Distinction between Solicitors and Barristers in the English Legal System

Task
The distinction between the legal professionals of the English legal system is clouded and
lacks any real divergence in their respective roles.
Discuss this statement.
The legal profession in the United Kingdom is divided to solicitors and barristers. Generally, a
lawyer holds only one title in the UK. On the other hand, in New Zealand, Canada and some
states of Australia, the legal profession has been merged, which allows the lawyers can be
barristers as well as solicitors and act in these two roles even if they formally preserve this
distinction. In this regard, sometimes radical modifications have been proposed, for example,
doing away with this distinction present between the barristers and solicitors however these
suggestions have not been put into practice. In UK, the solicitors are represented by the Bar and
therefore they pay the practicing fees to the Law Society of England and Wales. In order to
become a solicitor, first of all a law graduate is required to pass the Legal Practice Course. After
finishing this course, the solicitor will be required to enter into a two year training contract with a
solicitor who is fully qualified.1
As competitive situation, the barristers have to become a member of the Inns of the Court and
they also have to clear the Bar Vocational Course. After this, there is a pupillage made a senior
barrister in the chamber of such barristers for one year.
1 Mark R Davies, 'Not An Impartial Tribunal? English Courts And Barristers' Negligence' (2010)
13 Legal Ethics.

Historically, the superior courts had situated in London. Therefore, for the purpose of dispensing
justice across the nation, a judge and the court travelled a provincial circuit for dealing with the
cases that took place in such areas. As a result, there was a rise of the organization of lawyers
who were socially conversant with the judges and they also had training and knowledge in the
superior courts.2 At the same time, these lawyers also had available a large amount of research
material and they had developed knowledge regarding the understanding and use of law. Some
of these laws even went "on circuit" with the court so that they may of the persons who need
representation. As compared to the situation, essentially, the solicitors were located at one place,
whether it was London or any regional town.
The lawyers who were practicing in courts started to be known as barristers as they were "called
to the Bar." Hence, these lawyers became experts in either appearing in the courts or in the
process of giving oral or written advice regarding the strengths of the case and also the best
method in which the case should be conducted.
Although the barristers and solicitors received similar training but the roles played by them are
not quite similar. For example, a solicitor charged his fee by the hour. Most of the work of the
solicitors is founded in office, though some solicitors take part in trial and are happy to represent
the clients especially in lower courts. The solicitors operate from an office and they do not have
to employ staff, although secretaries are employed by them. The secretary helps in matters like
assessing fees with the clients and also chasing them personally.
As against this situation, normally a barrister receives a fee for the brief and spends a large
amount of time in either getting ready for going to the court for their clients or being present in
2 'Developing Effective Partnerships Between Professional Support Lawyers And Information
Professionals' (2005) 5 Legal Information Management.

court and presenting their cases. While there are certain investors who are involved in a lot of
paperwork, particularly when a solicitor has asked them to provide an opinion regarding the
merits of the case, most of the barristers operate beyond their chambers. The barristers are
required to be a member of a set of chambers. Along with other employees, they are also
required to employ a clerk. The task of the clerk is to negotiate with clients and collect the fee.
The barristers never discuss these issues themselves because they're should not see the clients in
their chambers without instructing solicitor being present.3
In case of England and Wales, the harsh split-up that was present amid solicitors and barristers
had been broken down, at least partially. The most notable change present among the two
professions is that first of all only the barristers had the limited rights of audience in all the courts
in the UK. Then, only the solicitors can be engaged straight by the clients for payment.
Traditionally, the solicitors deal with every legal issue other than directing proceedings in the
courts, although there are certain exceptions present in the form of the solicitors advocates.
Therefore, the solicitor advocates deal with most of the minor criminal cases that appear before
the Magistrates' Court and also in the small claims the civil cases that are heard by the county
courts.4
As against this, traditionally the barristers perform the functions of advocacy, and they have the
rights of audience in the course but due to the reason that solicitors are not advocates, they are
required to take a distinct post for becoming advocates and they have restricted rights" and they
3 John Flood and Avis Whyte, 'Straight There, No Detours: Direct Access To Barristers' (2009) 16
International Journal of the Legal Profession.
4 Rosemary Hunter, 'Discrimination Against Women Barristers: Evidence From A Study Of Court
Appearances And Briefing Practices' (2005) 12 International Journal of the Legal Profession.