1. The Legal Profession in England
UNIT 6
The Legal Profession in England

2. The Legal Profession in England - two branches
SOLICITOR
BARRISTER

3. 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)

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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