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The Regulation of the Legal Profession

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Barristers are independent and do not give legal advice to the clients. Furthermore not authorized to initiate lawyer-client relationship and must wait for work from solicitors and have nothing to do with litigation. In addition they gain more respect from judges and strengthen the client at negotiation in court. Ordinary members of the public, unless indicted for a serious criminal offence are unlikely ever to retain a barrister IV. Difference between Solicitors and Barristers and different Governing Bodies. To maintain professionalism law is overseen by the government or the independent regulating body such as a Bar council or the Law Society. Bar council is the governing body of Barristers, formed in 1894 to deal with matters of professional etiquette.

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The legal profession in the United Kingdom has personalized the political system more than countless years to provide the society the finest law. The legal profession in England and Wales is separated into two different branches: barristers and solicitors. These two different types of lawyers accomplish different purposes while there is an inevitable amount of similarities in their actions. Throughout this essay I shall build up an understanding of both barristers and solicitors, as well as commenting whether these branches should be fused into one as opposed to maintaining two distinct branches of the same profession. Solicitor is someone who has undergone legal training and been admitted to the practice of law. To gain entry to the profession, a person should usually possess a law degree. Subsequently, the person needs to pass the one-year full-time or two-year part time Legal Practice Course, complete a two-year training contract and complete the Professional Skills Course. They may then apply to the Law Society for admission to the roll of solicitors. The workers must be entered on the roll of solicitors of England and Wales and hold a current Law Society practising certificate in order to legally practise as a solicitor. The solicitor is often the first branch to refer too in place of their client for different legal purposes such as signing contracts and conducting legal actions. Solicitors act for and offer advice and guidance to their clients on the laws of England and Wales

Solicitors engage in a wide range of legal activities such as commercial law, probate, conveyance, family law, criminal and civil litigation and arbitration. Solicitors have rights to practise exclusively in certain areas of the law. The barrister is a lawyer who has been admitted to "plead at the bar." Meaning that he or she has been called to the bar by the 'benchers' and subject to pupil age requirements, also is allowed to appear in court to argue a client's case. Fundamentally, successfully obtaining a second-class honours degree, the need of attending the Inns of Court School of Law, or other validated Bar Vocational Course provider, for a one year term and passing the "bar final" exams. Furthermore, followed by a one-year pupil age in chambers, where the learner lawyer benefits from association and attendance at court with an experienced barrister. This allows students to acquire the skills, knowledge of procedure and competence to prepare them for the specialised training of the twelve months of pupil age. But before the pupil age, a barrister-in training must attend twelve dinners at the Inns of Court, followed by the call to the bar. Âlthough the process of becoming a barrister seems much more demanding, the outcomes are much superior as oppose to a solicitor. Only barristers can become judges in the higher courts. Barristers, usually, do not have to go through as much paper work as solicitors. Nevertheless, barristers are not allowed to open their own law firms and are obliged to proactive on their own account, whereas solicitors are not.

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Consider, for example, the admission of new lawyers. A solo practitioner probably dreads new competition in the market for his limited diet of court appointments, wills; and the like. Other, "elite" segments of the profession profit from new lawyers professors, for example, or senior partners who pay wages for new associates and therefore favor an ample supply of available labor

It would be hard to predict which segment of the profession would have the most influence with the admitting authorities (Richard L. Abel, 1981). The same problem exists with unauthorized practice, for example. Wall Street and K Street firms hardly make their money because of their licenses; much of what they do is done, for fees in the same range, by investment bankers and lobbyists. Indeed, the most powerful District of Columbia firms were some of the strongest proponents of partnership with nonlawyers. Such firms do not represent the same economic interest as the solo practitioner threatened by the licensed independent paralegal. On most points of collective action, then, the legal profession is unable to act in its common interest because its interest is not common. The one point of common interest is the creation of an effective system by which lawyers can assure clients that they are bound to them. These are legal duties analogous to what I have called "fitness" in the preceding section. These are the duties to keep confidences, to segregate trust funds, and to file suits before the statute of limitations runs. The reader of the Model Rules will note that these duties are clearly specified in straightforward sections of the code. The legal system has created effective remedies for these violations (David B. Wilkins, 799). One of the most frequent criticisms of the professional discipline system is that it responds mainly to client complaints and almost never acts without a specific complaint from an injured client.

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In summary, most law school applicants have little knowledge about legal careers—and much of what they think they know is probably wrong. Nor, as indicated above, is there currently any systematic post-graduate education in law to pick up the slack for what students do not learn in law school. Indeed, this is precisely why we need greater collaboration among law schools, law firms, and companies to ensure that young lawyers receive the training that they need throughout their careers.

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Richard L. Abel, Toward a Political Economy of Lawyers, 1981 Wis. L. REv. 1117.

David B. Wilkins, Who Should Regulate Lmvyers?, 105 HARv. L. REV. 799, 822-24

MINN. STAT. ANN. § 147.02(I)(g).


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