Detailed Report: Legal Professions in the UK Legal System

This report provides a comprehensive overview of the legal professions within the English legal system. It details the roles of solicitors and barristers, outlining their responsibilities, training requirements, and the key differences between them. The report further explores various other legal professionals, such as arbitrators, mediators, judges, law costs draftsmen, legal cashiers, legal executives, legal secretaries, notaries, paralegals, and ushers, elucidating their specific functions within the legal framework. It also examines the evolving landscape of the legal profession, highlighting recent reforms and developments, such as the abolition of the conveyancing monopoly, and discusses the increasing opportunities and reduced restrictions within the sector, emphasizing the government's efforts to minimize professional differences and enhance opportunities for all legal professionals. The report underscores the significance of legal professionals in maintaining and improving the quality of law and addresses the challenges they face in a changing world.

The Legal
Professions

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK...............................................................................................................................................1
Question: The legal professions..................................................................................................1
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
The English legal system is one of the oldest among all which is available across the
globe. This legal system is comprised with different laws that deals with particular part and helps
in resolving all the issues arises in that particular area. Criminal law and civil law is the biggest
part which comprises all the legal system in the English legal system. Their are number of laws
and policies that are available in the legal system of United Kingdom. Formation of law is one
part and its application is different part. In order to generate and establish effective legal system
both the functions needs to be performed well. In this project report all the discussion will be
made in relation to application of laws in the country.1 Application can be made effectively when
it is done with professionals. Legal professionals are the individuals or a body of individuals who
study, develop and helps in application of laws in the country in planned manner. The legal
profession is based on the expertise that an individual possess in the law and its application.
The English legal system is based on common laws and enjoys international status all
over the world. The legal system is governed by those possess special knowledge of various
principles, rules and laws and are termed as the legal professionals. In this project report detailed
information is provided regarding legal professionals and how they are employed in the system
to enhance and improve quality of law. Requirements and issues that these professionals are
facing with the changing world is mentioned in this report.
TASK
Question: The legal professions
The English legal system is wide and possess various laws so that each area in the society
can be governed on the basis of laws and regulations applicable on them.2 As this law enjoys
international status and comprised with civil and criminal law and rules and regulations that are
governing legal system is deprived form common law, legislation and European Community law
which is binding on UK legal system. Legal professionals are the specialists as they possess full
knowledge of various principles, rules and laws that governs the English legal system. Legal
1 Boittin, M. L., 2013. New Perspectives from the Oldest Profession: Abuse and the
Legal Consciousness of Sex Workers in C hina. Law & Society Review. 47(2). pp.245-
278.
2 Brock, D. M., Leblebici, H. and Muzio, D., 2014. Understanding professionals and their
workplaces: The mission of the Journal of Professions and Organization. Journal of
Professions and Organization. 1. pp.1-15.
1

profession is described in two branches one is solicitors and other one is barristers. Solicitors
advise individuals and organisations on legal matters and ensures that their client act in
accordance with set legal procedure. In UK there are more then 100000 practising solicitors
present who are governed by the Solicitors Regulation Authority.
Barristers in their professions directly represents their clients in court and give their
specialisation on various complex legal matters.3 In UK there are approx 14400 practising
barristers present who are performing their activities under the instructions through solicitors.
Barristers profession in UK is governed by Bar Standards Board. These two branches of legal
profession in UK possess good amount of difference among themselves. One of the basic
difference among them is that barristers defends people in court and a solicitor mainly performs
legal activities and work outside court. The difference in barristers and solicitors in detailed form
is as follows-
Basis Barristers Solicitors
Work They perform and practices for
representing clients in courts. Barristers
possess all the rights to represent their
clients at various levels of the court.4
Solicitors perform majority of their legal
work in a law firm or through
establishing an office. In recent time a
line which distinguishes these
professions has blurred as now solicitors
can obtain 'right of audience' which
enable them to represent clients in court.
Solicitors can represent clients up to a
certain point. They mainly involved in
advising people who come to them with
legal issues. Involved in negotiations and
agreements between two parties involved
in the legal issues. Draft legal documents
for the clients such as contract.
3 Faulconbridge, J. R. and Muzio, D., 2012. Professions in a globalizing world: Towards
a transnational sociology of the professions. International Sociology. 27(1). pp.136-152.
4 Johnson, T., 2013. Expertise and the state. In Foucault's new domains (pp. 147-160).
Routledge.
2

