Explain the difference between the role of a Barrister and that of a Solicitor. In giving your answer you should discuss how they are trained, paid, and what they do. Reference should also be made to discipline, liability etc.
Written by Zoe Mead (AS Law Student)
Within this essay I am going to discuss the difference between the role of a Barrister and that of a Solicitor. In order to obtain my answer I will look at all aspects of work that both Barristers and Solicitors undertake, including how they are trained, paid and what they do. I will also refer to discipline and liability.
BARRISTERS
TRAINING
Barristers are looked upon as the senior branch of the Legal Profession. In order to become a Barrister a certain amount of education is required. A degree of at least Upper Second Class Honours is needed. The student needs to have a degree in Law, although if they have a degree in another subject they must then convert the degree by taking the Common Professional Examination or a Postgraduate Diploma in Law. After this academic training a prospective barrister is required to join one of the four Inns of Court, these being:… Grayís Inn
… Lincolnís Inn
… Middle Temple
… Inner Temple
Part of the students training is to dine at The Inns, which they must attend 12 times, though there is now an alternative to dining at The Inns. Instead of dining at The Inns, a student can now attend additional educational forums, such as weekend residential courses. A training Barrister must also undertake a vocational course, called The Bar Vocational Course. The Bar Vocational Course can now be done at several institutions that have been authorised to run the course, but before this the course could only be done at the Inns of Court School of Law in London. After completing their Bar Vocational Course a training Barrister receives their vocational qualification at their decided Inn of Court ceremony. This is more commonly known as being ëcalled to the barí. After completing their Bar Vocational Course a training barrister must then carry out 12 months pupillage alongside a senior barrister. Once the training barrister has completed this final part of training the barrister is then qualified. Once qualified the barrister is then self ñ employed, although usually they would join a set of chambers.
PAYMENT
Training barristers do not usually receive a salary. Although, some chambers do pay up to £6000 to barristers for pupillage. Trainees have to pay for their own specialised clothing, books, travelling and living expenses. Once qualified and receiving cases, a barrister can expect to wait for up to 18 months to get paid for the case he has been a representative in. At the moment a barrister cannot sue their client for late payment or lack of payment. Due to the expenses of training to be a barrister and having to pay for everything themselves most training barristers leave the profession within the first 2 ñ 3 years because they experience financial problems. Therefore this has lead to barristers being stereotyped as wealthy, middle-class people as only they have the resources to withstand the early financial problems. It is thought that training barristers need to rely on financial support provided by their parents during the early years of their career. I believe that due to this outlook upon a career as a barrister The Bar Council has developed an aloofness from the general population. It is excluding people from a lower ñ class background due to the fact that they will probably not be able to withstand early difficulties.
WHAT THEY DO
Barristers are thought to be the senior branch of the law profession. Therefore they are more specialised than solicitors, and provide further specialised advice to their client. Barristers can also represent their client in the higher courts. If approached and asked by a solicitor a barrister may prepare written advice, called an opinion, though the solicitorís client is under no obligation to take the written advice or opinion. There are two types of ranking in the English Bar, the junior counsel and the Queenís Counsel. The Queenís Counsel is for the more advanced and senior barristers. After a barrister in the junior counsel has been in practise for 10 years he or she may then apply to become a Queenís Counsel, though many are refused on their first application, so one of the main keys in applying is persistence. A barristers main role is to provide advocacy and written advice.
DISCIPLINE
Barristers are governed by the Bar Council as well as the four Inns of Court. One of the disciplines that barristers have to follow is that they must attend 12 dinners at the Inns of Court or alternatively, attend additional education forums. Barristers have to refrain from discrediting or bringing shame to the profession. In doing this they must not be involved in any dishonest acts of misconduct. There is also a rule called the ëcab ñ rank ruleí, which means that a barrister cannot refuse to represent somebody.
Barristers cannot sue for lack of fees or late payment; they must wait for the client, and sometimes may not get their payment for up to 18 months. Barristers are not allowed to have direct professional access to their client. Barristers cannot directly advertise their services but may promote their services. They must work independently and are self-employed, although most barristers join a set of chambers.
SOLICITORS
TRAINING
Solicitors are known as the general practitioners within the Law Profession. Solicitors begin their training alongside barristers. They also need a law degree and common professional examination or a postgraduate diploma in law. After this training, academic training is focused their future practise. A solicitor must then attend a college of law run by the law society or an authorised university in order to take the legal practise course. The next stage of training is apprenticeship, which involves training with a practising solicitor. During the period of apprenticeship students are known as ëtrainee solicitorsí. Trainee solicitors will be paid the minimum wage.
After training is complete and a student is a successful solicitor they have their name put on the roll of solicitors, which is kept by the Master of the Rolls. Solicitors are then organised and begin work within a firm. They are not self ñ employed.
WHAT THEY DO
Solicitors may specialise in many aspects of law, although they look to barristers for expertise. Aspects of solicitors work include:
… Probate
… Litigation
… Commercial work
… Employment work
… Matrimonial work
… Personal injury
Solicitors used to have the right to conveyance but have recently lost that exclusive right. A solicitor will be the first legal professional to be contacted by a person in need of legal advice for whatever reason. Before the Courts and Legal Services Act 1990 the only way to gain access to a barrister was through a solicitor, although now other professional may approach a barrister, such as accountants. Solicitors have been allowed to represent their clients in the magistrateís and county courts for a while now, but more recently, since the Courts and Legal Services Act 1990, a solicitor may appear in higher courts if they hold a certificate of competency. Solicitors have wider rights of audience than barristers and are allowed to advertise their services.
DISCIPLINE
Solicitors are governed by the law society. The law society are responsible for governing education, training and professional conduct. Solicitors, like barristers can be sued for negligent advice. They are also liable for any loss resulting from negligent advocacy.
ANALYSISAfter collecting and reviewing my evidence to decipher the differences between barristers and solicitors I have found that many aspects of their training and work differ greatly. The first stage of training, getting the qualifications to study law further is done together. Both solicitors and barristers need a degree in law and a common professional examination or a postgraduate diploma in law. The differences begin to occur after the degree has been completed. A solicitor must then go to law school, whereas a barrister will attend the bar school and Inns of Court. Both solicitors and barristers must undertake a vocational course, solicitors doing a law practise course and barristers doing the bar vocational course. Solicitors must then complete two years apprenticeship or traineeship and barristers must do one-year pupillage alongside a qualified barrister. After successfully completing their training a barrister will join the Inns of Court or The Bar Council, a solicitor will join the Law Society. Barristers are self ñ employed and work independently, but solicitors will join a firm or work in a partnership. The advantage of being a solicitor is the fact that because they are not self ñ employed they will receive a regular salary, whereas a self ñ employed barrister may not receive cases regularly, therefore they do not have a regular salary. Barristers may also have to wait up to 18 months for payment from a case. These factors all contribute to the reason that barristers are stereotyped as wealthy people, because only they have the financial support to cope with irregular work and irregular payment. Barristers are also restricted by the fact that they are not permitted to advertise their services, although solicitors can. Both solicitors and barristers can be sued for negligent advice. Another difference is the fact that a solicitor is allowed direct contact with their client and a barrister cannot. I have discovered that all these differences help to conclude the fact that barristers are looked upon as the senior branch of the law profession and solicitors are thought to be the general practitioners.
October 2002.