An Analysis of Different Legal Professionals in the UK

This report provides an overview of various legal professionals in the UK, including judges, barristers, solicitors, and legal executives. It defines the roles and responsibilities of each, detailing their functions within the court system. The report examines the judge's role in both Crown and civil courts, the barrister's function as a legal advisor and courtroom advocate, the solicitor's diverse responsibilities including client interaction, legal research, and document drafting, and the legal executive's role, including their judicial capacity and rights of audience. It highlights the hierarchical structure within the legal system and the distinct duties each professional undertakes to ensure justice and maintain peace within society. The report emphasizes the importance of legal professionals in administering justice and upholding the rule of law.

LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK ..............................................................................................................................................1
Different Legal Professionals .....................................................................................................1
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Law is set of rules which are enacted by the Government of country for the purpose of
administering justice. Laws are rules and regulations which control society. These are the rules
of conduct which recognised and enforced by the State in order to maintain peace and harmony
within the society, community and country1.
Law and order are very essential to be maintained within the society in order to achieve
peace and harmony. People who are engaged in practising, formulating and implementing legal
policies are legal professionals. In this context, the focus of present study will be on describing
various legal professionals such as judges, barristers, solicitors and legal executives. Here, the
role and purpose of each legal professional will be described in the report in explicit and succinct
manner.
TASK
Different Legal Professionals
Individuals who study, create and implement laws are known as legal professionals.
These professionals pursue specified law course in order to become legal professionals. In order
to become one, it is essential for these individuals to obtain law degree from certified university
or college. Legal professionals are segregated into various types, who have specific roles and
duties. These are Law costs draftsman, Arbitrator, Judge, Solicitor, Barrister, Usher, Legal
Secretary, Legal Executive, Notary, Legal cashier and Paralegal. In this context, this part will
provide comprehensive understanding of roles played by key legal professionals.
Judges
Judge is the public official who is accountable, responsible and authorises to administer
the law, especially by presiding over trails and rendering judgements2. Judge is a public official
who decides fate of someone or something by critically reviewing evidences, arguments of
parties who has been called for trial. The duty of judges is to make precise decision of legal cases
1 Borghi, Paolo, Anna Mori, and Renata Semenza. "Self-employed professionals in the
European labour market. A comparison between Italy, Germany and the UK." Transfer:
European Review of Labour and Research (2018): 1024258918761564.
2 Edge, Peter W. Religion and law: An introduction. Routledge, 2017.
1

from minor to extreme cases or in certain circumstances where trials involve a jury. Judges rule
over the proceeding in order to make sure fairness has been maintained and also ensure that jury
has arrived at their decision in the correct way.
Judicial office is selected on the basis of merit by The Judicial Appointment Commission.
England and Wales have numerous types of judiciary which possess certain types of courts who
follow different style of judges3. The stricter hierarchy has been followed by judicial system of
United Kingdom. The judges sit in the Court of Appeal of England and Wales are usulaly given
more privileges, importance and weight to who judges sit in district or county courts and
magistrates courts.
The apex body of Civil Division of the Court of Appeal is the Masters of the Rolls. The
other three divisions are apex body division of High Court. Judges in Court of Appeal are also
known as Lords Justice4. They posses high power and authority and could only be drawn from
barristers of at least 10 years' of standing. They are Privy Counsellors who deals with major legal
cases and makes prominent decisions. Judges plays significant and important role in hearing and
prosecution process. They have to listen to the plea of the parties and analyse the evidence
critically in order to formulate robust and unbiased decision. In order to conduct the trail in legal
and fair manner, it is essential for the judges to utilise adequate knowledge and experience they
gain by studying law. There are different types of laws played by judges which are different in
each type of legal case. In this context, the role of judges in different types of court are described
below:
The role of Judge in Crown Court
 Hearing Case: The role of judge in the court of England and Wales, Crown Court is to
hear the case effectively and efficiently5.
3 Brown, Jerrod, Deb Huntley, Erik W. Asp, Cameron R. Wiley, Janina Cich, and Stephen
Morgan. "Confabulation: Implications for Criminal Justice, Forensic Mental Health, and
Legal Professionals." Journal of Neurology and Neuroscience 8, no. 5 (2017).
4 Jones, Emma, Hugh Mcfaul, and Francine Ryan. "Clinical legal education in the United
Kingdom: Origins, growth and the technological innovations and challenges of its future."
German Journal of Legal Education 4 (2017): 107-136.
5 Hunter, Rosemary. "Judicial Diversity and the ‘New’Judge." The Futures of Legal
Education and the Legal Profession (2015): 79-96.
2

