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The Legal Profession
Barristers conduct cases in court and generally drafi the pleadings which outline the way in which a case is to be conducted. Barristers have an exclusive right to be heard in the House of Lords, the Court of Appeal, the three divisions of the High Court with the exception of certain bankrupcy matters; and only barristers can appear in the Crown Court except in those cases which have come to it by way of appeal from a Magistrates' Court or where the accused has been committed to the Crown Court for sentence. Both barristers and solicitors may appear in the County Court and the Magistrates' Court. Call to the English Bar is within the prerogative of the four inns of Court: Lincoln's Inn, Gray's Inn, the Inner Temple and the Middle Temple. The Inns are incorporated societies governed by Masters, who are judges or senior barristers, and call to the Bar is by the Benchers. The Bar as a profession is represented by the Bar Council. Barristers cannot form partnerships, but work together n chambers, sharing rent and expenses.
Solisitor
A solicitor deals with the general public and is very much a businessman who advises clients on legal, financial and related matters. Much of his work relates to probate, the drafting of wills and the like, and to conveyances of land. The solicitor had now lost his monopoly of conveyancing which ап also be carried on by licensed conveyancers. The distinction between barristers and solicitors is most marked in he matter of litigation. The solicitor's function is to prepare he case, ascertain facts, and arrange for the presence of the necessary witnesses and any documents which may be required. He also conducts any disputes over costs which may be awarded after judgement. Regarding advocacy, the solicitor 'as a right to be heard in County Court and Magistrates' Curt, and may be heard in bankrupcy matters in the High Court and Divisional Court. Unlike barristers, solicitors are formally members of a partnership or are employed by a bartnership. The Law society is responsible for this branch of he Iegal profession.
(III) Legal Executives
Legal executives are qualified legal assistance in solicitors' offices who, while working under the control and authority of a solicitor, possess a high degree of expertise in their chosen field. Their professional body is the Institute of legal Executives. Fellows of the Institute have a right of' audience before the County Court in regard to unopposed applications for an adjournment, and an application for udgement by consent where there is no question as to the applicant's entitlement to judgement or its terms.
TASK 3. Complete the sentences.
1 Barristers conduct cases ...
2. Barristers have an exclusive right ...
3. Barristers can appear ... .
4. Both barristers and solicitors may appear ... .
5. Call to the English Bar is within the prerogative of.....
6. The Inns are unincorporated societies governed by ... .
7. Barristers cannot form ... .
8. A solicitor deals with ... and is very much a businessman who ....
9. Much of solicitor's work relates to ... .
10. The solicitor had now lost his monopoly of conveyancing which can he carried on by ... .
11. The distinction between barristers and solicitors is most marked in ... .
12. The solicitor's function is .... Нe also conducts ... .
13. Regarding advocacy, the solicitor has a right ... .
14. Unlike barristers, solicitors are ... .
TASK 4. Choose the answer which you think fits best.
1. There are
a. solicitor's offices c. magistrates' offices b. barrister's offices d. clerk's offices
2. Individuals seeking advice or stance in prosecuting or defending a lawsuit will go to a with their problems. c. solicitor d. magistrate a. legal b. political
3. interview clients and witnesses. They prepare pleadings for law suits.
a. barristers b. magistrates c. solicitors d. recorders
4. If a civil trial is in a County Court the represent the client there in person. In the High Court and must hire a to arque or present the case.
5. prepare contracts, draft deeds and other conveyances of land, conduct most proceedings before administrative agencies or local governmantal bodies, and give general legal advice.
6. Clients do not go to for legal advice. The client must first go to his , who will then select a to be briefed in the case.
7. After admission to the Bar and a short period of apprenticeship, a must practice on his own. There are no firms of , each individual is economically independent.
8. After fifteen or twenty years of practice, a successful may apply to become Queen's Counsel. This formal designation permits him to add the letters Q.C. after his name, and to wear a silk gown, rather than a cotton one.
5. Work in pairs and discuss
a. kinds of work done by solicitors and Barristers
b. the difference in their educational level
c. kinds of work done by solicitors and barristers in different courts of Great Britain
d. the advocacy work done by solicitors and barristers.
ТАSК 6. Answer the questions.
1. What kind of lawyer is а barrister?
2. What kind of lawyer is a solicitor?
3. What is the difference between the work of a solicitor and the work of a barrister?
4. In what courts of Great Britain do the barristers have a right to be heard?
5. In what court of Great Britain can the solicitors appear?
6. Why cannot barristers form partnerships?
7. What do you know about the advocacy work done by solicitors and barristers?
8. Is there any distinction between barristers and solicitors in the matter of litigation?
9. What kind of work do the legal executives do in solicitors' offices?