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Work Carried Out By A Barrister And A Solicitor

1072 words - 4 pages

Work Carried Out by a Barrister and a Solicitor

The legal profession in England and Wales is divided between
solicitors and barristers. Both are trained in law but serve different
functions in the practice of law. Barristers act primarily as
advocates with rights of audience in all courts within the
jurisdiction. Some solicitors now have extensive rights as advocates,
but the Bar is uniquely linked with court work and the presentation of
the lay client's case before it. However, many barristers hardly ever
appear in court; they undertake specialist advice, given to clients in
‘cons’ or conferences, and they prefer to avoid the uncertainties of
litigation.

They may also give extensive written advice or draft legal documents.
They do not deal with the public (or lay clients) directly, but
through the intermediary of a solicitor. Solicitors are approached
first by the clients in need of legal advice and then if specialist
advice or representation in the higher court is needed, the client is
referred to a barrister. Barristers also prepare written advice,
called an opinion, if asked by a solicitor in a particular case.

Solicitor is a type of lawyer in many common law jurisdictions. In
these systems the legal profession is divided into two kinds of
lawyer: solicitors who contact and advise clients and have limited
rights of audience in court, and barristers or advocates who argue
cases in every court. In cases where a trial is necessary a client has
to hire a solicitor, who will advise him or her and then may retain a
barrister on his or her behalf.

Before the unification of the Supreme Court in 1873, solicitors
practised in the court of Chancery, while attorneys and proctors
practised in the common law and ecclesiastical courts respectively. In
the English legal system solicitors have traditionally dealt with any
legal matter apart from the conducting proceedings in court
(advocacy). The other branch of the English legal profession, a
barrister, has traditionally carried out that function and advised on
complex areas of law. Barristers would not deal with the public
direct.

There are over 60,000 solicitors practising in England and Wales and
their work varies enormously. A solicitor's job is to provide clients
(members of the public, businesses, voluntary bodies, charities etc.)
with skilled legal advice and representation, including representing
them in court. Most solicitors work in private practice, which is a
partnership of solicitors who offer services to clients. Others work
as employed solicitors for Central and Local Government, the Crown
Prosecution Service, the Magistrate's Courts Service, a commercial or
industrial organisation or other bodies

Until recently, the most obvious difference between the two
professions was that only...

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