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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, attorney, barrister, canon lawyer, civil law notary, counsel, solicitor, legal executive, and 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 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.
A paralegal, also known as a legal assistant, or paralegal specialist is a legal professional who performs tasks that require knowledge of legal concepts but not the full expertise of a lawyer with an admission to practice law. The market for paralegals is broad, including consultancies, companies that have legal departments or that perform legislative and regulatory compliance activities in areas such as environment, labor, intellectual property, zoning, and tax. Legal offices and public bodies also have many paralegals in support activities using other titles outside of the standard titles used in the profession. There is a diverse array of work experiences attainable within the paralegal field, ranging between internship, entry-level, associate, junior, mid-senior, and senior level positions.
Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial. This article describes the development of legal aid and its principles, primarily as known in Europe, the Commonwealth of Nations and in the United States.
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The Common Professional Examination/Postgraduate Diploma in Law (CPE/PGDL) is a postgraduate law course in England and Wales taken by non-law graduates wishing to become either a solicitor or barrister in England and Wales. It is being replaced by the Solicitors Qualifying Examination (SQE) which was introduced on 1 September 2021.
The Legal Practice Course (LPC) – also known as the Postgraduate Diploma in Legal Practice – is a postgraduate course and the final educational stage for becoming a solicitor in England, Wales and Australia. The course is designed to provide a bridge between academic study and training in a law firm. It is a one-year, full-time course, and tuition fees range from £8,000-£17,300 a year. A small proportion of students may have their fees and some living expenses paid for by future employers under a training contract.
Barristers in England and Wales are one of the two main categories of lawyer in England and Wales, the other being solicitors. Barristers have traditionally had the role of handling cases for representation in court, both defence and prosecution.
In the English law of tort, professional negligence is a subset of the general rules on negligence to cover the situation in which the defendant has represented him or herself as having more than average skills and abilities. The usual rules rely on establishing that a duty of care is owed by the defendant to the claimant, and that the defendant is in breach of that duty. The standard test of breach is whether the defendant has matched the abilities of a reasonable person. But, by virtue of the services they offer and supply, professional people hold themselves out as having more than average abilities. This specialised set of rules determines the standards against which to measure the legal quality of the services actually delivered by those who claim to be among the best in their fields of expertise.
In Australia, Canada and New Zealand, a law broker or legal brokerage is a professional that assists individuals who are searching for a lawyer. A law broker will analyze an individual's case or legal issue and provide a customized referral to an appropriate lawyer. Some common factors that a law broker will consider are a lawyer's experience level, success rate, reputation, and quality of service. A law broker will often review legal publications, court decisions, and rely upon a network of legal contacts to provide an objective, customized referral to a client.
The Solicitors Regulation Authority (SRA) is the regulatory body for solicitors in England and Wales.
A barristers' clerk is a manager and administrator in a set of barristers' chambers. The term originated in England and is also used in some other common law jurisdictions, such as Australia. In Scotland, the equivalent role is advocate's clerk.
The Legal Services Act 2007 is an Act of the Parliament of the United Kingdom that seeks to liberalise and regulate the market for legal services in England and Wales, to encourage more competition and to provide a new route for consumer complaints. It also makes provisions about the Legal Profession and Legal Aid (Scotland) Act 2007.
The Legal Services Board is an independent body responsible for overseeing the regulation of lawyers in England and Wales. It is a non-departmental public body sponsored by the Ministry of Justice, created through the Legal Services Act of 2007.
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 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 Public Access Scheme allows members of the public in England and Wales to instruct a barrister directly. In the past, it was necessary for clients to use a solicitor or other third party in order to instruct a barrister.
In the United Kingdom a 'para-law firm' is an alternative legal service provider. It combines regulated legal services offered by a solicitor and/or a barrister with the services of unregulated paralegals. The combination relies on paralegals working outside the solicitor's or barrister's practices to achieve cost savings for clients.
References
- ↑ C119-C131 of the Code of Conduct contained in the Bar Standards Board Handbook
- ↑ Section D2 of the Bar Standards Board Handbook - Rules C120(3), C122 and C123).
- ↑ "PUBLIC ACCESS LEGAL SUPPORT LIMITED - Overview (free company information from Companies House)". find-and-update.company-information.service.gov.uk.
- ↑ PX Direct Access - http://px.barrister.direct/
- ↑ "PX Chambers Services launched by The Kohen Rapoport Group". Archived from the original on 28 March 2017.
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