In every nation, there happen to be the law. It is under the law that the legal profession is based. In the United Kingdom, the legal profession is comprised of two distinct divisions. These are the barristers and the solicitors. Barristers are known to have a wider right of audience as compared to a solicitor. It is also clear that a barristers are the one who are involved with the difficult work of advocacy while their counterpart are involved mainly with paper work even though sometimes the opposite is true. (Power, 1997) In the court, it can be said that barristers are specialized professionals and they are mostly self employed.
They are the ones who present the case in the court or rather practice in a set of chambers. They are the crucial attorney who may be involved in a case. This is a different case as compared with the solicitors who usually work in a group or in partnership. They are not self employed and they can be referred to as general attorneys. These are the two different attorneys who a serve completely different type of duties in the legal profession in the United Kingdom. Unlike in the United States, in United Kingdom, the legal profession is made up of small law firms which have an increasing number of large law firms.
Even though there happen to be specialized aspect of profession, these two divisions are the one which are responsible for the cases which involve a single person and those which involve a corporate body. (Clementi, 2004) For example if a person has a case to present in a court of law in the United Kingdom, it would be advisable for the person to look for a barrister. These are the one who are involved with individual cases concerning two different people or a person and the state or a corporation. They are specialized for this type of job.
However, it is a different case when it comes to a case which involves a state or a corporate. In such a situation, it would be advisable to look for solicitors. Actually, they are the ones how handle this type of case in this nation. In the United Kingdom, the barristers happen to have wider rights of audience in the court as compared to solicitors. Even though at some time the solicitors may now qualify for the same right of audience, they happen to be very few and for very specific type of cases. they seem to be involved with the type of cases which are mainly considered as private cases and which do not involve a lot of people.
Barristers are also known to primarily make their living through advocacy. This is quite different from the way the solicitors make their living. The later make their living from the paperwork side of activities. However, this is not always the case. At some times the opposite is also true. The barristers are the ones who are involved with a lot of work which involves the papers and the solicitors are the one who are involved with the work which entails advocacy. From these statements, it can therefore be said that barristers do practice out of a set of chambers and therefore they are self employed.
However, some of them are employed and therefore they are denied the right to a lot of audience. In some cases, they may decide to become solicitors and therefore re-qualify for audience or rights. But it is a different case when either a barrister or a solicitor is employed by the Crown Prosecution Service. The reason is that neither of them would have rights of audience in Crown Court. There are some situations where a solicitor has the rights to practice in a set of chambers. Since barristers are specialists just like dentist or any other specialist, the wear gowns and wigs while they are in the chambers.
This is a different case from that of the solicitors. Solicitors only wear these attires while they are in arbitrations, youth court or the magistrates’ courts. They also wear them when they are in trails involving child sex abuse. However, solicitors also do have some rights which the barristers do not have. They are free to turn down cases when they feel like doing so even in a situation where they are qualified to handle the case. This is not the case with the barristers. They do not have this right to turn down cases especially those that they qualify to handle.
In my opinion I feel that the two distinct divisions in the legal profession in United Kingdom happen to have some conflict. There is not distinct line which divides the two divisions. As I view it, there is some duplication of duties as some of the duties which are done by barristers are also done by the solicitors. I therefore feel that the two divisions should be merged and the only different should arise from the case which is at hand. Incase a certain case requires the solicitor especially those which involves a corporation or a state, it should be used and if it is an individual case, barristers should be used.
(Flood, 2008) In addition, there are not so many cases which require solicitors and therefore they should be practicing what barristers do until they have their corporate case to deal with. I therefore feel that the two should be merged. This would ensure that there is saving of funds and also the work load of the barristers would be reduced. After all even in their distinct divisions, they always mix their duties and it is common to find a barrister acting like a solicitor and the other way round. From these similarities and differences, it is clear that the legal profession in the United Kingdom happen to have two divisions.
Even though it seems to be well established and also very much advanced, I feel that it is difficult to distinguish the different between the two divisions especially when it comes to their duties. I feel that their distinction lies on specific assignment that is at hand and therefore, I feel that there is no need for the division. All the legal professionals should be under one broad department and it is that department that should determine the terms and conditions which specific case should take rather than the two divisions which duplicate their duties.
There should be only one department which should be in control and this way, there would be no duplication of duties and therefore wastage of resources and the confusion which may arise to due to this conflict of duties.
References Clementi, D. (2004). Regulatory Framework for Legal Services in Wales & England. New York. Flood, J. (2008). Future Directions in the UK Legal Profession: . Retrieved March 17, 2009, from www. law. georgetown. edu: www. law. georgetown. edu/LegalProfession/documents/FloodWebsitePaper. doc Power, M. (1997). The Audit Society: Rituals of Verification. Oxford: Oxford University Press.