This report analyzes the legal profession in UK in relation to business law and ethics. It discusses the roles of solicitors and barristers, the comparison with other countries, and the issue of expensive legal fees.
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BUSINESS LAW AND ETHICS
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Table of Contents INTRODUCTION...........................................................................................................................3 MAIN BODY...................................................................................................................................3 Legal profession in UK...............................................................................................................3 CONCLUSION................................................................................................................................6 REFERENCES................................................................................................................................7
INTRODUCTION Business law is referred to as the rules and regulations which the company and other organizations has to follow in order to manage the working of the business (Fort and Haugh, 2020). On the contrary the ethics are the moral values which the company has to include within the working so that the working of company in correctly done on basis of the ethical values. Thus, the present report will analyse the legal profession in UK in relation with the ethical perspective and different cases and argument related to the business law and ethics. MAIN BODY Legal profession in UK Meaning The legal profession is the field which works for the providing justice to the people who are suffering from many different types of problems and other legal issues. It is very essential for the countries to have a strong and fair and ethical legal system within the country. This is due to the fact that if the legal system will not be good then the people living within the country will not get proper justice and they will not like this. This profession is very essential as this works for the betterment and solving of the legal issues of the sufferer. For this there are different system and different types of courts being set up by the governing and regulating body. All these people and courts are directed towards providing of justice to sufferer in ethical and morally correct manner. Difference between two types of lawyers The major type of legal profession being followed in UK is the Solicitor and the Barrister. These are very essential for the legal system of UK as they work in the direction of providing justice to the people who suffer from any of the legal issue. Both the solicitor and barrister are necessary to work in proper and ethical manner as if the legal system is not good and they both not perform their activities in good and effective manner (Cowton, 2017). There are many difference between the working criteria of both of these legal professional which is as follows- SolicitorsBarristers These are the qualified practitioner which are responsible for the preparation of the legal On the other side the barrister is the one who are qualified legal professional who offer for
documentation for the court case.legal advice and advocates in the the court. In against of this for becoming a solicitor the vocational training of 1-2 year under the course of Legal Practice Course is required. For becoming the barrister need to complete thecourseofBarProfessionalTraining Courses (BPTC). These are the junior level lawyers and the people having issues can contact the solicitors directly without any permission. On the flip side for the small and straight forward cases the public cannot directly go to the barrister. Comparison with other countries The legal profession is referred to as the person building up their career in the field of law in form of becoming a lawyer (Wood and et.al, 2019). In UK the legal profession is divided in two different part that is Solicitors and Barrister. But in the remaining other countries there is only one system of legal profession. But in the other countries the legal profession includes only one type that is only the lawyer. In case of UK the Solicitors are the junior lawyers which are very versatile and they have to pass a four to five- year training to become the solicitors. On the other side the Barristers are the senior lawyers who are mainly involved in working with the high courts. Also, they are hired for giving speeches, legal advice to the companies and many other different things. The use of two legal professions in UK is helpful as the country is very big and it is not easy for the country to manage the large number of cases in short period of time. Thus, the concept of two lawyers is used as the small cases are handled by the Solicitors and for the big and tough cases the Barristers are approached. But in against of this in New Zealand there is only a single system of legal profession that is lawyer. This is majorly because of the reason that this is smaller country as compared to UK. Also, in addition to this the country has less number of cases in comparison to UK and because of this reason that country has a single legal system. Also, this is because of the reason that in the case of less cases the single lawyer can only handle the case and there is no requirement of the two or more cases. Thus, this will be much easier for the people in getting justice in smaller time as this will assist the lawyers in managing the cases and solving them in less time. This is majorly because of the reason that when the cases are less than the lawyers also get time in managing and solving the case in proper and successful manner. But in case of UK the
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population is large and also the number of cases are also high and because of this the legal system of solicitor and barrister is being used. Customer getting real access to justice or are reaped off by unwarranted expensive legal fees The legal fee is the amount of money which the person pays to the lawyer for fighting for the case of the person (Arsalidou, 2018). This is the legal fee which is charged by the lawyer for assisting the person or the sufferer in getting justice. Many a times the lawyers charge high fee and then they do not provide for the services in accordance with the charged fee which is not at all ethical on part of the lawyer. This situation will be ethical if the lawyer works hard for the person and provide them with the required justice. But in case if the lawyer just takes the fee and not work in the direction of getting justice for the case then this is not at all ethical. Hence, for this it is essential for the lawyer to not charge high fee and even if they are charging then provide the matching services to the sufferer. It is the moral and ethical duty of the lawyer and the people involved in the related services to make sure that the consumer or people suffering gets the justice. This is because of the reason that if the sufferer will not get justice then this is not at all good for the person. But the lawyer will be happy as they will get their fees in full without the fulfilment of the contract with the client. Thus, this is wrong on the terms of moral and ethical values. In case of UK as there are two different types of legal profession being followed the person has the choice of going to the other in case one in not working efficiently. For instance, if the solicitor is not working as per the requirement then the person can go to the barrister as well. Thus, this will make sure that if one legal professional is not working as per the standard then the person is having an alternative. But in case of other countries like in New Zealand and others where there is compliance with only single legal profession then in that case the lawyers can have unwarranted expensive legal fees. This is basically due to the reason that here they know that there is only one system of providing law is there then the lawyers can have a monopoly and it is possible that they might charge high unwarranted fee and the sufferer in order to get justice has to give the lawyer the fees which they demand whether be it high or low. This is not at all ethical working as the lawyer is mistreating the person who has come to the lawyer for getting justice (Carey, 2018). Also, the lawyer by charging high fee will not take proper care of the case and will not work in in direction then the person will not trust the legal system of the country.
CONCLUSION From the above discussion it is summarised that it is very essential for the business to comply with all the laws and regulations which are made for ensuring proper working of company. Also, it was seen that the ethics are also necessary to be followed by the companies in order to manage the work in more proper and effective manner. The report also listed out the fact that in UK there are two legal professions which are being followed that is Solicitor and Barrister. The major difference between both of them is that the solicitor is the junior lawyer and the Barrister is the senior lawyer. Also, it was seen that in other countries the single legal profession is only followed and in some of the countries also unwarranted expensive legal fee is charged from sufferer.
REFERENCES Books and Journals Arsalidou, D., 2018. Educating Bankers on Law, Ethics and Social Values: A Perspective from the US, the UK and Europe.European Company and Financial Law Review.14(4). pp.569-608. Carey, M., 2018. Comments on “Ethics Versus Ethos in US and UK Megabanking” by Edward J. Kane.Journal of Financial Services Research,53(2-3), pp.227-231. Cowton, C., 2017. Business ethics in the UK. InEncyclopedia of Business and Professional Ethics. Springer Verlag. Fort, T.L. and Haugh, T., 2020. Cultural Foundations of Peace: How Business, Law, Ethics, and Music Can Provide Infrastructure for Social Harmony.Berkeley Bus. LJ.17. p.194. Wood, G., and et.al, 2019. Codes of ethics content: UK and Australian corporations.European Business Review.