Distinction between Legal Professional System Cloudiness and Real Deliverance in their Roles

ESSAYScotland Distinction between legal professional system cloudiness and Real deliverance in their roles INTRODUCTION 3 MAIN BODY3 CONCLUSION 7 REFERENCES 9 Topic: This essay will argue over the distinction between the legal professionals of the English legal system cloudiness and lack of real divergence in their respective roles. In the present report a discussion is conducted over the issues of the cloudiness of the roles and responsibilities of the legal professionals and a lack of clear distinction in these duties under the English legal system

ESSAY
Distinction between legal professional system
cloudiness and Real deliverance in their roles

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................9

Topic: This essay will argue over the distinction between the legal professionals of the English
legal system cloudiness and lack of real divergence in their respective roles.
INTRODUCTION
The English legal system mainly comprises the jurisdiction with a court system and legal
professionals. The legal professional under the English legal system are broadly divided into two
categorize the barristers and the solicitors. Others failing under this category of legal
professionals are Judges, Attorney Journals, Solicitor general, Director of public prosecution. In
the present report a discussion is conducted over the issues of the cloudiness of the roles and
responsibilities of the legal professionals and a lack of clear distinction in these duties under the
English legal system. For this mainly the difference and familiarities between their education and
historical presence is carried out to outline lack of separation and the changes hat are required or
have been made over time.
MAIN BODY
Legal professional in the UK are mainly divided into two categories the barristers and the
solicitors. Apart from these two other legal professions in UK as well which includes the
solicitor generals, the judges, director of the public general1. All of them are given duties and
responsibilities but one of the major issue faced by these legal professionals under the English
legal system is that there roles and responsibility are not clearly stated and that mingle with the
duties and responsibilities of each other. In the present essay a detailed discussion over this issue
is carried out.
Solicitors under the English legal system are those who deals with difference areas of
law, and they offer different services. They are the confidential advisors and will often have a
direct contact with their client, and they provide experts legal advises and assistance for various
legal situations to the clients. The solicitor are presented with everyday issues which includes,
giving expert advise and assistance to the people regarding selling and purchasing of the house,
drawing up a will, business promotions, legal advised for the different business issues, protection
1 Contract Law. 2019. [Online]. Available through
:<https://www.autochthonapn.com/uploads/1/1/0/7/110765783/contract-law.pdf>.

of the rights of the individuals, providing supporting advises to the communities as free help and
representing the client privately in the lower courts.
Barrister in the UK are the legal advisors, and they are the courtroom advocates. The
duties of this legal professional includes presenting the argument before the judges, juries and
the magistrates. Barristers cross-examines the witnesses and try to make an attempt to sway the
decision of a lawsuit. They do not have a direct contact with member of public and appear in the
courts as when instructed by the solicitors. Only a qualified solicitor or a barrister have a right to
represent a client in the higher courts. The barristers are advocated who have higher level of
trainings, and they deal with case of major seriousness and higher profiles lawsuit in the
courtroom.
The judges are those who are responsible for passing a decision over a case in accordance
with the decision of jury and taking into consideration all the facts and evidences presented by
both the parties to a dispute in the courtroom. The attorney general and the solicitors general are
one responsible for advancing the crown in the legal matters, and they act as plaintiff for the
crown in vary important law suits. The director general prosecutor present advise to the police
and other law performance agencies. This is nor a political civil servant2. The director of the
public general is required to have a practical experience of at least 10 years.
From the above discussion it is seen that all of the legal protractions under the English legal
system are presented with a distinct roles and responsibilities expect for the solicitors and
barristers as for both some duties are common and this can create the confusion over the actual
authorities to solve them matters and deal with the issues. As both present cases in the courts,
and both represents clients so which is the actual duty of whom is a big question under the
English legal system.
Historical difference and common between Barristers and solicitors
It is seen that UK is gearing up from the future trade deals after the Brexit the main issues
was highlighted is related with difference in the rules and responsibilities related the solicitors
and barriers under the three of the jurisdiction of UK. As UK is made up of three jurisdiction
2 Bar Council slams plan to allow solicitors to qualify as barristers without pupillage. 2019.
[Online]. Available through :<https://www.legalcheek.com/2018/09/proposal-allowing-
solicitors-to-qualify-as-barristers-without-pupillage-slammed-by-bar-council/>.

