THE LEGAL PROFESSION

In most countries there is only one legal profession. This means that all the lawyershave roughly the same professional education leading to the same legal qualifications,and they are allowed to do all the legal work that has to be done. In England the system is different. Here the profession is divided into two types of lawyers, called solicitors and banisters. Solicitors and barristers are qualified lawyers,but they have a different legal training,they take different examinations to qualify, and once they qualified they usually do different types of legal work.

Barristers specialize in arguing casesin front of a judge and have the right to be heard, the right of audience,even m the highest courts. They are not paid directly by clients, but are employed by solicitors. Judges are usually chosen from the most seniorbarristers, and once appointedthey cannot continue to practice as banisters.

Solicitors do much of the initial preparation forcases, which they then hand tobarristers to argue in court, as well as legal work, which does not comebefore a court.They draw up wills, give advice in the field of business,make all the legal arrangements for buyingor selling land, assistemployees and employers in cases involving allegations of unfair dismissaland redundancy payments, handle divorce and child care.They also deal with litigation,which is settled out of court.Solicitors have the right of audience in lower courts, but in higher courts, such as the Court of Appeal, they choose a barrister who argues their case in court.

In general, it can be said that a banister spends most of his time either in a courtroomor preparing his argumentsfor the court and a solicitor spends most of his time in an office giving advice to clients, making investigationsand preparing documents.

Many people believe the distinctionbetween barristers and solicitors should be eliminatedin England, as it has already happened in Australia. The government is considering various proposals,but there are arguments for maintaining,as well as removing, the division.

Date: 2016-04-22; view: 3540