Legal professionals of the English legal system Assignment

Legal professionals of the English
legal system

The distinction between the legal professionals of the English legal system is
clouded and lacks any real divergence in their respective roles.
The United Kingdom is considered as a constitutional monarchy, where instead of president,
Head of State is called as monarch, whose duties, roles and entire responsibilities are conscribed
by convention1. English law has been spread now from UK to many other countries, which
includes former English colonies like Australia, Canada and New Zealand. English legal system
has been an evolving history which starts dating from local customs of Anglo-Saxons, whose
traces are survived till 1925. But after the Norman Conquest, local customs have grown up side
by side, including with Feudal courts of Barons, Saxon shire courts, ecclesiastical (church) courts
and more. From the King’s council which has been developed the royal courts and presided over
by judges, now gradually absorbed the legal powers i.e. jurisdictions of ecclesiastical and
baronial courts2. Doctrine of judicial precedents is considered as a unique feature of English law
of UK, where the reported decisions taken by courts helps in forming a binding source of law in
order to take future decisions. Along with this, United kingdom is having an unwritten
constitution i.e. no written document for stating rights of citizen or for clarifying action of
government. It is comprised of various sources, of which some are written like statutes and
others like constitutional conventions are unwritten3. Constitutional conventions are important
unwritten and non legal source of constitution binding on operators of constitution but are not
impose by law courts. United kingdom's legal system is divided into three separate legal system,
one for England and Wales, one for Scotland and last is for Northern Ireland. Having an unitary
constitution where supreme law making authority is the parliament in Westminster. Here, judges
are also bounded by a number of decisions taken by courts of superior jurisdiction so that legal
system can be maintained. The classification of English Legal System can be analysed in two
major terms that are – Criminal and Civil. Here, criminal law is generally concerned with
offences that taken against society or crimes, while Criminals are mostly prosecuted by State.
While Civil law emphasises on family matters, disputed between two parties (employer and
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employee, supplier and consumer etc.) injured party sues and more. According to views of
researchers, it has been evaluated that the judiciary in The United Kingdom are respected
throughout the entire world for its impartiality and effective judgements for resolving a case,
especially business matters. In dealing with complex cases, the Judicial independence refers to
be a key principle of constitution of this nation, where Judges decide cases as per own judgement
of issues, that are free from outside influence as well as governmental control4. However, the
Judicial appointments are usually made by JAC (Judicial Appointments Commission in England,
which is known as the independent Non-Departmental Public Body and has been launched in
2006, are mainly works for maintaining and strengthening the judicial independence. In this
regard, JAC Commissions focuses more on that selection of candidates having legal profession
for judicial office must be free from any political involvement.
In managing the English legal system, many professionals hold different-different roles and
responsibilities. It includes Arbitrator and Mediator, Judge, Barrister, Law Cost Draftsman,
Legal Cashier, Legal Executives, Notary, Solicitor, Usher and more. All these professionals give
their contribution in sustaining laws and regulations5. Arbitration and Mediation are considered
as non-judicial and alternative ways for resolving disputes before courts where disputed parties
make settlement as per discussion with Arbitrators and mediators, who are neutral while
giving judgement. These professionals are expert in their field and high experienced in handling
disputed case and resolve them without going to court after hearing the case from both sides of
parties. Both solicitors and barristers as per English legal system can be appointed as judges and
make decision to resolve legal cases in some circumstances. It includes cases like if a trial has
involved a jury then judges may rule over proceedings for ensuring fairness and resolving
matters in a proper way. Law costs draftsmen ensure in courts that on the behalf of clients, if
they are properly charged or not for work undertaken. Along with this, in case of an issue related
to over cost, law cost draftsman can also represent themselves in court as clients6. Solicitors
work in a number of areas of law and act as a confidential adviser. They are usually provided the
expert legal advice and assistance in a range of situations. The main role of solicitors is to
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represent their clients at personal level, in lower courts such as, County Court, tribunals and
Magistrates’ courts. While in some cases, including with special kind of training, solicitors are
also concerned on representing themselves in higher courts like Court of Appeal, Crown Court,
High Court and the Supreme Court. They are also dealing with promoting a company through
helping them legally in commercial transactions.
