Many students have decided on a career in the law, but are unsure of the next step. Margot Taylorexplains the pros
and cons of each branch of the profession
The two main branches of the legal profession are solicitors and barristers (advocates in Scotland). There are also legal executives, who regard themselves as a third branch. In the past ten years, the difference between the branches has become increasingly blurred:
solicitors can now qualify as higher court advocates, and barristers can deal directly with some kinds of client (chiefly other professionals) without the need for the client to see a solicitor first.
TYPE AND VARIETY OF WORK
Solicitors' work covers a broad range, including advising commercial and private clients on business matters and property and undertaking litigation. The degree of
specialisation of solicitors' firms varies enormously. Some offer general legal services, from conveyancing and drafting wills to acting for defendants in criminal cases. Others specialise in one or two areas, perhaps doing only corporate work or personal injury work. The smaller the firm and the broader its range of work, the less likely its solici- tors will specialise in only one area.
Most barristers' work is confined to litigation, although some do largely advisory work, for example on taxation or company matters. Traditionally barristers specialise in one or a few areas of law, although this is not true of all. In their early years most un- dertake a broad range of cases until they develop expertise in a particular area. Some barristers in "general common law" chambers continue to have a broadly based prac- tice. Whether, or how much, you specialise as a barrister will depend to a large extent on the cases you get in your early years.
So, if you do not want to do litigation, think twice before you become a barrister. Oth- erwise, whether or not you specialise will not rest entirely on whether or not you join the Bar or become a solicitor but will be influenced by the type of firm or chambers you join.
TRAINING
Beyond the academic stage the training to become a barrister or solicitor is very differ- ent. The Bar Vocational Course is exclusively focused on the skills and knowledge required of an advocate: litigation evidence drafting advocacy, etc. This is followed by 12 months of pupilage. The Legal Practice Course is much broader and covers business law and practice, property and litigation and advocacy. This is followed by a two-year training contract in a firm.
WORKING CONDITIONS
Most solicitors are salaried employees and keep office hours, report to a senior person and work within the collective ethos of the firm. However, they generally have "billing targets" (to achieve a number of chargeable hours) which can be stressful and require detailed record-keeping. Barristers are self-employed but usually work out of chambers (a group of barristers) with a clerk who takes referrals from solicitors. Theoretically free to work as and when they please barristers must be available to take work as it comes in. Barristers are generally paid a fee for each piece of work from which they must deduct their share of the costs of running the chambers. A barrister's earnings are there- fore much less secure than a solicitor's, particularly in the early years.
ADVOCACY
Many barristers, particularly those doing criminal work, spend most of their time as advocates. However, some civil practitioners spend more of their time dealing with cases out of court. Solicitors have rights of audience in the lower courts and although many do no advocacy some do a substantial amount.
Some solicitors qualify for rights of audience in the higher courts, with some City firms encouraging this. The advantage of this route over qualifying as a barrister is that you work from the base of a legal practice. It is done to enhance your work. The disad- vantage is that you are unlikely to do the same volume of advocacy as those who qual- ify for the Bar. If you really only want to do advocacy, the Bar, particularly criminal work, is probably the place for you.
CONTACT WITH CLIENTS
Chapter 11
■Law bulletin
the more demanding clients, accounting for all client money and dealing with documen- tation and costs. A barrister is briefed by the solicitor for specific tasks, for example, draft- ing a document or acting as an advocate. This would appeal to someone who dislikes routine paperwork but can be frustrating if insufficient or wrong information is pro- vided. A barrister may have little opportunity to develop any relationship with the client.
NOT A FINAL CHOICE
The division between solicitors and barristers is becoming less distinct, with solicitors doing more advocacy and clients instructing barristers directly. Moving between the two halves of the profession is straightforward, so a choice now will not dictate your work for life.
Margot Taylor, Principal Lecturer, Inns of Court School of Law: The Times, 20 January 2004, Student Law, p. 11.
Answer the following questions concerning the above article.
1. Explain in a few sentences the main difference between a barrister’s work and that of a solicitor.
2. How long does a trainee barrister’s pupillage last?
3. How long does a trainee solicitor’s training contract last?
4. Which branch of the legal profession developes a closer on-going relationship with clients and why?
5. State two areas of law which solicitors can specialise in.
6. What factors influence the areas of legal work a barrister becomes involved in during the initial stage of his or her career?
7. Where do barristers practise from?
8. Which branch of the legal profession do you consider yourself best suited to and why?
Discuss.
Exercise 1 – comprehension
Complete the following sentences by filling in the blank spaces with appropriate phrases from the text.
1. Barristers’ work predominantly involves [1] , i.e. court work.
2. There are basically two types of lawyers in England, namely solicitors and [2] . 3. Solicitors are often under pressure to achieve [3] .
4. Barristers undertake a [4] course following the academic stage of their training.
Exercise 2 – word search
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5. Solicitors undertake a [5] course following the academic stage of their training.
6. Solicitors have overall conduct of a case whereas barristers are [6] at specific stages of a case.