There are two type of legal profession in Great Britain: barristers and solicitors.

There are two type of legal profession in Great Britain: barristers and solicitors.

Barristers are court-room lawyers. The activity of barristers is regulated by the Bar.

All lawyers in G.B. must have a bachelor degree (3 years course). The next stage is joining of the Inns of Court and preparing the Bar Vocational Course. After successfully passing the Bar Vocational Course examination a person is called to the Bar. Then he/she spends a year as a pupil with a practicing barrister.

First six months pupil shadows his master, and second six months pupil have practice in court with his master. Pupil must learn the rules of conduct, learn to prepare and present а case competently, have advocacy training and over. After period of the pupilage he gets the Full Qualification Certificate and becomes junior barrister.

After 10-15 years of practice he may apply to become a senior barristers or Queen`s Counsel. The top barristers are judges of the Higher Courts.

Function of the barristers: to represent clients in the Higher Courts and to advise on difficult points of law.

During the trial barristers wear special dresses: wigs and robes.

Barristers act as sole traders with unlimited liability. They work at enterprises as in-house counsels; in governmental departments (f. ex. Crown Prosecution Service) and practice at the Bar as barristers.

Solicitors are the office lawyers. Solicitors are much more than barristers in G.B. The organ regulates and controls the solicitors’ activity is the Law Society. Solicitors can be in-house counsels.

There are 3 groups of function of solicitors:

1. Pretrial activities – prepare pleadings, collect evidence, examine witnesses, to hire barristers and deal with different court papers.
2. Trial activity – sit at County and magistrates courts considering the client’s case
3. Out the trial activity – work as an office lawyer, to give a legal advice and legal assistance; deal with contract, wills; help to buy and sale property; shape transaction; conduct proceedings before administrative and local governmental bodies.

To become a solicitor in G.B. person must have a legal degree (3 years course). He/she must study for Legal Practice Course. After that he pass examine for the Law Society and then joins the practicing solicitor and spends 2 years as an articled clerk.

Solicitors can work in partnerships, in the local government, the civil service of the Crown Prosecution Service. They have got rights of audience in the High Court and have monopoly on deals with property.

Differences between barristers and solicitors:

1. Barristers have rights of audience in the higher courts, but Solicitors have rights of audience in courts of first instance.

2. Barristers are experts in common law, system precedent.

3. Barristers are sole practitioners, but Solicitors work in partnerships.

4. Solicitors have a contract with the clients, but Barristers have not direct, contract with the client.

Дата добавления: 2015-11-04