The Legal Profession in England UNIT 6 The Legal Profession in England

The Legal Profession in England - two branches SOLICITOR BARRISTER

The Legal Profession in England SOLICITOR drafts legal documents (conveyancing, drawing up contracts, drafting wills, administration of estates, family matters, formation of companies, criminal offences …) gives written advice traditionally represents in the inferior courts (Courts and Legal Services Act 1990 – have the right to apply for a certificate of advocacy in higher courts; Access to Justice Act 1999 all solicitors should be given full rights of audience) receives instruction from lay clients (e.g. the administration of estates, family matters, the formation of companies, criminal offences) instructs barristers on behalf of lay clients BARRISTER provides representation in the courts (has the RIGHT OF AUDIENCE in all courts) drafts legal documents for clients both general legal documents (eg. wills and contracts) and litigation documents (e.g. claim forms, particulars of claim and defences) provides expert legal advice (e.g. chances of success, advice on evidence and procedural matters) takes instructions from solicitors and from clients (Public Access)

Preparation of a trial in the superior courts SOLICITOR – takes instructions from the client SOLICITOR – prepares briefs and approaches the barrister BARRISTER – gives an opinion or represents the client at the trial

Public Access Scheme a scheme which enables members of the public and businesses to intruct a barrister directly to provide legal advice and representat in court (introduced in July 2004) allows lay clients to contract with (instruct) a barrister directly GOAL - introduced as a part of the wider scheme to make it easier and cheaper for the general public to access legal advice - all areas of the law come within Public Access, including criminal, family and immigragiton work; not availabel if the work is funded out of legal aid BENEFITS FOR LAY CLIENTS - lowers the costs – only one legal adviser is paid for – more able to afford the legal advice they need - direct access to specialist legal advisors and advocates - flat fee or “no win, no fee” agreements are available - a solicitor is instructed only if needed and on the recommedation of a barrister

L i a b i l i t y BARRISTER SOLICITOR NEGLIGENCE NEGLIGENCE DEFAMATION liable for NEGLIGENCE not liable for DEFAMATION BARRISTER (since 2000) liable for NEGLIGENCE in the conduct of a case

The Legal Profession in England SOLICITORS employed in private practice (alone or in a partnership firm) in industry and commerce in government departments in advice agencies BARRISTERS work independently in self-employed practice in groups called chambers (cannot form partnerships) and practice at the Bar as barristers as in-house counsels (may only represent their employer) in government departments

Training and Qualification SOLICITOR 3 STAGES 1) gaining a bachelor degree in law (LLB) or graduating in a non-law subject and complete a one year conversion course – postgraduate Diploma in Law (GDL) 2) Passing a one-year Legal Practice Course (LPC) + examination at the Law Society 3) working for 2 years as a trainee solicitor – a training contract (with a legal firm or in the legal department of a local authority or large company) admitted as a solicitor receives his Certificate of Practice

Training and Qualification BARRISTER 3 STAGES 1) gaining a bachelor degree in law (LLB) or graduating in a non-law subject and complete a one year conversion course – postgraduate Diploma in Law (GDL) 2) joining one of the Inns of Court + a one year The Bar Professional Training Course or BPTC (previously known as Bar Vocational Course); passing an examination (conducted by the Council for Legal Education); the call to the Bar 3) pupillage – a year long apprenticeship (usually at barrister’s chambers – learn how to prepare and present a case) - applying for tenancy in chambers Full Qualification Certificate the RIGHT OF AUDIENCE in any court of law in England and Wales

Two types of barristers Junior Counsel all practising barristers until they become Queen’s Counsel Queen’s Counsel the honour given to a barrister (or a solicitor with advocacy qualification) who has practiced law for at least 10 years (on the recommendation of the Lord Chancellor) to earn the right to wear silk gown ('takes silk' as it is called) and take precedence over other Barristers in the court 10% of the Bar take on more complicated and high-profile cases senior judges chosen from the ranks of QCs

Legal education in the USA 3 STAGES 1) undergraduate study (4 years) 2) law school (3 years) juris doctor (J.D.) 3) the bar examination (shortly after graduation; preparatory courses 3-6 days) BrE – barrister AmE – trial lawyer / attorney BrE – solicitor AmE – lawyer

