English Legal Professionals: Roles, Responsibilities, and Divergence

This essay examines the roles of legal professionals within the English legal system, primarily focusing on the distinctions between solicitors and barristers. It highlights the solicitor's role in direct client interaction, providing legal advice, preparing paperwork, and representing clients in lower courts, w...Read More

THE DISTINCTION BETWEEN THE LEGAL
PROFESSIONALS OF THE ENGLISH LEGAL SYSTEM
IS CLOUDED AND LACKS ANY REAL DIVERGENCE
IN THEIR RESPECTIVE ROLES

Table of Contents
Essay on The distinction between the legal professionals of the English legal system is clouded
and lacks any real divergence in their respective roles"..................................................................4
REFERENCES................................................................................................................................8

Essay on The distinction between the legal professionals of the English legal
system is clouded and lacks any real divergence in their respective roles"
English legal profession whose legal system basically derives directly from the common
law which has two categories of qualified lawyer that is solicitors and barristers, the basic
difference in the roles is clients generally need to go through the solicitor to gain access to the
barrister.
Barrister is basically distinguished from a solicitor as they wear a wig and gown in the
higher court. They are working at the higher level of the court that is high courts(Schwabach,
2019). Whereas solicitor is the person who has to act as the advocates in legal hearings of the
court which implies that they stand in the court and plead the complete case on behalf of their
clients in front of the judger in order to win the case for true and fair and justice decisions for
their clients and to make them satisfy. Most of the solicitors of the UK are primarily litigators
and some solicitors are specialised in specific areas of law and other some do their own advocacy
cases. If the cases are gone to the court than certain solicitors may appear in the court as
advocates.
The legal solicitors directly worked with the clients and sop me of the specific work
activities are performed and completed by solicitor only as they naturally depend on the
solicitors' area of expertise and interest. They basically involved in conversing with the clients so
that they can establish the firms' suitability to provide the required and necessary legal advices
and services(Chang and Smith, 2019).They also taking the clients instructions and issues and
provide them with expert advices on law and legal issues relating to their particular cases. All the
paper work and communication involve with the clients are generally undertaken by the solicitor
only including writing documents, letters, contract altered and change according to the client's
needs and requirements ensuring that thee is appropriate accuracy of legal procedure and legal
advices and also making and preparing the paper documents for the court.
Solicitors are responsible for various activities which are need to be perform on the
behalf of their clients. That are they have to negotiate with the clients and opposing parties of
case to secure the agreed and decided objective, gathering evidences, supervising the
implementation of different agreements some with clients, calculating claims for any damage
caused, loss of earnings, compensation, maintenance etc. They are also responsible for
coordinating all the activities with the parties they are working. Their work basically ranges

acrossing the whole spectrum of the legal work from higher commercial work to the personal
cause and injury cases, family issues law, including the children law, criminal law, divorce cases
and wills probate and also the general administrator of the estates(Smyth, Shepherd and Budden,
2017). Their basic work is to represent their client in the court and in complex dispute cases
solicitors sometimes often instruct to barristers or specialised advocates whop are require
appearing in the court on behalf of their clients.
Whereas Barrister is the person who provides specialised legal advice and represent the
client or individual people and organisation in the courts and tribunals and through written legal
advices. They are the person who are hired if the cases is complex enough to handle in the hands
of the solicitors. They hold specialised knowledge regarding the particular field and their area
that is law and their legal system in which they are working(Pargendler, 2018). They are hired by
the solicitors for representing the case in the court and to translate ad structured the client's view
into the legals arguments and also to make the persuasive representation which may lead to
obtain the best possible result for their client so that clients can get satisfied and also it leads to
fair and justice.
Barristers are usually specialised in particular areas and fields of law including criminal
law, estates and trust (chancery law), entertainment law, commercial law, common law which
includes the family law and divorce, personal injury law and housing law. Even they work
considerably depending in the level so their expertise and in the area of et law in which they
practice. They advice the clients so the law related and the strength of the cases and provide them
with a written opinions which will help the clients in their future requirements. Barristers will
advise on the behalf if the clients and the client;s solicitor in the court by presenting their case
and examining witnesses including cross examining which are responsible in giving the reason
regarding the court in context of supporting the case(MacLaurin and Thomson, 2018.). They will
negotiate the settlements with the other side. Some barristers are self employees and others are
employed say solicitors firms are advising the clients directly or they can also advice them in
agencies such as Crown prosecution services(CPS) or in any of et specialised legal department of
industry, commerce, charities or central and local government which advising only the
organisation in which they work.
Overall it can be said that the Barristers who are self employed work in offices or
chambers which may or may not they can share with the other barristers. The barristers are

required to get training and after gaining the training session some of teem get the permanent
position which is known as tenancy in given set of chambers the permanent barristers get
chambers they all re independent of each other so they are in the positions to act on et different
sides in the same legal disputes whereas solicitors working in the same law will get prevented
from doing the same as there may be a chance of conflict of interest(McBride, 2016).
Barristers are kept independent and prevented from picking and selecting the cases of
their choice of which they want to world by Cab Rank Rule. This rule prohibits the barrister from
refusing from the case given to them. Generally barristers who are self employed cannot be
directed and instructed by the clients directly as they are needs to be briefed by the solicitor first
and after the case is handed over to the barrister if solicitor find it complex and difficult to
solve(Taylor,2018). There are some exceptions also and one of it is as barrister is the member of
the public Access scheme which enables the members of the public that they have right to go
directly to the barristers for any legal advice they required and representation.
Real divergence in the respective role of the legal professionals in common law of
obligations explores particular departures from the mainstream and cause and effect relationship
of those departures. Some divergence can be justified on some basis of need and requirement to
adopt the law of contract(Smyth, 2017). Barristers can be distinguished from solicitor gives the
legal advices and helps in representing the clients in the courts whereas barristers are called and
hired by the solicitors and contracted by them so that they can provide and give the legal advice
in particular area in which they are specialist and having special knowledge in their respective
fields when the case in brought to the court for solving the issues.
There are some other legal professionals also which are considered namely as judge,
Attorney- general, solicitor -General, Director of public prosecutions. These all are the specific
differentiate roles who have different independent activities which they are required to perform
as part of their professionalism to fulfil the needs and wants of the client to solve their
cases(Mordovcev, Mordovceva and Mamychev, 2015). Solicitors are required to wok with other
private practice and are generally the first resort of all foe the client to whom they can go ad
discuss their issue regarding the case is to e carried and clients can generate the legal advices
from solicits. They are also employed in the government departments and other commercial
business.

