Professional Titles

The legal profession in England is divided into two main groups: barristers and solicitors. A distinction between them is that barristers do the court work and solicitors do the office work. A barrister spends most of his time either in a courtroom or preparing his arguments for the court and a solicitor spends most of his time in an office giving advice to clients , making investigations and preparing documents.

Barristers specialize in arguing cases in front of a judge and have the right to be heard, the right of audience, even in the highest courts. They are experts in the interpretation of the law. They are called in to advise on really difficult points. The barrister is also an expert on advocacy (the art of presenting cases in court). They are not paid directly by clients, but are employed by solicitors. Barristers work in what are known as chambers. They belong to the institutions called Inns of Court, which are ancient organizations rather like exclusive clubs. Judges are usually chosen from the most senior barristers, when they are appointed they cannot continue to practice as barrister.

Solicitors do much of the preparation for cases which they then hand to barristers. Solicitors do legal work which does not come before a court, such as drawing up wills and dealing with litigation which is settled out of court. Solicitors have the right of audience in lower courts, but in higher courts they must have a barrister argue their client’s case.

In the United States there is no division of the profession and a lawyer does both office work and courtroom work. A practicing lawyer in the USA is an attorney.

Entering the Profession

In some countries in order to practice as a lawyer it is necessary to get a university degree in law. In others, a degree may be insufficient, professional examinations must be passed.

In Britain the main requirement is to pass the Bar Final examination (for barristers) or the Law Society Final examination (for solicitors). Most solicitors begin their careers with a degree, usually in law, from a recognized university followed by a year in a specialized law school run by Law Society. Then follows two years' practical experience as an articled clerk. During this time his work is closely supervised by an experienced lawyer, and he must take further courses. Barristers must have a second class honours degree from a recognized university. Then follows a one-year course at the Inns of Court School of Law. After the Bar final examinations, a student must find a pupillage in chambers, where he is attached to an experienced barrister and attends court with him for 12 months, learning his profession.

Jury

Under the legal system of England a person accused of a serious crime who pleads ‘not guilty’ to the crime will be tried by a jury. Juries also hear some civil cases and decide whether a person is ‘liable ‘ or ‘not liable’. Jurors are selected at random from lists of adults who have the right to vote. They must be between the ages of 18 and 70 and have lived in Britain for at least five years. Members of the armed forces, the legal profession and the police force are not allowed to sit on juries. In England 12 people sit on a jury. The court pays only their expenses. Lawyers representing either side in a case have the right to object to a particular person being on a jury. The jury hears the evidence presented by both sides. After that the jury retires to the jury room to discuss the case. When all members of the jury agree they return the verdict, go back into court and say whether the accused is guilty or not guilty. The verdict is announced by the foreman (= the person chosen by the jury as their leader). Sometimes the jury cannot all agree and the judge may allow a majority verdict (no more than two members of the jury disagree). If no verdict is reached the trial is abandoned and started again with a new jury. It is not the responsibility of the jury to decide punishment though in some civil cases they may decide how much compensation should be paid.