The legal profession in great britain

The legal professionin England is divided into two main groups, barris­ters and solicitors.A popular definition of the distinction between solicitors and barristers is that barristers do the court workand solicitors do the office work.In practice, the major volume of court work is done by solicitors and barristers do much "office" work. At present no solicitor, however experi­enced, may represent a client at a full hearingin any of the higher courts. On the other hand, a barrister, however inexperienced, may represent clients in the House of Lords.

Being a solicitor does not simply involve acquiring a knowledge of the theory and practice of the law.It also requires high standards of conduct and an onerous obligation to the courts. The full title of a solicitor is "Solicitor of the Supreme Court". All solicitors are automatically officers of the court.They have duties to the courtwhich sometimes overridethe duties to their clients. For instance, solicitors must not knowingly allow their client to tell lies in the witness box.If a client confesses their guiltto a solicitor, the so­licitor would be committing an offenceif he or she then called the client to give evidencethat they were innocent.

Many barristers, especially junior barristers, spend much of their time on paperwork, giving opinions, drafting pleadingsand other documents related to court proceedings,but also drafting contracts, trust deedsand other formal legal documentswhich are not immediately connected with litigation.

A person seeking to qualify as a solicitorcan become a traineesolicitor after three years of university legal educationand one extra year doing the legal practicecourse. As a trainee solicitor it is possible to obtain a paid po­sitioneven before qualifying.

The young would-be barristerhas much less chance of earning anything before he qualifies, must then obtain a seat in chambersfrom which he can try to build up a practice,knowing that, times will probably be hard for a few years. He has to meet his own expenses, cover his own holidays and buy his own (very expensive) sick-pay insurance.In return he gets the sat­isfaction of wearing a wig, and of being self-employed. Doubtless also, being a barrister still sounds a much more glamorous occupation than being a solicitor.

THE AMERICAN LEGAL PROFESSION

The American legal profession, like American law, has it roots in England, but with significant differences. In England, the legal profession is divided between office lawyers, known as solicitors, and courtroom lawyers, known as barristers.

In the United States, there is no division of the profession, and a lawyer frequently does both office work and courtroom work. There is, however, a great deal of variety in the types of work done by lawyers. Attorney

Depending upon the circumstances and the needs of the client, the lawyer may be a counselor, a negotiator, and/or a litigator. In each of these roles, the lawyer will need to engage in factual investigation.

With respect to each of these roles, the lawyer will do the following:

Counselor: Attorney will help advise the client how to order the client's

affairs.

Negotiator: Lawyer will work with opposing counsel to try to get a fa­vorable resolution for the client. The art of negotiation involves many tech­niques individual to particular attorneys and the circumstances. The client always retains the right to accept or reject a settlement negotiated or of­fered by the opposing party.

Litigator: In litigating, the attorney will help pick a jury and participate in pre-trial motions.

Fact Investigator: All of the lawyer's roles require the investigation of relevant facts, including locating and interviewing witnesses.

A lawyer is to be a zealous advocate of the client, in this respect the lawyer must advocate on the client's behalf and avoid conflicts of interest. The lawyer is also an officer of the court and is required to deal fairly and honestly with the court and with its other officers, including the lawyer's opponents.

Judge

The judge is the final arbiter of the law. The judge is charged with the duty to state, as a positive matter, what the law is. In addition, the judge is to maintain order in the courtroom.

Judges in federal courts are appointed by the President with the "advice and consent" of the Senate. Many state court judges are elected by popular vote.