Training For practising as a barristers Bar
Professional Training Course (BPTC)
needs to be completed. After this
course fledgling barristers needs to do 1
year pupillage which takes place in
chambers. Through this real practice is
done by barristers before getting
involved in the practical work of
chambers.
A vocational course of 1-2 years known
as Legal Practice Course is required to
prepare for solicitors practice. Two year
training contract with practical legal
work experience to ensure quality of
work must be completed.5
Work
Pattern
They are self-employed individuals and
affiliated with chambers which is
shared among different self-employed
barristers. High amount of risk is
involved in their work pattern as no
certainty of work is their. In some
months it can be more income or some
time in a year there is no income at all.
Some time barristers can also become
in house employed for example-
government legal services.6
Solicitors in most of the cases are
employed by a law firm or a commercial
organisation as an in-house solicitor.
They become an employee and receive a
fixed amount of income for that
organisation as salary, holiday pay, sick
pay and other benefits. In house
employment provides a huge amount of
job security which is not available in the
legal profession of a barrister.
Access to
the public
Barristers are not directly in contract
with general public until and unless
there is a strength forward case which
is performed through public access
scheme. Their is no public access
available for barristers if the work is
funded out of legal aid.
General public are free to have access to
solicitors and this free and quick contact
is not always true in case of barristers.
5 Liu, S., 2013. The legal profession as a social process: A theory on lawyers and
globalization. Law & Social Inquiry. 38(3). pp.670-693.
6 Micelotta, E. R. and Washington, M., 2013. Institutions and maintenance: The repair
work of Italian professions. Organization Studies. 34(8). pp.1137-1170.
3

Work
wear
Barristers in the court are suppose to
wear traditional court attire in form of a
long black robe and wig.
Solicitors do not possess any dress code
and a smart dress will be fine for
business.
Work
experience
opportunit
ies
A solicitor will gain the working
experience in form of a mini pupillage.
This practising environment is not that
of a solicitor.
A solicitor possess a working experience
in a law firm where environment vibe is
that of an office is gained.
In order to understand the market trend and also to take corrective course of action
against of unfair practices, the role of legal professionals is considered as an important role.7
This is because, they take an initiative in providing and directing the organisation in terms of
accomplishing pre desired goal or objective in an ethical manner for enhancing the market share
among competitors. AS per the UK, its legal professionals are categorised into various types
which is discussed below:
Arbitrator and mediator: This segment of legal professional are regarded as non- judicial
i.e. natural nature of resolving the disputes or conflicts in a better mode. Moreover, they are
mainly concern with identifying the issue by acquiring relevant information from both grieved
parties and based on that implement best decisions as they are not allowed to give advices for
solving issues.
Barrister: This category individuals are known as legal advisors and courtroom advisors
as they only appear inside the premises of court on the instruction of solicitor and also avoids the
direct interaction with public in aspect of resolving problems. For making decisions regarding
any particular disputes, Barrister convey legal arguments to judges, magistrates and juries after
cross examining the witnesses.8
Judge: Under this, solicitor and barristers are considered as a judges who take
appropriate or fair action and decisions on particular circumstances by collecting accurate as well
as reliable information regarding disputes.
7 Michelson, E., 2013. Women in the Legal Profession, 1970-2010: A Study of the
Global Supply of Lawyers. Ind. J. Global Legal Stud. 20. p.1071.
8 Saks, M., 2012. Defining a profession: The role of knowledge and
expertise. Professions and Professionalism. 2(1).
4

