Business Law and Ethics Report: Solicitor vs Barrister

This report, prepared for a Business Law and Ethics module, delves into the structure of the UK legal system, specifically focusing on the roles of solicitors and barristers. It begins with an introduction to the two types of lawyers and then examines their respective functions, responsibilities, and areas of expertise. The main body of the report provides a detailed comparison of the two roles, discussing their advantages and disadvantages, particularly in terms of cost-effectiveness and the quality of legal outcomes. The report also considers the perspectives of both satisfied and dissatisfied clients, offering a balanced view of the system. It highlights the benefits of the UK's two-tiered system, such as specialization and expert opinions, while acknowledging criticisms regarding expenses. The report concludes by summarizing the key findings and emphasizing the significance of the solicitor-barrister structure in delivering justice within the UK legal framework. References to relevant legal cases and academic sources are included to support the analysis. This report is a valuable resource for students studying business law and ethics.

BUSINESS LAW AND
ETHICS

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
Two types of lawyers; Solicitor and Barrister.............................................................................3
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
The legal profession of the United Kingdom has comprised with two types of lawyers
named Solicitors and Barrister. Generally, a solicitor is called as a junior lawyer, on the other
hand, a barrister is called as senior lawyer. On the basis of some critics, one lawyer term is too
appropriate to different clients and customers. Reason is, two types of lawyers mainly increase
expenses of clients or customers. The report mainly discusses that, United Kingdom’s two
lawyer system is appropriate to different customers or just reaped off by unwanted expensive
fees. Some additional legal factors also have been discussed in this report.
MAIN BODY
Two types of lawyers; Solicitor and Barrister
Currently legal system in the UK is unique than lots of other countries because there are
two types lawyers works within the United Kingdom’s different courts, called; solicitor and
barrister. Many of people in the country are satisfied with this concept of lawyers (Miller, 2017).
This is the main reason that, both solicitors and barristers are continually working within this
country’s legal system from the previous many decades. Basically, a solicitor mostly provides
general legal suggestion and advice on different of issues. 1995’s Dowling & ORS V Bennett
Griffin insurance-based case is the best example of solicitor. Then, barrister is commonly a
specialist and expert in the few legal fields that solicitors has instructed on behalf of their clients
for appearing within the court. There are case of Clack V Wrigley’s based on shares’ security is
the best example for showing barrister role. and Both plays great role within this UK’s legal
system. On the other side, many people within the UK has not satisfied with these two types of
lawyers’ system.
On the basis of these people, there are two types of lawyers just increases the expenses of
customers and clients. Reason is, when a person hires these lawyers, then these both takes their
respective fees, so the system of one lawyer is the most appropriate that currently has followed
by many of countries in the world. However, when we deeply analyse, then we found that United
Kingdom’s two types of lawyers’ system is few expensive, but this system is too effective than
one lawyer system. Currently most customers are taking lots of advantages by these both
lawyers, because these can provide too excellent outcomes to each customer within the UK’s
legal system. Basically, most of the time just the truth wins within this country’s legal
environment with the help of two lawyers’ system, and that’s why this legal system is very
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popular within the United Kingdom (Ryder and Pasculli, 2020).These lawyers always deal with
different cases within the UK’s legal system. Basically, most people or customers chosen a
solicitor for a common or ordinary case, because a solicitor lawyer is enough for providing
appropriate legal suggestion and advice to customers within the UK. On the other hand, when a
customer or client wants to fight big case within a specific field, in which it contacts to the
barrister, because a barrister always deals with any specific legal case which is based on a
specific field. Generally, there are various cases has registered within the United Kingdom’s
different courts on daily basis, in which these both lawyers are the only people who has provided
favourable justice to many of people, customers and clients within the courts.
The court of UK can be categorised as the only curt where the roles of barristers and
solicitors have been categorised separately under the similar term of lawyers as compared to
other countries where the person is only a lawyer and can perform the duties of both the
advocates as well as litigators as and when the job role demands them to do so (Davies and Woo,
2018). Here the training and education of the lawyers covers the study of the different aspects
collectively where they are taught the responsibilities of both the job roles to a single person
rather than segregating them as they do not find the need to do such classification. The case of
Ramrakha v Zinner illustrates that the duties of a solicitors are segregated as compared to the
ones given by barrister or lawyers and hence it is necessary to keep them segregated. Based on
the scenario or the case that they are fighting, the lawyer can become a litigators performing the
necessary paperwork, taking to clients etc. and can also perform the duties of barristers where
they can fight the case in front of local, high or even supreme courts and based on the backup
and support that they receive from fellow colleagues and their clients (Webley and et.al., 2016).
Thus ultimately leads to quickening of the overall process of the decision making and justice is
served much quickly at comparatively lower costs as well thus not affecting the other activities
as well.
There are many significant advantages of the legal system that is prevalent in the other
countries as opposed to the system of barristers and solicitors. The first advantage is that since
the training is almost similar for the lawyers, the additionally cost is not incurred in giving
repetitive training to the individuals (Sinenko and et.al., 2020). This helps in saving up the
unnecessary costs that are incurred and also vests the person becoming lawyers with greater and