 Making Decisions: Judges have to formulate precise decisions regarding the law and also
have to manage the trials. The jury have to considers the evidences and have to decide
whether the person is guilty in trail or not.
 Issuing sentences: Judges if decided that the person is guilty of crime, then have to
proposed and issue sentences as per the sections mentioned in the laws. Making jury aware: Judges have to ensure that jury are aware of their legal obligations
and their limitations while sitting in the court.
The role of a judge in a civil case
As compared to criminal cases, civil cases are managed differently. Judges played distinct role in
civil courts like High Court or County Court in England and Wales. In this case the role of
judges in civil case are described below:
 Encouraging cooperation: Judges encourage cooperation from both the parties in the trial
in order to peacefully resolving the case.
 Controlling case: Judges have to ensure that the hearing are conducting in peaceful and
harmonious manner. The have to control the way case is handled6.
 Assist in settling the case: Judges plays prominent role in settling the case in precise and
efficient manner.
 Recommending other options for solving problem: Judges have to provide
recommendations and suggestions to the parties so that the case can be solved in different
manner more peacefully.
Barristers
Barristers are known as the legal advisers and courtroom advocates. Their role is to frame
legal arguments in an appropriate and precise manner and transferred it to judges, magistrates
and juries. They are responsible of examining the witness and attempt to sway the result of the
court case. Direct interaction with public is not typically made by barristers and they appear in
court only if solicitor instructed them.
6 Jiang, Chao, M. Wintoki, and Yaoyi Xi. "Insider Trading and the Legal Expertise of
Corporate Executives." (2017).
3

In order to become a barrister, one has to possess legal degree from specified law
university7. Barristers are highly qualified, skilled and knowledgeable legal advocates who deal
with majority of serious and high-profile court cases. Barristers are professional legal advisers
and advocates who can appear in all court which includes High Courts, Court of Appeal and
Supreme Court.
The legal profession in England and Wales is classified into two main categories which
are Barristers and Solicitors. The barristers usually conduct work which has been suggested to
them by solicitors. In United Kingdom, there are majority of barristers who prefers to work
independently and are self employed. They give specialist and professional legal advises and
advocacy to various courts, magistrates and tribunals. Albeit most of the barristers are self
employed but they do not prefer to work in isolation as they prefer to work in groups together in
office known as 'chambers' to which they pay certain amount as rent to cover the cost of building
and its staff.
Traditionally, solicitors instructed barristers and most of the work at BAR's still comes
from source although it becomes possible for non-lawyers in United Kingdom to access suitably
trained members of Bar directly. Barristers are also termed as Jurist who is a lawyer which
represents a litigant as lawyer before court of befitting jurisdiction. Thus, barristers plays
significant and prominent role in judicial systems of England and Wales8. They provide precise
and efficient legal advice and advocacy to individuals, companies and government as well. They
are instructed by solicitors and can be appear in all courts.
Solicitors
Solicitors work in numerous sectors of laws and legislation and provide many effective
and efficient legal services. Solicitors are classified advisers and directly interact and make
contact with clients by giving them specialised legal suggestions and help in a range of
7 Jacobson, Jessica, and Gillian Hunter. Inside Crown Court: Personal experiences and
questions of legitimacy. Policy Press, 2016.
8 Fitz-Gibbon, Kate. "Minimum sentencing for murder in England and Wales: A critical
examination 10 years after the Criminal Justice Act 2003." Punishment & Society 18, no. 1
(2016): 47-67.
4