Law costs draftsman: In this type of legal professionals, they are mainly concern with
ensuring whether an organisation's clients are charged appropriately on behalf of performing
their responsibilities or duties towards company in an improved manner. Along with this, in long
and complex case, they render apportion costs among two sets of legal advisors for managing the
hindrances in an amended mode.
Legal cashier: They are formed with a purpose of providing necessary financial
information or records of establishment to solicitors in order to enhance the performance of
company in an effective way.
Legal executive: This group of individuals are mainly formed with an intent of
performing their duties within legal office. Moreover, they are assigned with their own clients
who can be presented by legal executive at the time of need.9
Legal secretary: This type of personalities are concern with rendering secretarial and
clerical support to solicitors, barristers, law courts in preparing documents related to wills,
divorce petition and witness statement.
Notary: In this, notaries are known as qualified lawyers who are appointed by
Archbishop of Canterbury and directed or regulated by Master of Faculties. Along with this, they
are mainly concern with renewing a practising certificates, keeping client money separate and
managing their insurance.
Paralegal: They are similar to lawyers as they are also not allowed to share their advices
to its consumers of legal services. In addition to this, roles of paralegal will be differs as per the
type of firms and practice. Some of the activities which they includes are research and drafting
documents, attending clients meetings and arrangements of documents in an organised manner.
Solicitor: They are viewed as a confidential advisors who are allowed to build a direct
interaction with clients and also to provide expertise advice as per the range of situations.
Usher: Under this group of personnel are link with those who involves duties like
escorting judges to and from court as well as preparing and closing courtrooms with an aim of
implementing better decisions towards specified issue.
Despite of these small or big differences that legal professionals possess among
themselves still there are various similarities exists. In recent current times it is seen that
difference among various legal professions are minimised and it is getting clouded.
9 Legal Professional. 2020. [Online]. Available through:
<https://www.lawsociety.org.uk/for-the-public/legal-professionals-who-does-what/>
5

Opportunities and chance to explore in different areas are provided to various professionals
through minimising restrictions. As in the present time various restrictions that are set on the
legal profession is minimised and improvement in the sector is made. This is initiated because
legal profession possess large inaccessible nature and regarded as one of the most closed sector
when it comes to employing ethnic groups. In this sector amount of opportunities are minimum
and also level of qualification is demanded high. Government is taking all the required steps so
that legal professionals difference can be minimised and amount of opportunities for them is
improved. On the basis of recent reforms it can be seen that legal profession in UK has improved
at a grate extend and difference has minimised. Some of the recent developments with these
reforms are as follows-
Abolition of conveyancing monopoly: In the year 1987, the conveyancing monopoly of
the lawyers was broken. This was the first step taken to make a significant change to the
restrictive practice of a lawyer. As per the Older legal system in UK only solicitors are provided
with a power to charge for the work of conveying the title in a real estate deed. In the year 1985
an act of Administration of Justice is introduced which allowed licensed conveyancers, regulated
by the the council. This leads to minimise monopoly of a legal profession and reduced difference
among them.10
Right to litigate and Right to the audience: Prior to 1990 in UK, only solicitors were
allowed to prepare cases for the trial and only barristers had the right to be heard before the
court. In this relation a significant amount of changes are made by court and Legal Service Act,
1990. Instead of the professional bodies simply creating rules the act established a framework for
authorized bodies to set the rules. Their was further changes made to these rules in the year 1999
by Justice Act. As per this act all barristers and solicitors were allowed to have right of audience
before every court in all proceedings. This reform was huge change in the legal profession and
provides notable changes. One of the huge difference among these two branches of legal
profession is removed and difference among different professions are minimised to a grate level.
Rules relating to advertisements: This reform was introduced in relaxed form and
allowed solicitors and barristers to make advertisements for their services. This reform introduce
one more similarity among two different legal profession and make the difference bit more
clouded.
10 Schetky, D. H. and Green, A. H., 2014. Child Sexual Abuse: A Handbook For Health
Care And Legal Professions. Routledge.
6

Legal Service Act, 2007: The new regulation created new regulatory framework
proposed in the Clementi. This act have a grate impact on the legal profession and made
provisions for bar council and law society to reorganise for their respective functions. Legal
service board is established so that various activities which was not considered earlier are taken
seriously and other tasks are completed.
Independence of legal profession: One of the major feature that legal profession possess
is its independence. This independence can be as basic as a lawyer is giving independent advise
to his clients irrespective of the policy of the government of the day. The reform also set it free
for any profession to take any case which is in the opinion of public at large is not good. The
legal professions are set free on the basis of rules and regulations provided on the basis of their
own professional conduct. Introduction of Legal Service Act 2007 was an step towards such
independence among various professions.
Attack on restrictive practice and encouragement of competition: This is one of the
required or demand reform as more and more amount restrictions are removed form different
legal professions. Restrictions among legal professions leads to generation of difference among
them. Minimising restrictions will generate more and more amount of similarities. This will also
leads to introduction of good amount of competition among all the legal professions.
Legal profession is changing and evolving on continuous basis and on the basis of these
changes to become more adoptive training programs needs to become updated. As in the past
time a specific amount of training period was provided to be involved in a particular legal
profession. In the recent time restrictions on the legal profession is minimised and one
professional of qualified can perform various activities on the same time. This multi-tasking
system requires more and amount of training to become more and more competent to perform
various activities.11 A change in the training system is made in which “training for tomorrow”
concept is given preference. As per the current legal professional system ongoing consultation
through which legal education and training is provided. Continuous education and training helps
to understand the requirements of the changing legal structure. Some of the biggest changes in
the legal system has already taken place so that more and more amount of qualification and
flexibility can be introduced.
11 Thomasset, C. and LaPerriere, R., 2019. Faculties under Influence: The infeudation of
law schools to the legal professions. In The Law School-Global Issues, Local
Questions (pp. 190-227). Routledge.
7

