the current practising solicitors and barristers are forced into

altering their profession because the legal system says so.