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In this lesson we are going to have a look at the notion of legal occupations and explain basic
terms which refer to the people who work in these jobs.
The most general term is a lawyer who according to Black's Law Dictionary, is "a person
learned in the law; as an attorney, counsel or solicitor; a person licensed to practice law."
In practice, legal jurisdictions exercise their right to determine who is recognized as being a
lawyer; as a result, the meaning of the term "lawyer" may vary from place to place. Below
we are going to discuss the basic differences across Anglophone countries.
In England and Wales the legal profession is split between the solicitors’ and barristers’
professions and lawyers usually hold one title.
In the USA an individual licensed to practice law is referred to as an attorney at law or, more
often, simply an attorney - the terms barrister and solicitor are not typically used.
Nonetheless, attorneys within the United States usually must be "admitted to the bar", i.e.
must be granted permission by a particular court system to practice law in that system.
Then attorneys are permitted to conduct all aspects of litigation and appear before those
courts where they have been admitted to the bar.
A bar association is a professional body of lawyers. In many Commonwealth jurisdictions,
the "bar association" comprises lawyers who are qualified as barristers or advocates
(collectively known as "the bar", or "members of the bar"), while the "law society"
comprises solicitors.
The Inns of Court in London are the professional associations to one of which every barrister
in England and Wales (and those judges who were formerly barristers) must belong. Today
there are only four Inns remaining: Gray's Inn, Lincoln's Inn, The Inner Temple and The
Middle Temple.
A solicitor is a lawyer who traditionally offers legal services outside of the courts. They have
more direct contact with clients whom now they also frequently represent in courts not only
lower but more and more often higher courts (High Court, Court of Appeal), i.e. they act for
a client (as an attorney – tu: pełnomocnik). Solicitors may conduct litigation by making
applications to the court, writing letters in litigation to the client's opponent. They may
specialise in many areas of law but usually they choose one area of specialisation. To
become a solicitor a law student must enroll with the Law Society as a student member and
take a one-year course called the Legal Practice Course and then usually undertake two
years' apprenticeship, known as a training contract.
A barrister is not an attorney and is usually forbidden,
either by law or professional rules or both, from
"conducting" litigation. This means that while the barrister
speaks on the client's behalf in court, the barrister does so
when instructed by a solicitor. This difference in function
explains many of the practical differences between the two
professions. Barristers are also engaged by solicitors to
provide specialist advice on points of law. Barristers are
rarely instructed by clients directly (although this occurs
frequently in tax matters). Instead, the client's solicitors
will instruct a barrister on behalf of the client when
appropriate.
The practical difference between the two professions is twofold:
1. A barrister will usually have rights of audience in the higher courts, whereas other
legal professionals will have more limited access, or will need to take additional
qualifications to do so. In this regard, the profession of barrister corresponds to that
part of the role of legal professionals found in civil law jurisdictions relating to
appearing in trials or pleading cases before the courts.
2. Barristers used to have a major role in trial preparation, including drafting pleadings
and reviewing evidence. In some areas of law, that is still the case. In others, it is
relatively common for a barrister to only receive a "brief" from an instructing
solicitor to represent a client at trial a day or two before the hearing.
3. Barristers often have a more specialised knowledge of case-law and precedent.
When a solicitor in general practice is confronted with an unusual point of law, they
sometimes seek the "opinion of counsel" on the issue.
4. In court, barristers are often visibly distinguished from solicitors by their apparel. For
example, in Ireland, England and Wales, barristers usually wear a horsehair wig, stiff
collar, bands and a gown. As of January 2008 Solicitor advocates are also be entitled
to wear a wig, but wear a different gown