Comparison between the
two branches of the legal profession
There are some similarities and some differences between the
two branches of the legal profession.
Similarities
The main similarities may be summarised as follows:
-Both solicitors
and barristers
have a legal immunity in respect of actions and statements
made during the lawful conduct of their clients’ lawsuits.
For example, they cannot be sued for slander in respect of
anything which they say in the course of a trial.
-Both are bound not to disclose facts affecting their clients
which come to their knowledge in the course of professional
dealings with their clients.
-Both are liable to censure and penalties for unprofessional
conduct, by the Law Society and the Senate of the Inns of
Court respectively.
Differences
The main differences may be stated as follows:
-A solicitor can make a binding contract with his client for
his fee, but a barrister cannot do so, although he can refuse
a brief unless pain in advance.
-A solicitor deals directly with his client, but professional
etiquette demands that a barrister should deal only through
a solicitor.
-A solicitor is an officer of the court, and as such is subject
to disciplinary action by the judge presiding in a court.
A barrister is not an officer of the court, and therefore
is not subject to his control, although he may be disbarred
or suspended by the Senate on the Inns of Court if found guilty
of professional misconduct.
-The qualifications of solicitors, and control of their conduct,
are largely prescribed by statute, but for barristers the
qualifications required, and the etiquette to be observed,
are dependent mainly on the traditions and customs of the
Inns of Court.
-A solicitor has a right of audience only in certain courts,
but a barrister may appear in any court.
See Also:
Barristers
Solicitors'
Disciplinary Tribunal
Solicitors:
Law Society
Solicitors:
Qualification and Functions
The Legal
Profession
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