UK Legal System: Solicitors, Barristers, and Client Access to Justice

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This essay provides an in-depth analysis of the UK legal system, focusing on the roles and responsibilities of solicitors and barristers. It examines the distinctions between these two types of legal professionals, highlighting their specific functions in handling different types of cases, from civil matters to complex criminal proceedings. The essay explores the ethical considerations within the legal profession, particularly concerning client access to justice and the potential impact of legal fees. It discusses the advantages and disadvantages of the UK's dual system, considering whether it effectively balances the need for specialized legal expertise with the affordability of legal services for clients. The discussion includes the historical context of the legal profession and the evolution of regulations, such as those set by the Law Society and the Barristers Association. Furthermore, it addresses the balance between ethical considerations and the financial implications of legal representation, considering whether the current structure ensures that clients receive fair and effective legal representation.
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Business Law & Ethic
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Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
Discussion about two types of lawyer in UK. Also, are the customers getting real access to
justice or simply reaped off by unwarranted expensive legal fees?............................................3
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7
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INTRODUCTION
Legislation of a nation is backbone of success. It is necessary to be understood that any of
the law and regulation which are formed by the government parties must be followed in any of
the aspects as it is the only key way to attain success in any of the sector. At the same time,
ethical values should be focused because that automatically allows the person to decide between
right and wrong which is very much important in current scenario. It is equally important that at
the time of enforcement of any law, proper focus is being given on ethical values for attain
effective result. In aspects to the file, important discussion is to be done on the professional field
of lawyer in UK and what are the main reason to distinguish between lawyer. Also, whether this
process is just reaping off client or not with the support of expensive fees.
MAIN BODY
Discussion about two types of lawyer in UK. Also, are the customers getting real access to
justice or simply reaped off by unwarranted expensive legal fees?
In present scenario, UK is among one of the nation which is very popular for its
specialisation in legal system. They simply do not allow any of the loop wholes due to which any
of the person or any specific sector has to suffer which is just because of the strategy they follow
for forming the laws and regulations (Graw and et. al., 2019). Legislative bring different types of
amendments looking at the situation so that their goals can be accomplished. Similarly, they have
worked into legal professional field where they have distinguished the roles and responsibility of
lawyers so that clients don’t have to suffer in any of the situation. Here, lawyers have been
categorised into two categories i.e., Solicitors and Barristers. Both of them have equal
importance but their roles and responsibility are completely different then each other. In order to
understand about the concept of solicitor and barristers, information has been framed below:
Solicitors: This are the lawyers in UK who has been assigned the role to deal with case at
initial level and work in that respective manner so that problem can be resolved easily. But, if in
case problems are not being solved then in that respective condition, solicitors can further
recommend the case to barristers. All of the work and responsibility which is being assigned to
solicitors are given as per the guidelines of Law Society of England and Wales (Kochupillai and
Brinkmann, 2019). This types of lawyers are those who needs to deal with the types of issues
which is relate to civil nature such has commercial issues, will related problems, contract law
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and many more. Here, solicitors focus that how they can resolve any of the problem in short time
period with effective result coming around.
Barristers: It is one of the most important profession in current for dealing out the cases
which are complex in nature and those cases which cannot be solved with the help of solicitors.
This types of lawyer are well experienced and tries to work in the favour of client where they
themselves deal with each and every situation without involving client in any of the court matter.
In addition, client charges higher amount of fees in it which sometimes create issues for the
client. The lawyer which falls under the category of barristers has to understand that they have to
mainly deal with criminal cases or even with those cases which are complex in nature due to
which longer time period is taken in it which incurs higher charges for client (Chaudhry and
Berger, 2019). All of the lawyer has to register themselves under Barristers Association which
means that all of the guidelines are required to be followed of association for making any of the
decision.
