1. Qualifying as an English solicitor (training contract)
And an introduction to English law
4 April 2017
Philip Kim, Associate, International Arbitration, ,

2. Structure ENGLISH LEGAL PROFESSION
TRAINING AS A SOLICITOR (TRAINING CONTRACT ROUTE)
INTRODUCTION TO THE ENGLISH JUDICIAL SYSTEM
INTRODUCTION TO ENGLISH LAW

3. ENGLISH LEGAL PROFESSION

4. A barrister

5. A Solicitor

6. Barristers and Solicitors
Traditionally barristers:
Members of the Bar (takes its name from the wooden bar separating the public from those allowed to plead in court)
Take residence in one of the four Inns of Court where they are self-employed and practice from ‘rooms’ which are grouped into Chambers.
Are advocates and have rights of audience in all courts of England & Wales.
Specialise in various fields of law.
Are not authorized to initiate lawyer-client relations and must wait for work from solicitors.
Traditionally solicitors:
Deal directly with clients and known as general practitioners or “men of affairs”.
Have direct access to clients.
Have limited rights of audience.

7. Barristers and Solicitors
Historical accident:
Superior courts based in London and students of law would have taken accommodation and worked at ‘inns’. These eventually became the Inns of Court.
Today there are four Inns of Court remaining (Lincolns Inn, the Inner Temple, The Middle Temple and Gray’s Inn) and these are the home of the Bar of England & Wales
Process of training to become a lawyer was a long one and took a number of stages.
By the end of the 16th Century attorneys and solicitors began being excluded from the Inns of Court.
Courts then began refusing attorneys and solicitors rights of audience and by this was commonly recognized by judges.

8. Inns of court – lincoln’s inn

9. inns of court / chambers

10. Law society

11. Barristers and Solicitors
Today:
Courts and Legal Services Act 1990 means that solicitors can gain rights of audience in higher courts as solicitor-advocates.
Since 6 July 2004 the Bar Council relaxed their rules on directly instructing barristers.
International law firms have highly specialised professionals.
Both barristers and solicitors can become judges.

12. QUALIFYING AS A SOLICITOR (TRAINING CONTRACT ROUTE)

13. Qualifying as a solicitor (training contract route)
Law degree, or, non-law degree and conversion
Legal Practice Course
2 years training contract
Qualification and Practising Certificate

14. What is a training contract?
Training and education program
On-the-job training
Professional Skills Course (including advocacy and accounting)
Departmental Professional Development
Personal Development

15. Contentious & non-contentious mix Specialist areas e.g. Tax or IP
On-the-job training
4 seats of 6 months each
Contentious & non-contentious mix
Specialist areas e.g. Tax or IP
Overseas seat
Client secondment

16. Supervised by a partner or assistant
Supervision
Supervised by a partner or assistant
Supervisor shares office & monitors work allocation
Regular feedback on performance
Appraised 3 monthly - mid & end of each seat
Supervisor Training

17. Trainee Support Network
Training Partners
Trainee Partner for each department HR
Mentoring Scheme
Partners and Associates

18. My training contract experience

19. My training contract experience

20. First seat - corporate

21. Second seat – international arbitration

22. Third seat – shipping disputes

23. Fourth seat – energy (mining)

24. qualification

25. English judicial system

27. England & Wales court hierarchy
Supreme Court of the United Kingdom
Court of Appeal
Criminal Division
Civil Division
High Court of Justice
Queen’s Bench Division
Family Division
Chancery Division
Crown Court
Magistrates’ Courts
County Courts
Senior Courts of
England and Wales

28. An introduction to English law

29. The uk

30. The uk United Kingdom of Great Britain and Northern Ireland:
Acts of Union 1707 stated that Kingdoms of England and Scotland were "United into One Kingdom by the Name of Great Britain".
Acts of Union 1800 united Kingdom of Great Britain and the Kingdom of Ireland.
This creates the United Kingdom of Great Britain and Ireland.
Irish Free State established in 1922 (this became Ireland in 1937).
Royal and Parliamentary Titles Act 1927 leads to United Kingdom of Great Britain and Northern Ireland.

31. Three Legal Systems
There are three legal systems in the United Kingdom:
English law (which applies in England & Wales).
Northern Ireland law (which applies in Northern Ireland). (Acts of Union of 1800)
Scots law (which applies in Scotland). (Article 19 Treaty of Union, effected by Acts of Union 1707)
The first two are based on common-law based principles. Scots law is pluralistic.
Supreme Court of United Kingdom is highest court for all criminal and civil cases in GB and NI and for all civil cases in Scotland.
Judicial Committee of the Privy Council is the highest court of appeal for a number of Commonwealth countries, British overseas territories and British Crown dependences.

32. Common law
Law is made by judges sitting in courts applying legal precedent to facts.
This is known as stare decisis (let the decision stand).
The ratio decidendi (reason for the decision) of each case will bind future cases on the same generic set of facts.
There has been a system of official recording and reporting since 1865 (now called the Incorporated Council of Law Reporting for England and Wales) and a long standing tradition of commercial law reports.
As opposed to civil law where the laws are codified and judicial precedents are only persuasive.

33. Sources of law
European
Laws
Acts of Parliament
Equity
Common Law

34. Common law and the system of precedent
Local customs
Court precedent = subordination of later judgments to legal principles and regulations established in earlier judgments

35. Equity
Equity
Common law
Equity is a set of decisions adopted by the monarch pursuant to the petitions of nationals through the Court of Chancery until 1875.
In the event of any conflict the equity rules were applied.
Currently, the courts apply both systems of law: common law and equity

36. Legislation by the UK Parliament
Supremacy of the legislative branch
The court cannot challenge the effect of a Parliamentary act — British Railway Board v Pickin (1974).
Courts consider new legislative acts should be created by Parliament.
At present, the application and development of existing principles are governed mostly by common law and equity.
The legislature can modify or invalidate the existing principles of common law, amend or cancel preceding legislative acts.
European
Laws
Acts of Parliament
Equity
Common law

37. Subsidiary legislation (Subordinate regulatory acts)
Laws
Acts of Parliament
Primary legislation
Subsidiary legislation
(Subordinate regulatory acts)
Quasi-laws

38. EU Law The European Union
The European Union is a supranational organisation with its own legal standing, institutes and power to adopt and apply laws.
The main task is to harmonise laws in the European Union.
In 1972, The European Communities Act integrated EU law into the English legal system as a new source of law.
EU law prevails in the event of a conflict between national legal systems.
The sources of the European law
International treaties
Regulations automatically become a part of the UK law by virtue of the European Communities Act of 1972.
Directives must be put into effect by EU members to receive mandatory status (for example, the Renewable Energy Directive (2009/28/ЕС) setting forth a common framework for the development of renewable energy in the EU).
Decisions adopted by EU bodies pursuant to the law.