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Сareers in Law in England and Wales
In the English legal system a practicing lawyer must hold one of two professions. He must either be admitted to practice as a solicitor or as a barrister. The division of the legal profession into barristers on the one hand, and solicitors, on the other hand, has been traced back to about 1340.
The reason for the division is historical. The forerunners of today’s barristers and solicitors were a mixed bunch. As long as the 13th century there were also attorneys, pleaders, sergeants, and proctors. Modern solicitors and barristers function as two separate professions with different traditions, training and rules of conduct.
They are administered by separate governing bodies but with a common body of knowledge, the law. There are about 100,000 solicitors in the UK. They are all legally qualified. After graduating from a faculty of English Law a would-be lawyer is to join a practicing solicitor, while preparing for a Law Society examination. The Law Society is the independent professional body for solicitors.
Solicitors practice in private firms, as legal advisors in corporations, government departments, and advise agencies. They can do advocacy, but cannot appear in every court. There are only a few solicitors who are allowed to present cases in higher courts.
Traditionally, solicitors undertake work such as conveyancing and drawing up contracts and wills. They are general practitioners and there is no limit to the topics which may find their way to his office. Many representatives of this profession work in their litigation departments and spend much time preparing briefs for counsel.
A solicitor can provide a crucial support role to a barrister when in court, such as managing large volumes of documents in the case. He is even allowed to negotiate a settlement outside the courtroom while the trial continues inside.
There are just over 15,000 practicing barristers in England and Wales. In addition there are about 4,000 barristers employed as in-house lawyers. The Bar association is a professional body of barristers. Barristers mostly specialize in courtroom advocacy and litigation.
Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching the philosophy, hypothesis and history of law, and giving expert legal opinions.
The Bar’s right of audience in the higher courts remains unchallenged. The work divides equally between civil and criminal law. There are over 70 specialist areas, including major ones like chancery and the commercial bar.
Barristers operate as sole practitioners, and are prohibited from forming partnerships. However, barristers normally band together into "chambers" to share clerks (administrators) and operating expenses. The chambers are attached to Inns of Court. The Inns of Court in London are the professional associations for barristers in England and Wales.
All barristers must belong to one such association. Presently, there are four of them: the Honourable Society of Lincoln's Inn, the Honourable Society of the Inner Temple, the Honourable Society of the Middle Temple, the Honourable Society of Gray's Inn. They have supervisory and disciplinary functions over their members.
Judges in England and Wales have mostly been barristers of 10 years’ standing, then Queen’s Counsellors. Since barristers do not have long-term client relationships judicial appointees are more independent.
Barristers and solicitors are usually thought of and speak about themselves as the two branches of a single legal profession. But nowadays the traditional divisions between barristers and solicitors are breaking down.