England and Wales, Northern Ireland and Scotland. Each of the three have two legal
professionals barristers and Solicitors. In Scotland the barristers are as called as advocates. In all
three jurisdiction the common law does not apply in same sense as in Scotland there is a mixed
system of common and civil law. All the 6 professions are regulated separately. With this the
clarity among the two legal professionals have blurred 3. The barristers appear in the higher
courts as well as some of the solicitors also present cases in court room. One of the common
thing between solicitor and the barrister is that they operate under the legal system of UK and
there are bifurcated under three different jurisdiction of UK.
In the historical context there is much difference as barristers were required to perform
the legal work also represent the clients in the courtroom. Historically, barriers were the
specialist in technical law and the court practices where as the solicitors were assigned the work
of litigations managers who used to work out the case ad than work on the case from beginning
to finish and to instruct the barristers for advise about law and court advocacy4. The solicitors in
the traditional times tend to operated as a part of the law firm and therefore thy used to make a
good team of lawyers. Conversely, the barristers were generally self employed and they used to
work independently, and they used to come together in the happiness and courtrooms.
The difference were set in the historic time and no change have been set for disinviting
the roles and responsibility of barrister and solicitor which was the essence of time. With the
change in the times the difference between two fades and both of them are become the same as
some of the barristers now authorized to conduct the litigation and some solicitors go to courts
advocacy instead of barristers. This means the role and responsibilities are mi and there is a clear
lack of deliverance in the roles and responsibilities of barriers and solicitors as the work are
interchanged and each of the two legal professionals are playing the roles of each other. The
complexity in defining the rules and responsibility of the legal professionals under the English
legal system are due to the structure of the professionals which is historic. With times more
3 Smits, Jan M., ed. Contract law: a comparative introduction. Edward Elgar Publishing,
2017.
4 Selling the UK legal profession abroad. 2019. [Online]. Available through
:<https://www.lawgazette.co.uk/commentary-and-opinion/selling-the-uk-legal-profession-
abroad/5068268.article>.

complexities have been added to the regulatory sides of the professionals. This means that the
historic presence of the structure have faded the distinction and here is no divergence between
the roles, duties and responsibilities of Barristers and solicitors be seen under any of the three
jurisdiction of UK.
Educational diffidences and Commons between Solicitors and Barristers:
Under the historic bifurcation of barristers and solicitors the barristers were the one who
presented the cases in the courtrooms and the solicitors used to work on the case form start to
end and provide legal advises to the member of public and business over the legal issues faced
by the during the courts of their daily lifestyle or business operations. For both them educational
requirement also differs under the legal system of UK. As per traditional practises to become a
barrister under any of the jurisdiction of UK the person is required to have membership one of
the four Inns courts in London. The boards of the inns determined the eligibility of the individual
applicant and then decide over the admission and providing certification over which the reliance
of supreme court is there and the person is admitted to be a practising lawyer in UK. The course
work is of three years when the student is required to pass two of the main exams, of which first
parts is theoretical and the second one is related with the practice courses. To pass the two exams
are must to become a barrister and is an assumptions and obligation. After passing this barristers
is required to pass a yearlong pupillage which an experienced barrister before allowing him/her
to practice as self-employed. Where as to become a solicitor the education requirements were
different that have a professional association, the law Society5. To become a solicitor the trainees
were required to pass a 4-5 years of apprenticeship as an article clerk. The solicitors spend the
time as a practising solicitor parallel to the classes at the law society and is required to pass a
theoretical exam first. The exam is required under for the university graduation, with passing this
exam the candidate is required to enrol as the Masters of Rolls for admission to the official list of
the licensed solicitor.
However, in the current practises the changes are suggested that ta solicitor can become a
barrister without completing the pupillage. With this proposition the Bar Standard Board has
mooted various new ideas and for its idea of solicitors practising as barristers it has made a
proposal of automatically passport the solicitor with the rights of audience and academic through
5 Legal professionals - who does what?. 2019. [Online]. Available through
:<https://www.lawsociety.org.uk/for-the-public/legal-professionals-who-does-what/>