The law society is basically the professional body which is representing the solicitor on
the other hand barristers does not deal with the public directly. The members of the public can
meet and deal with the barrister through the medium of solicitor who will represent the client
case to the if the case is complex to solve at the hands of the solicitor(Levasseur, 2018). To
become a barrister membership of the one of the four Inns of court in London is required. The
Inn provides supports to the barrister and the student barrister through a different range if
educational activities. The main and crucial role for the barristers to involve going to the court.
Especially to the higher level of the court that is high court. They write briefs, legal advice, guide
and also provide the expert opinion for difficult and complicate cases(McBride, 2016). Solicitors
have their own professional association known to be as Law society. The law society is
authorized by the act of the law, by different other high ranking judges and law chancellor to
regulate and run the education and admission of solicitors. The law society is making an effort to
raise the standards of the solicitor profession in order to improve their reputation.
The field of action of the solicitor is basically versatile and cannot be easily displayed,
the solicitor stays in direct contact wit the clients to solve the case and their issues and in
addition to this they also give the legal advice regarding the issue(Summerfield, 2018). Solicitor
is responsible for preparing the lawsuits for the clients and represent their parties personally in
lower courts which are country courts, tribunals. In the cases of the high court where there is
necessary requirement of availability of the barrister and there solicitor acts as an agent.
Sole practitioner being another body of legal professional works on their own and having
no partners and usually handles the small cases most of them which deals with the subjects such
a s family law, employment law, and the housing law.
Judge as a legal professional and a part of the English legal system for the justices of the
peace at magistrate court, they need a practice for several years as a barrister or solicitor with a
good reputation. With the suggestion of the Lord chancellor country court judges are appointed
by the crown. They also need to practice as a barrister for At least of seven years before they can
be suggested for the post of the judge in the court(Smyth, 2017). For practising in the high court.
Judges need to be suggested by the lord chancellor by performing their efficiency of solving and
handling the cases and the issues. Judges at the court of appeal are generally appointed by the
Queen as recommended by the prime minister they also need to experience as a barrister for art
least 15 years.

Attorney General and solicitor general are the professional who advices the crown legal
issues and they act as a plant ff for the crown in very important and crucial cases. The Attorney
General is basically member of the House of commons and is also considered as a barrister
giving the high reputation. This required to be the true for the solicitor general also which is
basically the agent of the Attorney general s both belong to the ruling parties in the parliament.
They are appointed by the power of the prime minister(Taylor, 2018).
Director of the public prosecutions gives and provides the advices to police and other law
enforcement agencies and they are nit a political civil servant. To become a director of the public
prosecutions applicants need to have at least ten years of practical experience with a good and
strong reputation.
Hence, it can be concluded that is real and great divergence in the different legal
professional of the English system as they all, have different activities which they have to
perform as a part of their job and profession and to satisfy the client by living and undertaking
their cases legally in their hand. The legal professionals have different qualification and required
to fulfil the conditions which are mentioned in the legal guidelines for performing the specific
roles.

REFERENCES
Chang, Y.C. and Smith, H.E., 2019. Convergence and Divergence in Systems of Property Law:
Theoretical and Empirical Analyses. Southern California Law Review. 92(4).
MacLaurin, J. and Thomson, J., 2018. Interview with Solicitor-General Joshua Thomson
SC. Brief. 45(11). p.7.
Miller, K., 2017. Flos Greig: Solicitor, Woman, Pioneer. Victorian Historical Journal, 88(1),
p.89.
Mordovcev, A.Y., Mordovceva, T.V. and Mamychev, A.Y., 2015. The convergence of law: The
diversity of discourses. Mediterranean Journal of Social Sciences. 6(3). p.262.
Pargendler, M., 2018. The Role of the State in Contract Law: The Common-Civil Law
Divide. Yale J. Int'l L.. 43. p.143.
Schwabach, A., 2015. Convergence and divergence: the treatment of certain aspects of real
property under the Civil Codes of Qatar and California. International Review of Law,
p.7.Schwabach, A., 2015.
Smyth, C., 2017. The reality of AML for solicitors:'A fundamental attack on the civil rights of
clients'. Proctor, The. 37(4). p.24.
Smyth, C., Shepherd, S. and Budden, S., 2017. Food for thought: Solicitors as
advocates. Proctor, The. 37(11).p.20.
Summerfield, A., 2018. The representation of children in public law proceedings.
Taylor, I., 2018. Who is a barrister..?. Bar News: The Journal of the NSW Bar Association,
(Autumn 2018), p.84.
Taylor, I., 2018. Who is a barrister..?. Bar News: The Journal of the NSW Bar Association,
(Autumn 2018). p.84.