In the present time training contracts are not formed on the basis of strict rules and
regulations that are implemented in legal profession. More amount of flexibility is introduced in
businesses and trainings as now an individual can take training and become competent for more
and more amount of job profession. Flexibility in the legal professional system mean that now
for being qualify as a solicitor can be done by working as a paralegal or chartered legal executive
as equivalent means. Requirement of the same knowledge and experience is required to become
one of the legal professional through any other equivalent means. Training requirements keeps
on evolving on continuous basis so that all the requirements of the fast changing environment
can be mat and together with this all the professionals can become more and more competent.
Now, a legal professional can offer multi-pal services based on skills, qualification and
experienced acquired on the basis of past year experiences. Reduction in the amount of
restriction and enhanced amount of competition make this training process more and more
important. Level of competition in the legal professional leads to generation of quality services
and also leads minimise the amount of difference which use to be their before reforms were
made in relation to legal professions.
CONCLUSION
From the above project report in legal professions it has been concluded that English
legal system is one of the oldest and well established among all the legal system available in the
world. English legal profession has traditionally been highly monopolistic. Over the years more
and more amount of importance is provided to legal professionals and generation of new legal
professional takes place. Establishment of legal professionals takes place in sixteen century and
from then it keeps on evolving for better results. This profession with the recent reforms leads to
minimise difference existed among all the professions and enhance the level of competition.
Alternative methods are provided so that professional degree can be granted. Earlier their was a
fine line which used to differ various professionals in the legal system and in the current age
these lines are disappearing in the clouds of more and more amount of similarities. The
reformation process has started and is continuously making the legal professions liberal and
more competitive profession. These changes has made requirement for improved training system
and it is achieved in terms to contribute more and more towards success to achieve what is
targeted.
8

9

REFERENCES
Books and Journals
Boittin, M. L., 2013. New Perspectives from the Oldest Profession: Abuse and the Legal
Consciousness of Sex Workers in C hina. Law & Society Review. 47(2). pp.245-278.
Brock, D. M., Leblebici, H. and Muzio, D., 2014. Understanding professionals and their
workplaces: The mission of the Journal of Professions and Organization. Journal of
Professions and Organization. 1. pp.1-15.
Faulconbridge, J. R. and Muzio, D., 2012. Professions in a globalizing world: Towards a
transnational sociology of the professions. International Sociology. 27(1). pp.136-152.
Johnson, T., 2013. Expertise and the state. In Foucault's new domains (pp. 147-160). Routledge.
Liu, S., 2013. The legal profession as a social process: A theory on lawyers and
globalization. Law & Social Inquiry. 38(3). pp.670-693.
Micelotta, E. R. and Washington, M., 2013. Institutions and maintenance: The repair work of
Italian professions. Organization Studies. 34(8). pp.1137-1170.
Michelson, E., 2013. Women in the Legal Profession, 1970-2010: A Study of the Global Supply
of Lawyers. Ind. J. Global Legal Stud. 20. p.1071.
Saks, M., 2012. Defining a profession: The role of knowledge and expertise. Professions and
Professionalism. 2(1).
Schetky, D. H. and Green, A. H., 2014. Child Sexual Abuse: A Handbook For Health Care And
Legal Professions. Routledge.
Thomasset, C. and LaPerriere, R., 2019. Faculties under Influence: The infeudation of law
schools to the legal professions. In The Law School-Global Issues, Local Questions (pp.
190-227). Routledge.
Online
Legal Professional. 2020. [Online]. Available through:
<https://www.lawsociety.org.uk/for-the-public/legal-professionals-who-does-what/>
10