The Work and Training of Barristers and Solicitors
In the Western world, where the majority of employment occurs in the
service sector, rather than the primary sector as it does in the
developing world, there are certain jobs that carry a very high
status. Careers such as doctor, accountant and lawyer are to name but
a few of these high status jobs and it is lawyers that I am going to
be focussing on in this essay.
In England, since the 15th century lawyers have been split up into two
professions, barristers & solicitors. Solicitors have traditionally
been the people who research cases and barristers have traditionally
had rights of audiences in court.
There are 60,000 solicitors in the U.K. and 6,000 barristers of which
4,000 are currently working in London. Solicitors have traditionally
run the business side of the law profession running offices.
Solicitors duties can include interviewing witnesses and issuing
writs, conveyancing, divorce proceedings, drawing up wills and last
testaments, advocates in magistrates courts, commercial contracts,
tax, immigration and employment issues. Solicitors may handle a
cross-section of work however; there is a trend especially in London,
for solicitors to specialise in one type of work. There has also been
a recent tendency, for solicitors to form large partnerships, with as
much as 100 partners however, they may not form companies. Some
solicitors may also go into public employment, such as local
government or into industry as legal advisors. Solicitors are partly
regulated by both the courts and the Law Society since the Solicitors
Act 1974 came into force. The Law Society is the contro...
... middle of paper ...
...ple, who may not have
degrees, are bought into help out with the administration and
presentation of cases and eventually through gaining insight and
experience in the legal profession as a whole are given honorary
degrees to practice law after say fifteen years service. However, even
if the, two professions don't merge I still think there has to be
structural changes to even out the legal profession. As it seems
strange that 2500 more people have joined the bar even though
solicitors have basically the capabilities to do the same job as
barristers. I think judges should have to respect solicitors who have
gained rights of audience; I think the tests for solicitors to be
given rights of audience should be made easier and that solicitor's
salary be raised in line with barristers to entice people to become
solicitors.
Attending the University of Houston Law Center would afford me the opportunity to gain an education I know only they could offer. The University of Houston is a first-tier institution that constantly produces superior talent that continuously excels in all fields of law. Earning my degree of jurisprudence would be the crowning achievement in my life, but knowing that I couldn’t be able to use it effectively would be as equally disappointing. Coming full circle, I’d use my degree to make a difference for those privileged and those who aren’t alike. The realm of law is where I feel I belong and I’m eager to prove myself.
Peter Paralegal is employed by Honest Law Firm and has been instructed by his supervising attorney to prepare and conduct initial interviews with two potential clients to see if a conflict of interest is present. Big Box and Value Mart are competitors and are requesting representation by Honest Law Firm on matters that are unrelated to one another. Peter Paralegal was also asked to perform tasks related to the cases such as; prepare questions and conduct initial interviews, explain legal fees arrangements, establish the attorney-client relations, draft initial pleadings and responses, interview witnesses, draft and sign initial case evaluation letters.
Criticisms of lawyers are the topic in Richard A. Wasserstrom's article "Lawyers as Professionals: Some Moral Issues." Wasserstrom broke this topic into two main areas of discussion. The first suggests that lawyers operate with essentially no regard for any negative impact of their efforts on the world at large. Analysis of the relationship that exists between the lawyer and their client was the second topic of discussion. "Here the charge is that it is the lawyer-client relationship which is morally objectionable because it is a relationship which the lawyer dominates and in which the lawyer typically, and perhaps inevitably, treats the client in both an impersonal and a paternalistic fashion."
Legal Studies Essay Joey Agerholm Exclusion clauses determine the liability of something that might go wrong within a contract. They are used by sellers as an attempt to avoid or limit their liability. The seller has the advantage over the buyer who must agree to the clauses to purchase the product/service. Because of the buyers disadvantage the court takes such cases, involving exclusion clauses, very seriously, and the content of the clauses are carefully interpreted. With the current Trade Practises Act and the Fair Trading Act the standard form of business contract is adequate and effective in protecting the buyer. The Trade Practise Act is the most effective legislation for the protection of the consumer. It implies to the following situations:- - “A promise by the seller that the buyer will become the owner” If a car dealer breaks a promise or part of a contract, for example that he has the right to sell a car, and the car is stolen then although the buyer will have to give the car back he/she will get her money back. - “ A promise by the seller that goods will fit the description supplied by the seller” In this case the buyer is protected if the seller makes a promise, which is a condition of the contract, describing the product, and when the buyer receives the product, it does not match the description. - “ A promise where the seller is made aware of the purpose for which the goods are required, that the goods will be reasonably fit for that purpose” This condition is implied when the buyer makes the purpose of the goods needed known to the seller, and the buyer then relies on the seller’s judgement in providing the correct product. For example it would not be reasonable if you made the seller aware that you wished to purchase something suitable for mowing the average suburban backyard and you were sold a tractor. - “A Promise that goods are of merchantable quality” According to this act a good is considered to be merchantable if they are suitable for the prospect for which other similar goods are sold, involving the description applied to them, the price and any other relevant information. This act does however does not protect the consumer if he/she has examined the product and missed any defects that should have been seen or if the seller made him/her aware of the defect prior to the purchase of the product.
