Business Law and Ethics

This study material explores the concepts of business law and ethics, focusing on the legal obligations of businesses and the ethical principles that guide their conduct. It discusses English legislation and the two types of lawyers - junior lawyers (solicitors) and senior lawyers (barristers). It also compares the systems of justice in the UK and France. The material provides a comprehensive understanding of the subject and is suitable for students studying business law and ethics.

Business Law and
Ethics

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
CONCLUSION................................................................................................................................3
REFERENCES................................................................................................................................4

INTRODUCTION
Business law is defined as set standards of behaviour that are expected of sole proprietorship
aims and organisation. It defines the manner in which organisation is required to behave along
with their legal obligations (Clarkson and Miller, 2020). Business law mainly applies upon
business entities like cooperation and partnership; it regulates operations and functioning of an
organisation by bounding it from certain policies. Along with this it directs transaction between
entities that include commercial leasing, business formation, acquisition and mergers, consumer
protection, contract and litigation (Kubasek, Dhooge and Barkacs, 2020). While if it is talked
about ethics it duly determine the ethical course that are required to be abide by an organisation
in order to conduct business operations with truthfulness and fair manner. Present report has
been conducted on English legislation along with two types of lawyers that are the junior lawyer
(Solicitors) and the senior lawyer (Barrister). In addition to this report include comparison of
system of UK and other country legal system.
MAIN BODY
English legislation
The United Kingdom is divided into three main jurisdictions
 England and Wales,
 Scotland
 Northern Ireland.
In this entire jurisdiction everyone has their own lawyers, laws, court, system and judges.
This has been evaluated that law is termed as a rule that duly direct individual behaviour in
civilized society (Goodman, 2020). Primary source of law include case law and legislative
election. In this case law include a decision that has been made by higher courts, all those who
are present in the form of courts of record that are required to be applied and followed by senior
courts. While in terms of legislation these are order in council acts of parliament statutory,
instrument, status etc (Bovis, 2020). While on the other hand secondary sources of law include
legal experts opinion, text book by legal writers and court decisions.
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Two types of lawyers
The junior lawyer (Solicitors):
If it is talked about solicitors they are those individual who acts as qualified legal
practitioner and is mainly having responsibility to prepare legal documentation during court
cases (Mundhe and Sanstha’s, 2020). This has been evaluated that they offer specialist advice on
non spontaneous as well as continuous work to their clients upon different type of law areas.
The senior lawyers (Barrister):
While on the other hand, barrister are qualified legal professional those who engage in the
service of providing specialist advice while defending, represented and advocating their client in
tribunal and court (Ocak, Köseoglu and Yildiz, 2020). It has been evaluated that most of the
barristers are holding specialisation in one law area however many barrister have more general
specialise hat usually covered different type of areas of law.
According to the evaluation it has been identified that both the junior lawyer (Solicitors) and
the senior lawyers (Barrister) perform their work as a distinct personality with different rights
(What’s the Difference between a Lawyer, a Solicitor and a Barrister? 2016). Along with this,
main difference between solicitor and barrister is mentioned below:
 Solicitors is having right of audience that further facilitate them to duly stand for their
client in court.
 While on the other hand barrister is those who undertake practice as advocates and
represent their client in court (Mundhe and Sanstha’s, 2020). In addition to this, barristers
are also having right to perform their work in higher level of court comparatively to
solicitor.
 If it is talked about solicitors work pattern, in this most of them get employed by
commercial organisation or law firm as in this they perform their roles as an employee in
which day regularly receive benefits, income, sick pay, holiday pack extra (Palliam,
2020). This defines that in this they have job security.
 In terms with barristers this has been identified that they are mainly affiliated with
chambers and perform their roles as a self employed individual, in this they can charge
higher fees to their clients and is having probability to become more senior (Crane,
Glozer and Spence, 2019).
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Thus, according to the evaluation it has been identified that in England and Wales
barristers are usually get hired by solicitors in order to represent case in tribunal and court, in
this barrister hold the most important role in which they are require to structure and translate
client views in the form of a legal argument within courts as to assure best and positive
results for client (Graw, Sangkuhl and Do, 2019). While on the other hand solicitor represent
their clients in court if it is necessary. In addition to this it has been evaluated that solicitors
in UK legislations are also having responsibility to deal with communication and paper work
related to client cases that involve contract trailed, writing document and letters in order to
fulfil legal advice accuracy and further procedure and paperwork for court.
Comparison of systems of justice in the UK and France
This has been identified that in United Kingdom system of justice is far different from
other countries such as France, as in UK there are two types of lawyers while on the other
countries there are only one. Mentioned below differentiation between United Kingdom legal
system with France is being defined:
If it is seen in system of justice in France it is mainly based upon system of civil law
while on the other hand United Kingdom it is mainly based upon system of common law (Chow
