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Legal Profession

There are two distinct kinds of lawyer in Britain. One of these is a solicitor. Everybody who needs a lawyer has to go to one of these. They handle most legal matters for their clients, including the drawing up of documents (such as wills, divorce papers and contracts), communicating with other parties, and presenting their clients’ cases in magistrates’ courts. However, only since 1994 have solicitors been allowed to present cases in higher courts. If the trial is to be heard in one of these, the solicitor normally hires the services of the other kind of lawyer - a barrister. The only function of barristers is to present cases in court.

The training of the two kinds of lawyer is very different. All solicitors have to pass the Law Society exam. They study for this exam while “articled” to established firms of solicitors, where they do much of the everyday junior work until they are qualified.

Barristers have to attend one of the four Inns of Court in London. These ancient institutions are modelled somewhat on Oxbridge colleges. For example, although there are some lectures, the only attendance requirement is to eat dinner there on a certain number of evening each term. After for years, the trainee barristers then sit exams. If they pass, they are “called to the bar” and are recognized as barristers. However, they are still not allowed to present a case in a crown court. They can only do this after several more years of association with a senior barrister, after which the most able of them apply to “take silk”. Those whose applications are accepted can put the letters QC (Queen’s Counsel) after their names.

Neither kind of lawyer needs a university qualification. The vast majority of barristers and most solicitors do in fact go to university, but they do not necessarily study law there. This arrangement is typically British.

The different styles of training reflect the different worlds that the two kinds of lawyer live in, and also the different skills that they develop. Solicitors have to deal with the realities of the everyday world and its problems. Most of their work is done away from the courts.