Since 15th century, barristers have been split up into two professions in United Kingdom, Barristers and Barristers. Barristers have traditionally been the people who research cases, deal with clients directly, and Barristers have had the rights of advocate in courts. Hence, Barristers' ethical duties are very important to the court and the client, and this is an essay to discuss the duties to the court, clients and conflicts in between.
My major is Paralegal Studies and I expect to graduate with an Associates of Arts degree in December of this year. Many years ago, as an investigator for both a private company and a county agency, I was introduced to the legal field. Recently, I was awarded the opportunity to attend college, so I decided I wanted to reenter the legal profession as a paralegal. The paralegal profession appeals to me, because I enjoy the processes of developing a case, as well as its legal aspects. A paralegal is involved in a case from the beginning to the end; from the initial client interview to assisting the attorney during the client’s trial or the settlement process. My goal is to become a paralegal for a solo practitioner or a small firm in my local area who represent clients in different areas of the law.
However, this system of laws changed much throughout the century. The Chancery became merely a joke for there you could not present evidence during trials and Parliament came to view it as necessary for matters of will and divorce to be referred to new civil courts instead of the church. In 1873 the 3 common law courts and the Chancery were combined to make the Supreme Court
* There were two branches of the legal profession - barristers, and attorneys and solicitors. Solicitors usually dealt with landed estates and attorneys advised parties in lawsuits. The two roles combined and the name “solicitor” was adopted (The Law Society). The attorney or solicitor was the general legal adviser and attended to all the paperwork and collected the evidence. He dealt with legal matters on behalf of his client such as the drawing up of wills, trust instruments, marriage contracts, and conveyances of land (Eurolegal Services).
it, and if this is the way that those who practice the law at current
The United States Constitution gives us the right of due process under the Fifth Amendment. The right to an attorney is something that should never be taken away. So how do attorneys help their clients? What standards are set to protect them? There are strict guidelines that attorneys must follow to avoid legal misconduct. These standards are stated by the American Bar Association in the ABA Model Rules of Professional Conduct. It is very important that attorneys decide carefully before taking on a case for many reasons. They must remember that they have to carefully consider the needs and problems of their clients and uphold their ethical responsibilities to their profession and the criminal justice system. It is when a lawyer does not balance the needs of the client with the ethical aspects of his or her profession that misconduct can occur.
The Selection, Training and Role of Magistrates in the English Legal System Lay magistrates are unqualified, part-time and unpaid profesionals who are chosen to serve in the magistrates court, yet they deal with the vast majority of cases in the legal system. They do not hear cases on their own but sit as a bench or panel of two or three other magistrates. The use of such unqualified people to judge cases is open to criticism. Magistrates sit in a magistrates court, usually in a bench of three.
The intention of this essay is to explain the process of law reform within the English legal system. The way in which the activity of parliament and that of the judiciary affects the way in which laws are reformed in the UK will be also discussed. The common law system in the UK means that the UK's primary legal principles have been developed by the judiciary rather than by parliament. However, as parliamentary sovereignty is an important key principle of the UK constitution parliament is the supreme legal authority in the UK. Parliament can create, change or repeal any law and generally speaking the judiciary cannot overrule legislation that has been passed by parliament.
The Analysis of Solicitors and Barristers 1) Describe the main differences between solicitors and barristers with regard to work and training. 2) Discuss the advantages and disadvantages of having a single legal profession. 1) Background The legal profession is largely middle class, partly due to the lack of funding for professional courses. In 1999, ethnic minorities formed 8.5% of the Bar and 5% of solicitors.
I want to become a lawyer because I’ve always been interested in the occupation and I want to help people. To be more specific I want to be a prosecutor. I used to watch shows such as Criminal Minds and Law and Order and I also watched the news. While watching the news, I began to think that not all criminals are getting caught, and they are starting to do more and more things to damage the world. I can’t stand thinking that people are doing horrible things and thinking its okay. I want to be able to put those people in prison where they belong.
Im thinking that its most likely that I will go to a university. If I do, I will go to the University of Phoenix. I’m attending the University of Phoenix for a few reasons but I’m ultimately going to the university to become a detective. I want to be successful and rich so I can have all the good things in life. I want to be able to have a family without financial stress and worries. My entire life my mom has and still is working two or three jobs just to make ends meet. That’s not where I want to be with my future. I want a sense of comfort that no matter what happens I’ll have the money to take care of it. I don’t exactly need a luxurious lifestyle, but I’d like to partake in a life of nicer cars, extravagant home, and cash in the bank. So after all I guess I would like to have a few dollars. It’s often hard to grow up without a substantial amount of money in the family. I’m going to make sure that my husband (who will be working just like me), and kids don’t have to go through all of that. On a more selfish side of the scale, I want to get out of that whole situation as well. I’d like to drive expensive cars and wear the clothes, and most of all, I always want to have money in my pocket. Like everyone else, I just want the good life.