Functions of solicitors

They perform a wide variety of work including conveyancing, probate, divorce, company and commercial matters and general litigation. Some solicitors are specialists, concentrating on company law or maritime law, for example. Many others are general practitioners, deriving most of their income from conveyancing and general litigation, but prepared to undertake most work requested by their clients. They also deal with all day-to-day work of preparing legal documents for buying and selling houses, making wills etc. Solicitors are traditionally entitled to conduct pre-trial work. If a barrister’s services are needed the solicitor will instruct the barrister. Solicitors are not involved exclusively in office work. They also work on court cases for their clients, prepare cases for barristers to present in the higher court. They have a right of audience in magistrates and county courts and many solicitors specialize in advocacy. There is no legal obligation to employ a solicitor when seeking a legal remedy. A person may conduct his own case in any court provided he has the time and common sense to understand and apply the basic procedures involved.

Functions of barristers

Although solicitors and barristers work together on cases, barristers specialize in representing clients in court. Only a minority of qualified barristers practice at the bar. The rest work in industry or education. Barristers’ work includes advocacy in all courts and giving written opinions on their specialist areas. Prior to 1990 a barrister could only take instructions from a solicitor. Now a barrister may enter into a contract with a client for the provision of services and payment of fees. Barristers may also make contracts with other professionals, for example accountants who are not involved in litigation, but who wish to obtain an expert opinion. Barristers have a right to be heard in any court, but they may not form partnerships, nor may they sue for their fees. In court barristers wear wigs and gowns in keeping with the extreme formality of the procedure.

Functions of judges

They are state officials with power to adjudicate on disputes and other matters brought before the courts for decision. In English law all judges are appointed by the Crown , on the advice of either the Lord Chancellor or the Prime Minister. All judges are experienced legal practitioners, mostly barristers. They can only be removed from office by a resolution of both Houses of Parliament assented to by the Queen. There is no separate training for judges.

Functions of magistrates

Most magistrates are lay persons and have no formal legal qualifications, but they are respectable people who are given some basic training. They are appointed by the Lord Chancellor on the recommendation of local advisory committees, but receive no payment for their services and give their time voluntarily. A case is heard by a bench of three lay magistrates who are advised on the law by a clerk of the court. Over 90 per cent of criminal cases are heard by magistrates. They are also known as justices of peace (JPs).