condemnatory conditions. Everyday solicitors deal with numerous situations. Giving expert
advice and guidance on problems which are faced by individuals regularly such as real estate
issues, drawing up will, dealing with relationship breakdown etc9. The role of solicitor has to
promote business by providing precise assistance with the legal side of commercial transactions.
In numerous jurisdictions of law solicitors are considered as the kind of advocates whose general
role is to give legal services to the customers aside from acting as their lawyer in the court. The
responsibility of solicitor is to give instruction to barrister for acting as an advocate for their
client in the court, albeit rights of audience for solicitors vary according to jurisdiction. Solicitors
have to provide effective guidelines and information regarding the rights of individuals so that
the preservation and protection of their rights can be maintained. It is done in order to ensure that
people are treated fairly by both public and private body and compensation has been provided to
them if they are treated unfairly.
Role of Solicitors
Taking detail instructions and statements from clients: Solicitors role is to acquire detail
instructions and statements from clients in order to provide precise and efficient advice to them.
Solicitors have to study the instructions and statements in order to offer right guidance to their
clients10.
They have to conduct legal research: The role of solicitors is to carry out robust and efficient
legal research for the case they are dealing with. This is done in order to enhance the
effectiveness in the proceedings.
Solicitors have to manage correspondence: The responsibility of solicitors is to managing
correspondence. They have to adequately communicate, manage and interact with clients in
order to retain and enhance their motivation11.
9 Aliverti, Ana, and Rachel Seoighe. "Lost in translation? Examining the role of court
interpreters in cases involving foreign national defendants in England and Wales." New
Criminal Law Review: In International and Interdisciplinary Journal 20, no. 1 (2017): 130-
156.
10 O’Neill, Timothy P. "Book review: Lawyers, the Law and History: Irish Legal History
Society Discourses and Other Papers, 2005–2011." (2016): 144-146.
5

Liaising with experts and barristers: This is essential role played by solicitors which is to
coordinate and communicate with legal professionals and barristers. This is done in order to
proceed further in the case and foster effective relationship within the legal jurisdiction.
Attending Court: The role of solicitors is to attend the court on behalf of their clients so that the
hearing can be proceed further.
Conducting litigation and advocacy in court: Litigation is the process of taking legal action.
Solicitors who have adequate knowledge of law can litigate and provide robust advocacy in
court.
Leading client meeting: The role of solicitors is to conduct meeting with clients. They have to
make frequent interaction with clients so that the precise and adequate information can be
acquired12.
Drafting legal document: Drafting legal document is considered to be another role of solicitors.
They have to draft the legal document such as notice on the behalf of their clients in order to
proceed the case.
Legal Executives
Legal executives are often work in legal offices and possess choice to qualify as the
solicitors through further vocational training13. A charted legal executive lawyer particularize in
specific sector of legislation and has been provided training for the same standard as solicitor in
the particular sector. It is not necessary that all advocates in United Kingdom are solicitors or
barristers. As per Legal Service Act 2007, the Charted Legal Executives lawyers are authorised
person persons who can undertake reserved judicial activities alongside. Charted Legal
Executives who have qualified adequately can undertake much of the work that solicitors do14.
For instance, they can make their own clients and can represent legal cases in court where ever
11 Francis, Andrew. At the edge of law: Emergent and divergent models of legal
professionalism. Routledge, 2016.
12 Cooper, Penny, and Clare Allely. "You can’t judge a book by its cover: evolving
professional responsibilities, liabilities and ‘judgecraft’when a party has Asperger’s
Syndrome." Northern Ireland Legal Quarterly 68, no. 1 (2017): 35-58.
13 Ching, J. "“Riding madly off in all directions”: consistency and convergence in professional
legal education." (2016).
6