qualifications as barristers. It is easy to see that this will be attractive to solicitors who regard
admission to the bar as a badge of achievement, and who will recognize that this route to that
badge is fundamentally less arduous than the route barristers currently take.
From the above discussion it can be seen that the legal professionals under the English
legal system have gone through a dramatic change regarding its practising limits, scope and the
educational requirement for practising in the place of one anther. As in the traditional times the
education required become a barrister involves three year course, out of which for two years
theoretical exams were required to be given and then one year of pupillage was required
compulsory. But with the amendments made in recent times by the Bar Standard board the
requirement have been made lenient and the ideas of solicitors being practising as barristers is
being motivated which makes the difference between the two legal professional more similar and
the lack of difference among two increases6. Apart from it in the traditional times the barristers
were the only one who used to practice in the courtroom and preset the cases to the judges and
juries. Where the duties and role of solicitors were limited to given legal advocacy to barristers
and provide legal assistance to member of public for their day to day legitimate issues as well as
to business organizations for the legal matters faced by them in other operations. With this it can
be stated that with passing time the distinction between two of the legal professional is
decreasing day by day and along with this both of them are becoming a similar profession and
this can mitigate the importance of each of the legal profession. This means that if solicitors will
starts to practice as barristers the number of barristers in UK will increased and this will directly
effects the work availability and earning of the present acting barristers in UK because the new
solicitors who will start to practice as barristers will charge lower fees and the demand for the
exiting qualified barristers will definitely reduce and this is not a good sign for the legal
community and legal professions practising in UK7. With this discussion it can be interpreted
that with changing practice and education qualification changes the difference between the legal
profession of solicitors and barrister are decreasing day by day and this can raise a question mark
on the legal framework of the UK as who is acting as who and there is clear lack in the role and
6 .Elliott, Catherine, and Frances Quinn. Elliott & Quinn's Contract Law. Pearson Higher
Ed, 2019.
7 Hough, Tracey, and Kathrin Kuhnel-Fitchen. Optimize Contract Law. Routledge, 2017.

duty specification of both the legal professionals as to who is responsible to carry out which legal
action.
CONCLUSION
From the above report it can be concluded that historical and educational base for the
solicitor and barrister were different which provided a clear difference in practising of both the
legal practitioners. It has been interpreted that there are mainly two branches of the legal
professionals under the UK legal system which includes solicitors and barrister along with
Judges, Attorney Journals, Solicitor general, Director of public prosecution. The education
requirement to become a barrister have been identified for 3 years out of which one year is for
pupillage and for solicitors is 4-5 years under the law society. Furthermore, it have been
determined that in the traditional time barrister were the only to report in the cases in courtroom
and solicitors were confined to providing legal advice to member of public and business
organisation. With this all have been changed and the duties and responsibility have been
mingled even the education requirements has also been changed. Therefore, it can be stated that
the roles and responsibility of solicitors and barrister are clouded and there is a lack of
deliverances among the two legal professorial under English legal system.

BIBLIOGRAPHY
Primary
Contract Law. 2019. [Online]. Available through
:<https://www.autochthonapn.com/uploads/1/1/0/7/110765783/contract-law.pdf>.
Bar Council slams plan to allow solicitors to qualify as barristers without pupillage. 2019.
[Online]. Available through :<https://www.legalcheek.com/2018/09/proposal-allowing-
solicitors-to-qualify-as-barristers-without-pupillage-slammed-by-bar-council/>.
Selling the UK legal profession abroad. 2019. [Online]. Available through
:<https://www.lawgazette.co.uk/commentary-and-opinion/selling-the-uk-legal-profession-
abroad/5068268.article>.
Legal professionals - who does what?. 2019. [Online]. Available through
:<https://www.lawsociety.org.uk/for-the-public/legal-professionals-who-does-what/>.
Secondary
Elliott, Catherine, and Q. Frances. Elliott & Quinn's Contract Law. Pearson Higher Ed, 2019.
Hough, Tracey, and Kuhnel-Fitchen K. Optimize Contract Law. Routledge, 2017.
Jan S., edotor. Contract law: a comparative introduction. Edward Elgar Publishing, 2017.