Essential expressions - solicitor = niži odvjetnik - barrister = viši odvjetnik - the Bar = odvjetnički stalež - to call to the Bar = postati član Odvjetničke komore - to disbar = isključiti iz odvjetničke komore, oduzeti licencu - the Bar Council = Odvjetnička komora engleskih i velških viših odvjetnika - Law Society = profesionalno tijelo engleskih i velških nižih odvjetnika - a bar association (AE) (Croatian Bar Association) = odvjetnička komora - to serve articles to a solicitor = obavljati praksu kod nižeg odvjetnika - to qualify for Call to the Bar = ostvariti uvjete za dobivanje odvjetničke licence i prijem u Odvjetničku komoru - to undertake pupillage in chambers = obavljati odvjetnički vježbenički staž u uredu višeg odvjetnika - barristers chambers = ured višeg odvjetnika - to draw up/draft legal documents = sastaviti pravni dokument - a contract /a will = ugovor / oporuka - to give legal advice = pravno savjetovati - to receive instructions from lay clients = dobiti naputke (podatke) o predmetu od klijenta -to take instructions from a solicitor = dobiti naputke (podatke) o predmetu od nižeg odvjetnika - to brief a barrister = upoznati višeg odvjetnika s predmetom - a brief = kratki prikaz predmeta - to be liable for negligence / defamation = biti (pravno) odgovoran za nemar / klevetu - pleadings = pisani podnesci, parnični akti; to plead a case = zastupati u sporu

Vocabulary practice Find the terms containing the word BAR which match the following definitions. 1 a lawyer who is qualified to plead on behalf of clients 2 in the UK, a training course which enables people who wish to become barristers and who have registered with the Inns of Court to acquire the skills and knowledge to prepare them for the specialised training of the pupillage 3 a ceremony held at the end of this training course, when a candidate enters the profession 4 organisation regulating the legal profession 5 in the USA, an important test taken by law-school graduates which, when passed, qualifies a person to practise law 6 granted entrance to the legal profession 7 to compel a lawyer to stop practicing law due to an offence committed

Vocabulary practice – Answer key 1 a barrister 2 the Bar Vocational Course 3 the Call to the Bar 4 a bar association / a bar council 5 the bar examination 6 to admit to the Bar 7 to disbar

Talking to a barrister – Basic terms and expressions to do the preparatory work = pripremiti sve potrebno za suđenje u nekom slučaju to make a witness available = staviti svjedoka sudu na raspolaganje to learn the ways = naučiti sve potrebno za o sudskom postupku to be in custody awaiting trial = biti u pritvoru i čekati na suđenje at the trial = na suđenju to go into court = ići na sud landlord and tenant = stanodavac i stanoprimac to prosecute ≠ to defend – kazneno goniti ≠ braniti a defendant = optuženik, tuženik jury – a juror = porota - porotnik to appeal against = žaliti se na to cheat = varati to shoplift = krasti iz trgovine to observe the rights of other people = poštivati prava drugih the Central Criminal Court (the Old Bailey) = the Crown Court in the City of London – deals with major criminal cases from Greater London and (exceptionally) other parts of England

Vocabulary practice Combine the nouns in the box with the verbs below to make combinations to describe the work lawyers do. Some of the verbs go with more than one noun. cases clients contracts corporations decisions defendants disputes law legislation 1 advise 2 draft 3 practise 4 represent 5 research 7 argue 8 litigate 9 plead

Vocabulary practice - Key Combine the nouns in the box with the verbs below to make combinations to describe the work lawyers do. Some of the verbs go with more than one noun. cases clients contracts corporations decisions defendants disputes law legislation 1 advise – clients, corporations, defendants 2 draft – contracts, decisions, law, legislation 3 practise – law 4 represent – clients, corporations, defendants 5 research – cases, decisions, law, legislation 7 argue - cases 8 litigate – cases, disputes 9 plead - cases

Writing practice Make a short dialogue between a solicitor and a barrister using the following words and expression: witness to defend to prosecute custody jury at the trial