Legal cashiers in courts generally work in solicitors' practices, by keeping financial
records and timely inform solicitors about financial position of the firm. A chartered legal
executive has the option to work in a legal office later qualify as a solicitor via further vocational
training7. These executive are considered as lawyers and have own clients and who can be
represented in court, of required in appropriate way. Hereby, work of both solicitor and legal
executives are quite looking same, but main difference between them is that there is a narrower
training of legal executives provided where as a solicitor they are specialised in a specific area of
law and can be completed fewer subjects overall. Similarly, legal secretaries are other legal
professionals who provide secretarial or clerical support to barristers, law courts and solicitors in
resolving a case. They are also deal with a large number of quantities of correspondence and give
support to solicitors in preparing the documents such as wills, witness statement, divorce
petitions and so on. Legal secretaries are known as specialists that composes the legal documents
in different way as compared to commercial documents8. Notaries are those legal professionals
who are qualified lawyers and mostly appointed by Archbishop of Canterbury as well as
regulated in courts by Faculties' Masters. Hereby, Notaries practice in English System work
under rules that are looking same as solicitors. It includes keeping money separate of their and
maintaining insurance, renewing a practising certificate, certify signatures, including various
documents and more, are also considered as practices done by solicitors.
Thus, it has been evaluated that every legal professional under English Legal System
performs individual roles and responsibilities in maintaining the law at society9. The court
structure of UK as per English Legal System can be analysed as –
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Figure 1Court Structure of England and Wales
As per the structure of Courts, it has been evaluated that there is a hierarchy between all
courts of UK where each one has specific rules to take and resolve a case. There are various legal
professionals in English legal system and they play important role in this system- Barrister who
act as known as legal advisors and basic role of them is to make legal arguments in order to
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judges and juries10. They also cross examine witnesses in front of magistrate and prove their
points. While judges play an important role in make a decision regarding to a particular case
after hearing both sides of case and decides who is guilty. Similarly, legal Executive's role is to
present their clients in court in front of judge. They are specialised in a particular area of law.
Therefore, any kind of disputes or ineffective communication between these courts and legal
professionals can raise issues behind taking a right or correct judgement for resolving a case. For
example – In English Legal System, if any kind of ineffective cooperation is found among legal
professionals that are solicitors, legal executives and more, then chance of taking wrong
decisions against or in favour of clients can be hiked. Thus, it would directly impact on
judgement of courts as well. English law is generally preferred as governing law especially for
business transactions in worldwide manner, including those who don’t have resemble with any
geographic connection within UK. Due to well developed, effective and reputable jurisprudence,
mostly disputed parties on national and international clients put their cases under English Law.
Various countries that were formerly come under the category of British colonies are retained a
system of common law, under which the development of rules and guidance to interpretation for
the law are usually influenced by the input of courts via precedent. They can look for the
judgements of higher courts of UK, especially the Privy Council, in order to get guidance on
unusual issues. In addition to this, the judgements taken by courts of other common law
jurisdictions also assist the English courts only for considering issues. In such cases, if there is
shortage of any real divergence for respective roles and responsibilities could highly impact on
reputable image of English Legal System. The judgements by jurisdictions of UK have a
worldwide reputation in terms of quality and unbiased. The reason behind this reputable image
combines the entire aspects of courts i.e. English civil court's high quality as well as English
judge procedures which thoroughly test the evidence11.
Along with this, English judgements are also considered as more persuasive within courts
in terms of other jurisdictions, which can be easily enacted within the European Union as per
virtue of European Enforcement Order and Brussels 1 Regulation. UK is also known as party
having some reciprocal arrangements which are allowed to mutually recognise and enforce a
thing. Therefore, if legal professionals like solicitors and executives have less knowledge about
their responsibilities, then they will fail to give desired contribution in resolving a matter of
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disputed partiers. Along with this, it will also effect the reputable image of English Legal
System. Therefore, it becomes highly essential for legal authorities to set proper rules in which
roles and responsibilities of each legal professionals must be clarified in clear and precise way12.
The knowledge of roles and responsibilities is essential for professionals operating under the
confines of English law. In this regard, it can be said that the various key professionals of legal
system such as arbitrators, solicitors, barristers are required to possess sound knowledge of their
accountability as this would provide them assistance to take the right decisions in favour of the
victim and punish those who are ascertained to be guilty13. An instance whereby legal
professionals do not possess optimum knowledge base regarding this can lead to declaration of
wrong judgements, leading to decline in faith and belief of general public in the English legal
system.
According to various researchers, it has been ascertained that Legal professional privilege
in UK is firmly constituted as the human right which is fundamental within English law. Hereby,
confidential communications are done between lawyers and their clients, in order to get the legal
advice that are privileged14. With respect to litigation context, hereby, it is allowed to
communicate with third parties with main purpose of collecting evidence, against or in favour of
a case with regards to use in litigation. This would help in settlement of disputes and also
protected from any kind of disclosure by rules on without prejudice communications.
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REFERENCES
Books and Journals
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