The Legal Profession
Barristers: work in ct., rights of audience in all courts, no personal client contact, 6,000; LL.B. in 3-4 years ? Bar School (run by Council of the bar) + Exam + join one of the Inns of Court and participate in 24 "dinners" + be "called to the bar" and become a barrister + do pupillage (1 year, little dough, in chambers) ? tenancy ("tenant") in the Inns of Court (only in pupillage chamber) + Q.C. (top 10 %) + Judge; in the chambers works a clerk (non-lawyer, who will distribute briefs given to him by solitors)
Solicitors: clients, law firm, salary; rights of audiency in County and Maggi Courts; 60,000; LL.B. in 3-4 years ? Law School (1 year) + Law Society Finals ? "Articles" (2 year in law firm, paid + solicitor + partner + circuit judge or recorder (rare); give briefs to clerk
Courts and Legal Services Act 1990: attempted (1) fusion of the profession ? rights of audience via "certificates of competence in advocacy" which all barrister have automatically and solitors need to obtain by a special test; (2) make it possible for solicitors to become judges in the higher courts (so far, one solicitor has become a High Court Judge). Lawyers now have to work as assistant recorders before they can become judges.
Arguments for fusion:
(1) Prevent unnecessary repetition of work.
(2) Better the quality of advocacy.
(3) Diminish problems of last-minute barrister selection.
(4) Costs would be reduced.
(5) Waste of talent would be stopped.
(6) Scope for the selection of judges would be increased.
Arguments against fusion:
(1) Expert and specialist skills would be abolished.
(2) The overall standards of advocacy would deteriorate.
(3) Standard of ethical behaviour would diminish.
(4) Lawyers may be inclined to keep clients rather than direct them to specialist firms.
(5) Smaller firms would be left without specialist advice and lose clients.
(6) The cab rank principle would cease (barristers would no longer have to take every case).
At the end of the day, the arguments against fusion prevailed. The main argument was that of standards of advocacy.