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A law society is an association of lawyers with a regulatory role that includes the right to supervise the training, qualifications, and conduct of lawyers. Where there is a distinction between barristers and solicitors, solicitors are regulated by the law societies and barristers by a separate bar council.
Much has changed for law societies in recent years, with governments in Australia, New Zealand, England, Wales, and Scotland creating government sponsored regulators for lawyers (both barristers and solicitors), leaving to law societies the role of advocacy on behalf of their members.
In Canada, each province and territory has a law society (French : barreau) with statutory responsibility for regulation of the legal profession in the public interest. These law societies are members of the Federation of Law Societies of Canada, which seeks to increase coordination between its members and encourage the standardization of members' rules and procedures. [1]
In Canada's common law jurisdictions, lawyers are both barristers and solicitors. [2] Consequently, there is one law society per province or territory to regulate and represent the interests of legal professionals.
In Quebec, Canada's only civil law jurisdiction, the legal profession is split between legal advocates, governed by the Bar of Quebec, and civil law notaries, governed by the Chamber of Notaries of Quebec.
The 1739/40 Society of Gentleman Practisers in the Courts of Law and Equity has been described as the first law society in the United Kingdom. However its relationship to the modern Law Society of England and Wales (founded 1825) is unclear. [3] [4] [5]
In the United States, unified bar associations are somewhat similar to law societies; however, there are differences between law societies and the general American phenomenon of bar associations. Usually a bar association is an association of lawyers; lawyers may or may not join as they wish. Regulation of American lawyers usually takes places through the courts, which decide who gets admitted as a lawyer, and also decide discipline cases. Law societies are often created by legislation and play (or played) significant direct roles in the training, licensing and disciplining of lawyers. The conflict or roles between being a regulator and a trade association is seen by many as giving rise to the recent move to government sponsored regulators.
Law societies also play a role as part of the justice system, and concern themselves with access to justice. As a result, they may offer paid and unpaid legal assistance to the public or specific target audiences, and have historically been involved in the development of legal aid plans.
Law Societies in Australia represent the interests of solicitors and are organised in each State and mainland territory. Australia has a split profession, and barristers' interests are represented by separately-organised Bar Councils in each State and territory. The Law Council of Australia is a peak body representing the interests of all legal practitioners at federal level.
Each province and territory in Canada has a law society which governs the legal profession, with the exception of Quebec, which has two.
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, researching the law and giving legal opinions.
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, government lawyer, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, legal executive, or public servant — with each role having different functions and privileges. Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in advancing the interests of the law and legal profession.
A notary public of the common law is a public officer constituted by law to serve the public in non-contentious matters usually concerned with general financial transactions, estates, deeds, powers-of-attorney, and foreign and international business. A notary's main functions are to validate the signature of a person ; administer oaths and affirmations; take affidavits and statutory declarations, including from witnesses; authenticate the execution of certain classes of documents; take acknowledgments ; provide notice of foreign drafts; provide exemplifications and notarial copies; and, to perform certain other official acts depending on the jurisdiction. Such transactions are known as notarial acts, or more commonly, notarizations. The term notary public only refers to common-law notaries and should not be confused with civil-law notaries.
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings.
In the United Kingdom and some Commonwealth countries, a King's Counsel is a senior trial lawyer appointed by the monarch of the country as a 'Counsel learned in the law'. When the reigning monarch is a woman, the position is called Queen's Counsel. In important cases both sides will generally appoint a King's Counsel to lead their legal team in court.
A bar association is a professional association of lawyers as generally organized in countries following the Anglo-American types of jurisprudence. The word bar is derived from the old English/European custom of using a physical railing to separate the area in which court business is done from the viewing area for the general public.
The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to the bar". "The bar" is now used as a collective noun for barristers, but literally referred to the wooden barrier in old courtrooms, which separated the often crowded public area at the rear from the space near the judges reserved for those having business with the court. Barristers would sit or stand immediately behind it, facing the judge, and could use it as a table for their briefs.
Bachelor of Laws is an undergraduate law degree in the United Kingdom, Europe and most common law jurisdictions. It is awarded by universities in Europe, Australia, the People's Republic of China, Hong Kong S.A.R., Macau S.A.R., Malaysia, Bangladesh, India, Japan, Pakistan, Uganda, Kenya, Ghana, New Zealand, Nigeria, Singapore, South Africa, Botswana, Israel, Brazil, Tanzania, Zambia, and other jurisdictions.
A bar council or bar association, in a common law jurisdiction with a legal profession split between solicitors and barristers or advocates, is a professional body that regulates the profession of barristers. In such jurisdictions, solicitors are generally regulated by the law society.
Legal ethics are principles of conduct that members of the legal profession are expected to observe in their practice. They are an outgrowth of the development of the legal profession itself.
A bar examination is an examination administered by the bar association of a jurisdiction that a lawyer must pass in order to be admitted to the bar of that jurisdiction.
Legal executives are a form of trained legal professional in certain jurisdictions. They often specialise in a particular area of law. The training that a Legal Executive undertakes usually includes both vocational training and academic qualifications.
An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are distinct practising certificates.
Solicitor advocate is a hybrid status which allows a solicitor in the United Kingdom and Hong Kong to represent clients in higher courts in proceedings that were traditionally reserved for barristers. The status does not exist in most other common law jurisdictions where, for the most part, all solicitors have rights of audience in higher courts.
The Solicitors Regulation Authority (SRA) is the regulatory body for solicitors in England and Wales.
The Courts and Legal Services Act 1990 was an Act of the Parliament of the United Kingdom that reformed the legal profession and courts of England and Wales. The Act was the culmination of a series of reports and reforms that started with the Benson Commission in the 1970s, and significantly changed the way that the legal profession and court system worked.
The Federation of Law Societies of Canada is the national association of the 14 Canadian regulators of the legal profession. The 14 law societies are mandated by the provinces and territories to regulate the legal profession in the public interest.
The Legal profession in England and Wales is divided into two distinct branches under the legal system, those of solicitors and barristers. Other legal professions in England and Wales include acting as a judge, as the Attorney-General, as the Solicitor-General, or as the Director of Public Prosecutions.
The legal services sector of the United Kingdom is a significant part of the national economy; it had a total output of £22.6 billion in 2013, up from 10.6 billion in 2001, and is equivalent to 1.6% of the country's gross domestic product for that year. The sector has a trade surplus is £3.1 billion in 2013 and directly employees 316,000 people, two-thirds of whom are located outside London. The UK is the world's most international market for legal services. It allows virtually unrestricted access for foreign firms, resulting in over 200 foreign law firms with offices in London and other cities in the UK. Around half of these are US firms, with the remainder mainly from Europe, Australia and Canada. The UK legal market has a strong global position due to the popularity of English law. Some 27% of the world's 320 legal jurisdictions use English Common law.
The Association of Costs Lawyers (ACL) is a professional association that represents costs lawyers in England and Wales. It was originally established in 1977 as the Association of Law Costs Draftsmen, but the name was changed in January 2011.