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The legal profession
The legal profession in England and Wales is divided into two
branches, solicitors and barristers. The reasons for this division
are mainly historical rather than the result of a conscious
effort to divide the profession into two distinct parts.
Broadly, it is true to say that under the English system solicitors
give their clients legal advice, and obtain advice on specialist
matters, that is, they ‘seek counsel’s opinion’,
when necessary, from a barrister (counsel), very much in the
same way as a general medical practitioner may call in a consultant
physician.
If it is necessary to bring or defend an action on behalf of
the client, a solicitor may appear on behalf of his client in
a magistrates’ court, a county court, a Crown Court on
appeal from a magistrates’ court or where his client has
been committed for sentence to the Crown Court, or in the High
Court on bankruptcy matters only. In all other cases, only a
barrister has a right of audience in the courts.
A lay client who is involved in a legal action requiring the
services of both solicitor and counsel very often feels that
this system puts him to unnecessary expense. Superficially,
it may appear that he is paying twice, but there are strong
arguments in favour of the system:
-It is a fact that a litigation is not more costly in England
than it is in other countries where the dual system does not
operate.
-Even where the legal profession is not formally divided, the
complexity of law is such that, inevitably lawyers tend to specialise,
so that it may well be necessary to engage two lawyers in a
particular case.
-A very high quality of advice and assistance is available to
the litigant, as every solicitor can call on the services of
every barrister.
In England, judges are chosen from the most able members of
one of the branches of the legal profession, namely, barristers
(except that in the Crown Court a solicitor may be a Recorder
and as such may later proceed to the position of Circuit judge).
There is no separate judicial profession as there is in some
countries. It is sometimes argued that it should be possible
for eminent solicitors to become High Court judges. It should,
however, be remembered that it is possible, by passing the appropriate
examinations, for a person to transfer from one branch of the
profession to the other and experience of one branch is for
certain purposes treated as experience in the other. There can
be no doubt that the practice of choosing High Court judges
from among practising barristers has resulted in England having
a judiciary which, in independence, integrity, and intellectual
range and grasp, is unsurpassed by any other country.
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Solicitors Barristers and Lawyers
index for England Scotland and Wales.
Accident Claims specialist directory for the whole of the
United Kingdom.
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SOLICITORS
ENGLAND & WALES
INDEX
A
B
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D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
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T
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W
X
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An A-Z of solicitors based in England and Wales, dealing with
all matters of law
SOLICITORS SCOTLAND
An A-Z of solicitors based in Scotland, dealing with all matters
of law
INDEX
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z
ACCIDENT
AND PERSONAL INJURY CLAIMS ONLINE DIRECTORY
INDEX
A
B-C
D-G
H-M
N-R
S-W
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