Different nation has different way of managing the system where UK government
believes that having two different types of lawyer can simply allow to obtain effective result
which is very much important in current scenario. Several nations have the opinion that even
single lawyer can be enough to resolve case because other specific process might be lengthy and
expensive too. In context of UK, the main purpose of distinguishing the lawyer is just to ensure
that new commerce who has to register themselves under solicitors will also get the rights to
collect practical knowledge which is very much important in this particular field. Here, solicitors
will gets the opportunity to explore themselves where they can charge lower amount of fee for
sorting out the case which is very much important. But, there is the concept that any of the
solicitors thinks that if they are not able to resolve the case then they must handover the case to
barristers so that time and money both can be saved. Even there was a popular case in 1969
between Rhondel v Worsley which shows that client is able to report the case against solicitors
if they are not working as per the guidelines (Ciulla, 2020). This particular scene was not
available for barristers but there was one of the incident took place where judges in the case
between Hall v Simons (July 2000), said that even case can be filed against barristers as well if
they do not perform their part of work as per the requirement (Young, 2019). All of this facts
shows that distinguish among lawyers has been effective for the legal system of UK.
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In present, while analysing the situation in detail, it is necessary to understand and
present the facts that the process of solving the case in UK is quite easy as compared to other
nation. Although, there are some of the circumstances where it can be said this process is lengthy
in obtaining the result but at the same time it needs to be express that this situation is not
applicable in each of the case. Lawyer after analysing the situation try to resolve the case in it
due to which it becomes easy for them to present facts will allow the person to think that result
can be obtained in short duration (Concept and Differences between a Lawyer, a Solicitor and a
Barrister in UK, 2019). The percentage of cases which is being resolved through this particular
process is quite high as compared to other nation due to which it can be explained that people’s
money which they spend upon legal profession is not going into vain which is the best part of
this respective legal professional system.
In addition, there are different laws and regulation which has been formed by the
association of legal professional which simply says that each of the lawyer will work after
considering ethical values. It is simply allowing the people to understand that they will not try to
create any of the situation due to which chances of fraud can be generated which is very much
important in it (Mladenovic, Martinov-Bennie and Bell, 2019). Although, there are some of the
chances where high charges may occur if client is unaware about the situation and doesn’t able to
present the facts but at the same time then this particular process may become expensive for
them. It means that client should also be active towards his or her responsibility so that they can
easily deal with any of the situation.
In short, it can be said that the process on which UK government is sustaining for
declaring any of the result in legal matter is effective. Although, process seems to be complex in
nature and expensive in nature but still it simply doesn’t allow any of the person to take any of
those decision due to which client has to suffer (de Bakker, Rasche and Ponte, 2019). At the
same time, this particular method of resolving any of the case has increased the percentage of
obtaining the result in any of the legal case.
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CONCLUSION
As the analysis done within the file, it can be easily analysed that laws has its own important
where different nation may have different guides where major focus is to being effective result
along with peace and silence. Legal Professional in UK has been divided into two categories but
both of them has different roles and responsibility where they mainly work for attaining the
results. Adaptation of different legal professional process might be expensive one but it will
certainly allow to accomplish the goals for which an individual try to take legal advice.
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REFERENCES
Books & Journals
Graw. S. and et. al., 2019. Understanding business law. LexisNexis Butterworths.
Kochupillai, M. and Brinkmann, J., 2019. Law, Business and Legitimacy. 2020), Handbook of
Business Legitimacy: Responsibility, Ethics and Society, Springer-Nature,
Forthcoming.
Chaudhry, R. A. and Berger, P. D., 2019. ETHICS IN DATA COLLECTION AND
ADVERTISING. GPH-International Journal of Business Management→, 2(07), pp.01-
07.
Young, C., 2019. Putting the Law in Its Place: Business Ethics and the Assumption that Illegal
Implies Unethical. Journal of Business Ethics, 160(1), pp.35-51.
Mladenovic, R., Martinov-Bennie, N. and Bell, A., 2019. Business students’ insights into their
development of ethical decision-making. Journal of Business Ethics, 155(1), pp.275-
287.
de Bakker, F. G., Rasche, A. and Ponte, S., 2019. Multi-Stakeholder initiatives on sustainability:
a cross-disciplinary review and research agenda for business ethics. Business Ethics
Quarterly, 29(3), pp.343-383.
Ciulla, J. B., 2020. Is Business Ethics Getting Better? Business Ethics and Business History.
In The Search for Ethics in Leadership, Business, and Beyond (pp. 165-175). Springer,
Cham.
Online
Concept and Differences between a Lawyer, a Solicitor and a Barrister in UK. 2019. [Online].
Available Through: <https://www.hg.org/legal-articles/concept-and-differences-
between-a-lawyer-a-solicitor-and-a-barrister-in-uk-18875>
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