Foreword: There are two distinct branches under the legal system in England and Wales, those of solicitors and barristers. Solicitors tend to work together with others in private practice and are generally the first port of call for those seeking legal advice. Solicitors are also employed in government departments and commercial businesses. The Law Society is the professional body representing solicitors.
Barristers, on the other hand, do not generally deal with the public directly, but take their instructions from a soliciitor representing the client. Barristers then represent the client at court and present their case. The Bar Council is the professional body representing barristers.[1]
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The first lawyers and judges had their roots in 13th century. Rather in the clergy. Therefore the separation between the profession of a barrister and a solicitor. Even in the Roman Empire there was a separation into a consultor and such who brought and received legally binding arrangements. The first mentioned person who took place as a consultor gave advice and brought opinion to the court. Called “advocatus“. The second person who brought and received legally binding arrangements was called “procurator“. These functions are similar to the modern barrister and solicitor. A barrister represents his client in the higher court and a solicitor gives legal advice and manages the official correspondence.
To become a barrister or a solicitor requires study at law school, but not necessarily at a univerity. University undergraduates (p. ex. bachelor of law or bachelor of art) who want to study at law school afterwards do not need to pass all the regular theoretical exams. Education at law school is very related to practice.
To become a barrister requires membership of one of the four "Inns of Court“ in London. The Inns provide support for barristers and student barristers through a range of educational activities, lunching and dining facilities, access to common rooms and gardens, and provision of various grants and scholarships. One of the key functions of the Inns is their responsibility for calling barristers to the Bar. Anyone wishing to train for the Bar must join one of the Inns and it is the Inns alone which have the power to call a student to the Bar. Alongside this responsibility, the Inns also have a role in administering disciplinary tribunals to deal with more serious complaints against barristers.[[2]
Members can be lawyers or judges and moreover prospective barristers. Only benchers who are elder und adepted barrister can become chief executive officer (CEO) of an Inn which are voted by their members, it is a lifetime appointment. All four Inns have the Council of Legal Education in common which organizes education and exams of the affiliated law students.
The Council of Legal Education and the Board of Examiners jointly regulate entry to the Legal Profession. The role of the Council is to determine the requirements for admission, approve law courses and practical legal training providers and assess the qualifications of overseas practitioners.
The Board determines the eligibility of individual applicants for admission and provides the certificate upon which the Supreme Court relies when admitting an applicant to practice as a lawyer.[3]
For studies at an Inn an applicant needs to provide a comprehensive A-level, his good educational background and an unblemished reputation.
During three years of education a student needs to pass two main exams: The first part is theoretical, which university graduates usually are spared. The second part consists of practical courses and is an assumption and obligation for becoming a barrister (Bar Vocational Course).
At least after calling to the bar a young barrister has to pass a pupillage at with an experienced barrister which takes one year before she/he is allowed to practice law self-employed.
The main fields of pracice of barristers are going to the court especially to higher courts. On the one hand they make speeches in front of the court and on the other hand they form a brief, give legal advice and expert opinion for difficult cases. Usually they use briefs of professional clients, solicitors and accountants. The barrister analyze then the briefs and bring the results to the court. At the moment there are approximate 10000 barristers in England and Wales. Most of them have their offices in London. Their elite still forms the Queen's Counsels (approximate 10%) of which mostly the judges for higher courts are chosen. The Queen´s counsels are publicly known for wearing silk gowns. In the past the contact between a barrister and a client was not permitted therefore a client was forced to arrange a solicitor when they wanted their case pleaded by a barrister in front of the court. For this reason it was very important for a barrister to have good connections to solicitors who arranged new mandates. Although the Bar Council tries to change this tradition, the solicitor is still necessary for the barrister.
Also the solicitors have their own professional association which is called Law Society established in 1826. The Law Society is authorized by act of law, by law chancellor and a few other high-ranking judges to regulate education and admission of a barrister. Law Society had effort to raise the standards of the solicitor profession in order to improve the reputitation of its. Since 19th century the reputitation of solicitor is nearly the same as of the barrister. General admissions to enter the Law Society for expectant solicitor are similar to the admissions of barristers. General qualification for university entrance is required, a bachelor degree from a university ist not but it could be useful.
In order to become a solicitor the trainees need to pass four till five years apprenticeship as an articled clerk. Trainees spend this time at a practicing solicitor parallel to classes at the Law Society and has to pass two exams. The first exam is a theoretical which is not obligate for university graduated. After successful examinations and fulfill the articles the candidate request the Master of the Rolls for admission to the administated by him, official list of licensed solicitors, called Supreme Court Roll of Solicitors.
The field of action of a solicitor is versatile and can not be easily displayed. A solicitor stays in direct contact to his clients and gives them personally legal advice. Clients can be members of the public, businesses, voluntary bodies, charities etc.[4] A solicitor prepares the lawsuit for his clients, represents his parties personally in the lower courts ( magistrates´courts, county courts and tribunal).In cases on higher courts (High Court or higher) where a barrister is necessary, a solicitor acts as an agent.[5] Moreover solicitor´s practice is comparable to notary public. Dealing with conveyancing as well as trust businesses, develop last will and administration of estates are parts of solicitors practice.
Furthermore he oversee contract conclusion and consulting in various fields of law like tax, competition, insurance and company law. Profitable real estate businesses makes over 50% of his income.
Currently there are approximately 100.000 solicitors in England and Wales. 25% of it stay in employer-employee relationship at companies, bigger solicitor offices or administrations. 75% of it works as self-employed.
A sole practitioner works on his or her own, has no partners and usually handles smaller cases. Which mostly has to do with subjects such as family law, employment law and housing law.
In Germany people how pass the second final exam with a very good mark can apply for being a judge. You do not need any practise.
English legal system requires except for the honorary Justices of the peace at magistrates courts, practise for years as a barrister or solicitor with a good reputation. County-court judges are appointed by the Crown to the suggestion of Lord Chancellor. They have to practise as barrister since seven years before they can be suggested. As well the High Court judges need to be suggested by the Lord Chancellor and need to be barrister for ten years. Judges at the Court of Appeal are appointed by the Queen as recommend by the Prime Minister. They have to made experiences as barrister for 15 years. For the appointment of judges of the House of Lords it is the same case moreover they are appointed for Life Peers.
For becoming Law Lord a judge need to practise not less than 15 years as a barrister or for two years in a high judgeship. The Prime Minister also recommend candidates for Lord Chancellor, Lord Chief Justice and Master of the Rolls to the Queen. All judges have one in common: The good reputation by the public. The personalities of higher courts are well known in the british legal circles.
The task of a judge is to refer to precent cases. His obligation is to listen to what a barrister says but not to find the truth by himself. The witnesses of the parties have to be enough for the judges, he is not allowed to call more witnesses when he think they will be necessary to find out the truth.
The Attorney-General advises the Crown in legal issues and acts as plaintiff for the Crown in very important cases. He is member of the House of Commons and usually barrister with high reputation. As same as the solicitor-general, who is the agent of the Attorney-General. Both belong to the ruling party in the parliament. They are appointed by the Prime Minister and have to abdicate in case of change in government [6]
In general he gives advise to police and other law enforcement agencies. He is no political civil servant. For becoming a Director of Public Prosecutions you need to have practical experiences more than ten years.