diverse rights. The case of R v Parsons can be used as evidence where the entre defence counsel
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was removed in this murder case. They will be able to represent their clients and fight cases on
their behalf and on other days the same lawyers can indulge in paperwork formalities or other
services like giving consultancy services to the clients, guiding them throughout the procedures,
visiting them from time to time at their regarding their cases etc. Additionally the client also does
not have to pay separately for the fees of barrister as well as solicitor thus reducing their overall
expenditure as well. The lawyer is informed in a much better manner as the entire paperwork is
also completed by them and hence the evidences etc. can be produced more quickly thus
increasing the efficiency as well. Therefore there are a multiple number of advantages that are
incurred in the single lawyer system as opposed to the current legal system of UK (Kritzer,
2017).
The flexibility in the decision making, the quickness, the saved costs etc. all at once point
out the fallacy in the existing system of UK but if it had been gullible to this much extent then it
would surely have been replaced by the trends that other countries follow. However, such a thing
has not been done because of the fact that there are some critical advantages that are inherent in
the current legal system of UK. The clear segregation that has been conducted in the training and
education as well as the job roles of the solicitors and barristers helps in the development of the
specialists that are able to give an expert opinion. The case of Re Regina and Speid illustrates the
necessity of keeping oneself out of conflict of interest between the new and the former client.
The single lawyer system is not able to give the specialist service because they are not trained in
this manner but the barristers can give the expert suggestion in the case (Drewry, 2018). This
helps in developing excellent results and serving justice in the most justified manner and this is
probably the reason why the case laws of UK are the most used, referred and trusted laws all
over the world by different economies.
Further the separation in the roles of solicitors and barristers also help in avoiding the
formation of any personal attachment and compromise on the basic rule of keeping the
professional detachment intact. When there is a single lawyer who is performing all the
necessary paperwork, collecting evidences etc. there is automatic formulation or inclination
towards a certain perspective but when the solicitor is tasked with the job of collecting evidences
and completing paperwork, barrister is able to keep themselves aloof and develop a critical
approach towards the case that has been undertaken (Hunter Jacobson and Kirby, 2018). As it
was illustrated in the case law of MR v/s Cox, it can be illustrated from the viewpoint of Lord
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Cozens Hardy that a solicitor is usually involved with both the parties collectively and they
undertake a huge responsibility by avoiding biasness incorporation. This ultimately avoids the
incorporation of biasness in the decisions that are being taken on a judgmental basis. The
standard of advocacy being implemented also gets affected which in turn affects the chances of
winning as well.
Further, on closer inspection it can be even understood that the cost is more or less similar to
the other legal systems because the fees of the lawyers and all the different charges, penalties etc.
that are incurred in the single layer system sum up to be equivalent to the total amount that is
charged by both barristers and the solicitors thus proving that the cost aspect is almost equivalent
(Boon and Levin, 2016). The time taken is also comparatively lower than that utilised in the
single lawyer system because there the lawyer themselves have to collect all the evidences etc.
and the coordination between the judge and the lawyer might also be a bit uncoordinated. But
here in UK the segregation of roles and proper integration helps in speeding up the overall
process of decision a making.
The major legal considerations that need to be included in the research include the
adherence to the laws and regulations that have been developed and the overall maintenance of
the reputation of the legal profession whether it is as a barrister or as a solicitor. The
accountability is another legal consideration that legal professional has to include in their code of
conduct and performing the necessary duties.
CONCLUSION
Collectively, the overall research helps in adequately stating that the sole basis of generating
lower expenses and time is not adequate enough to degrade the current legal system of UK. The
segregation of the role of solicitor and the barristers in UK is a properly justified and signifies
the expertise that the system has which ultimately helps in serving the best justice. It can also be
concluded that the comparison of the legal system shows that despite the apparent benefits of the
single lawyer system, there were multiple aspects of benefits that were highlighted in the existing
legal system of UK which proves the supremacy it has over other legal systems.
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REFERENCES
Books and Journals
Boon, A.N.D.R.E.W. and LEVIN, J., 2016. The Legal Professions. New Handbooks: Narratives,
Standards and Values’ Legal Ethics http://dx. doi. org/10.1080/1460728x.
Davies, G. and Woo, M., 2018. Navigating Troubled Seas: The Future of the Law School in the
United Kingdom and the United States. J. Int'l & Comp. L.. 5. p.43.
Drewry, G., 2018. Lawyers in UK Central Government: Key Specialists in a Generalist
Bureaucratic Culture. Osaka University Law Review. 65. pp.25-46.
Hunter, G., Jacobson, J. and Kirby, A., 2018. Judicial perceptions of the quality of criminal
advocacy: report of research commissioned by the Solicitors Regulation Authority and
the Bar Standards Board.
Kritzer, H.M., 2017. Lawyers’ professional liability: comparative perspectives. International
Journal of the Legal Profession. 24(2). pp.73-89.
Miller, K., 2017. Flos Greig: Solicitor, Woman, Pioneer. Victorian Historical Journal. 88(1).
p.89.
Ryder, N. and Pasculli, L. eds., 2020. Corruption, Integrity and the Law: Global Regulatory
Challenges. Routledge.
Sinenko, V.S., and et.al., 2020. Legal Representation in Russia and the United Kingdom: a
Comparative Legal Analysis. Journal of Talent Development and Excellence. 12(3s).
pp.1291-1296.
Webley, L., and et.al., 2016. Access to a Career in the Legal Profession in England and
Wales. Diversity in Practice: Race, Gender, and Class in Legal and Professional
Careers. Cambridge University, pp.198-225.
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