A Critical Analysis of The Legal Professions
1.0 Introduction
The English legal profession, which applies in England and Wales, is
separated into two different types of lawyer: the solicitor and the
barrister. There are similarities and areas of overlap in both jobs. A
solicitor deals with a whole spectrum of legal issues whereas a
barrister usually specialises in one area and advises solicitors when
asked. Solicitors are usually employed in a partnership as part of a
solicitor's firm and their governing body is The Law Society.
Barrister's are usually self-employed and specialise in advocacy.
After fifteen to twenty years a barrister can progress to the Queens
Counsel (QC's) by application. The Queen on the advice of the Lord
Chancellor appoints QC's. QC's 'represent the top ten percent of
barristers' (Keenan, 2002) and due to this many applications are
turned down and barristers may have to apply many times. The governing
body for barristers is The BAR Council.
The following report aims to critically analyse the legal profession.
2.0 Training
Training in the professions is a long and intensive course. Firstly to
become a solicitor or a barrister an individual would need to get
their BA in law or if a different degree level course is studied they
would have to take a conversion course that lasts a year in which
tuition fees apply. From this stage the individual may have already
got them self into owing a large debt as the average postgraduate for
2004 tops £10,000 (Average Student Debt,
http://news.bbc.co.uk/1/hi/education/1939528.stm, BBC.co.uk 2004,
[Accessed: 28/05/2004]). Then the individual would have to pay
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...en met;
(b) whether the customer received an inducement to agree to the term,
or in accepting it had an opportunity of entering into a similar
contract with other persons, but without having to accept a similar
term;
(c) whether the customer knew or ought reasonably to have known of the
existence and extent of the term (having regard, among other things,
to any custom of the trade and any previous course of dealing between
the parties);
(d) where the term excludes or restricts any relevant liability if
some condition is not complied with, whether it was reasonable at the
time of the contract to expect that compliance with that condition
would be practicable;
(e) whether the goods were manufactured, processed or adapted to the
special order of the customer
Taken From: Unfair Contract Terms Act 1977
Wasserstrom considers a few options with in his discussion concerning a multitude of aspects faced by lawyers. "The lawyer's situation is different from that of other professionals. The lawyer is vulnerable to some moral criticism that does not as readily or as easily attach to any other professional." Thi...
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.
Paralegals have become an essential part of today's legal system, and as the profession becomes one of the leading and fastest growing occupations in the U.S. economy; these individuals perform delegated tasks under the supervision of attorneys. Education has played an important part on this matter; it has facilitated this development by allowing lawyers to use these skills professionals as agents to delegate specific tasks such as legal research, gathering of information and the drafting of specific legal documents under the supervision and final approval of their principals. This has been very significant because now; we can enjoy a speedy process in a cumbersome legal system. From en economic standpoint, it has also been beneficial by decreasing the substantial amount of the legal cost a firm could incur if only lawyers were allowed to perform this kind work.
Hatch, Scott A., Hatch, Lisa Zimmer. Paralegal Career For Dummies. Hoboken, NJ: Wiley Pub., 2006. Print.
Firstly, as barristers are professionally bound to accept a brief, the cab rank rule promotes access to justice by ensuring legal representation is available to all, including the undesirable client or the unpopular cause. This ensures equality before the law and allows clients to be represented by a barrister of their choice. As the choice belongs to the client, not the lawyer, this improves the quality of legal representation available. It promotes the ideal of service for t...
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Although the legal profession is a single discourse community, it is made up of many smaller discourse communities. This is so because while all lawyers share the same broad goals of the legal profession and have a general knowledge and expertise in all areas of the law, most lawyers after graduating from law school and passing the bar exam specialize in a particular area of law. This specialization requires the lawyer to go beyond the broad concepts of law as a whole and to become knowledgeable and proficient in the sometimes minute details of a more specific area of law. Even then, some lawyers will go even further to focus on one aspect or another of that particular area of law. This results in most lawyers being members of many even smal...
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.
•Solicitors had to serve as an in-between between the barristers and their clients. So they were “in trade” which was less respectful to become solicitor one had to be an apprentice for 5 years to a practicing lawyer
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.
International Trade Law Case Study Introduction International trade transaction is essential for the sale of goods with the addition of an international element. In practice, the seller and buyer are in different countries where the goods must travel from the seller’s country to the buyer’s country by various means of transports. In international sale of goods, they usually transit the goods by sea because of the international transactions. Therefore, contracts for the carriage of those goods must be procured between the seller or buyer and common carrier depending on different types of sale of contracts. Moreover, in most of incidences, the agreed goods are usually insured at a reasonable amount in case of being loss or damaged during the transit.
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.
Criminal Justice professionals make decisions everyday and they have to be able to recognize when an issue involves ethical considerations. Therefore, in order to recognize these issues and make appropriate and correct decisions, it is important that the criminal justice professional study ethics. In order to make a good ethical decision the professional will have to have the ability to apply knowledge of ethics, know the ethical terminology and the concepts needed in making a good ethical decision.
You had better know what you want to do when you get older and you better like it because that is what you will be doing for the rest of your life. However, most of the jobs today needs at least 2-4 years of schooling. I want to be a lawyer. A lawyer will almost always get paid a lot to represent someone or some business. All a lawyer has to do is argue for their client and make them sound good and help them out in legal cases. Also, the lawyer gets to tell their client how much they want to be paid. I think that a lawyering job would be good for me because I love to argue, persuade people, and help people. There are few careers that the general public has the most misconceptions about and lawyers are one of the most common.
Career as a lawyer is very respectful as they serve to maintain the law and order. They are responsible for providing justice to the innocent and punishment to the offenders. Career as Lawyer on one side is challenging and risky but on the other side, it is prestigious and honorable as well.