and Schoenbaum, 2020). In terms with civil law in this laws are mainly written down in a code
and in United Kingdom legal system laws are duly decided by legislature and some of the laws
are also based upon customs that has been already published and written down by judges or
courts. Justice system in United Kingdom is not having a single unified federal system this can
be identified with the fact that in England and Wales there is one system while Northern Ireland
is having another system and Scotland is having third system (Paik, Lee and Pak, 2019). Along
with this in United Kingdom there are mainly two judges those who undertake proceedings.
While in France justice system of country is based upon civil law in this common law system
casually evolved over ages and is mainly emphasize upon descendants and consensus (Atwell,
2019).
According to the evaluation it has been determined that legal profession in Wales and
England are being segregated into two that are barristers and solicitors, in this both of them are
equally qualified under different type of training system. It has been identified that solicitor
mainly engaged in the procession of dealing with non continuous work that are probate and as
well as conveyancing along with preparation of cases. While on the other hand if it is talked
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about barrister they primary act as advocates in tribunals and courts. If it is compared in United
States there is only one form of legal qualification in which all lawyers have opportunity to
undertake all type of legal work. This has been identifying that over many year solicitors gain
rights related to client in higher cost and on the other hand barriers are allowed to undertake
instruction directly from client (Kay, 2019). This required both the profession to be merged into
one single system, this not only provide reduction of cost but also allow aspiring lawyers to
choose one system of training. In addition to this it also facilitate duplication of work. Along
with this has been identified that due to two type of lawyers there is unwanted expensive legal
fees that sometime proves to be unethical prospective from UK legal profession (Solicitors and
barristers – two sides of the same coin by John Bolch. 2013). As in this it has been identify that
lawyers, barrister and solicitors are required to take care fees from client, but due to the presence
of two lawyer there is increase in an extensive legal fees that are borne by customers.
CONCLUSION
As per the above mentioned report it has been concluded that it is essential for an
organisation to operate their business functions in ethical manner as to neglect any threat in the
form of sanction or punishment. Business law provide set standards of behaviour that are
required to be abide by an organisation in order to legally conduct their business operations.
Ethics play key essential role that act as values and principles that regulate legal profession in a
feasible manner. In addition to this it acts as one of the most essential guides that further assure
proper and right implementation and conduction of daily practices of law. It is essential for a
lawyer to operate their functions with integrity, independence and honesty and further maintain
dignity and honour of their profession. In addition to this it is essential for a lawyer to regulate
their activities with the principle of fairness while taking fees from their client.
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REFERENCES
Books and Journals
Kubasek, N., Browne, M.N., Herron, D., Dhooge, L. and Barkacs, L., 2020. Dynamic business
law. McGraw-Hill.
Clarkson, K.W. and Miller, R.L., 2020. Business law: Text and cases. Cengage Learning.
Goodman, J.G., 2020. The Ethics of Governance. Hastings Business Law Journal, 16(2), p.139.
Bovis, C., 2020. The law of EU public procurement. Oxford University Press (OUP).
Ocak, S., Köseoglu, M.A. and Yildiz, M., 2020. Business ethics research in healthcare
management: A systematic review. International Journal of Healthcare
Management. 13(2). pp.170-176.
Jones, L.P. and Sakong, I., 2020. Government, business, and entrepreneurship in economic
development: The Korean case. Brill.
Mundhe, E.S. and Sanstha’s, R.S., 2020. Business Ethics: Elements and Importance. Studies in
Indian Place Names. 40(64). pp.180-182.
Palliam, R., 2020. Financial transaction and fiduciary obligation: Ethics, economics or
commingled commitment?. International Journal of Banking and Finance, 9(4), pp.1-27.
Crane, A., Matten, D., Glozer, S. and Spence, L., 2019. Business ethics: Managing corporate
citizenship and sustainability in the age of globalization. Oxford University Press, USA.
Graw, S., Parker, D., Whitford, K., Sangkuhl, E. and Do, C., 2019. Understanding business law.
LexisNexis Butterworths.
Hancock, J., 2019. Environmental human rights: Power, ethics and law. Routledge.
Gallego‐Alvarez, I., Rodríguez‐Domínguez, L. and Martín Vallejo, J., 2020. An analysis of
business ethics in the cultural contexts of different religions. Business Ethics: A
European Review.
Carrillo, M.R., 2020. Artificial intelligence: from ethics to law. Telecommunications Policy,
p.101937.
Chow, D.C. and Schoenbaum, T.J., 2020. International business transactions: problems, cases,
and materials. Wolters Kluwer Law & Business.
Kay, A., 2019. The Future of Business Ethics and the Individual Decision Maker. The Next
Phase of Business Ethics: Celebrating. 20. pp.47-63.
Lidstone, H.K., 2019. Ethics Rules Lawyers Should Remember. Available at SSRN 2874398.
Paik, Y., Lee, J.M. and Pak, Y.S., 2019. Convergence in international business ethics? A
comparative study of ethical philosophies, thinking style, and ethical decision-making
between US and Korean managers. Journal of Business Ethics. 156(3). pp.839-855.
Atwell, C., 2019. Franchising in France: An Overview. European Business Law Review. 30(3).
pp.439-467.
Online
What’s the Difference between a Lawyer, a Solicitor and a Barrister?. 2016. [Online].
Available Through<https://www.slatergordon.co.uk/media-centre/blog/2016/09/difference-
between-a-lawyer-a-solicitor-and-a-barrister-explained/>
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Solicitors and barristers – two sides of the same coin by John Bolch. 2013. [Online]. Available
Through<https://www.stowefamilylaw.co.uk/blog/2013/10/03/solicitors-and-barristers-two-
sides-of-the-same-coin-by-john-bolch/>
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