appropriate. The major distinction between Charted Legal Executives and solicitors is that
narrower training has been provided to the legal executives. Legal executives have to prepare for
same level as of solicitor and can have specialised in a particular area of law. Charted Legal
executive lawyer plays crucial and critical roles which are described below:
Judicial Role
Charted Legal Executives can become Chair of Tribunals as they are eligible and can
apply for judicial posts. As a broad rule, Charted Legal Executives advocate is able to conduct
identical task which are done by solicitor under certain conditions15. For instance, the area of
practice is regulated then Charted Legal Executives must satisfy the requirements of he relevant
regulators. If the judicial activity is provisioned under the act of 2007, than legal executives
should be monitored by authorised party or satisfy one of the other exemptions granted to them.
Rights of Audience
Like solicitors, an exception has been provided to the Charted Legal Executives under the
monitoring they can undertake all work that a solicitor can do which is to appear in open court in
the High Court, County Court and magistrates Court. Furthermore, Charted Legal Executives can
appear in arbitration of Country Court before tribunals at the circumspection of court. Charted
Legal Executives can be employed by housing management or local authorities’ organisation and
can also practice certain rights of audience in the magistrates' courts and country courts. In grant
of rights and exceptions, Charted Legal Executives can be employed as solicitors or any other
litigators practice which have fully paid subscriptions for purpose of membership.
CONCLUSION
From the above report it can be understood that law is set of rules which are enacted by
Government of country for the purpose of administering justice. Laws are rules and regulations
which control the society. In this context, the following report has accomplished the task in
effective and efficient manner. The elaboration of key legal professionals have been provided in
14 Cox, Rachel, Biza Stenfert Kroese, and Roger Evans. "Solicitors’ experiences of
representing parents with intellectual disabilities in care proceedings: attitudes, influence
and legal processes." Disability & Society 30, no. 2 (2015): 284-298.
15 Ching, J. "Multiplicity and mutability in professional legal education in England and
Wales." (2018): 279-324.
7

the study. The roles of judges, barristers, solicitors and legal executives has been explained in
the report in explicit and succinct manner. It can be understood that law and order are very
essential to be maintained within the society in order to achieve peace and harmony.
8

REFERENCES
Books and Journals
Aliverti, Ana, and Rachel Seoighe. "Lost in translation? Examining the role of court interpreters
in cases involving foreign national defendants in England and Wales." New Criminal Law
Review: In International and Interdisciplinary Journal 20, no. 1 (2017): 130-156.
Borghi, Paolo, Anna Mori, and Renata Semenza. "Self-employed professionals in the European
labour market. A comparison between Italy, Germany and the UK." Transfer: European
Review of Labour and Research (2018): 1024258918761564.
Brown, Jerrod, Deb Huntley, Erik W. Asp, Cameron R. Wiley, Janina Cich, and Stephen
Morgan. "Confabulation: Implications for Criminal Justice, Forensic Mental Health, and
Legal Professionals." Journal of Neurology and Neuroscience 8, no. 5 (2017).
Ching, J. "“Riding madly off in all directions”: consistency and convergence in professional
legal education." (2016).
Ching, J. "Multiplicity and mutability in professional legal education in England and Wales."
(2018): 279-324.
Cooper, Penny, and Clare Allely. "You can’t judge a book by its cover: evolving professional
responsibilities, liabilities and ‘judgecraft’when a party has Asperger’s Syndrome."
Northern Ireland Legal Quarterly 68, no. 1 (2017): 35-58.
Cox, Rachel, Biza Stenfert Kroese, and Roger Evans. "Solicitors’ experiences of representing
parents with intellectual disabilities in care proceedings: attitudes, influence and legal
processes." Disability & Society 30, no. 2 (2015): 284-298.
Edge, Peter W. Religion and law: An introduction. Routledge, 2017.
Fitz-Gibbon, Kate. "Minimum sentencing for murder in England and Wales: A critical
examination 10 years after the Criminal Justice Act 2003." Punishment & Society 18, no. 1
(2016): 47-67.
Francis, Andrew. At the edge of law: Emergent and divergent models of legal professionalism.
Routledge, 2016.
Hunter, Rosemary. "Judicial Diversity and the ‘New’Judge." The Futures of Legal Education
and the Legal Profession (2015): 79-96.
Jacobson, Jessica, and Gillian Hunter. Inside Crown Court: Personal experiences and questions
of legitimacy. Policy Press, 2016.
9

Jiang, Chao, M. Wintoki, and Yaoyi Xi. "Insider Trading and the Legal Expertise of Corporate
Executives." (2017).
Jones, Emma, Hugh Mcfaul, and Francine Ryan. "Clinical legal education in the United
Kingdom: Origins, growth and the technological innovations and challenges of its future."
German Journal of Legal Education 4 (2017): 107-136.
O’Neill, Timothy P. "Book review: Lawyers, the Law and History: Irish Legal History Society
Discourses and Other Papers, 2005–2011." (2016): 144-146.
10