Advocacy and written advice

Barristers specialise in advocacy. They also prepare written advice when asked to by solicitors. However, solicitors can now become certified advocates. Solicitors can also obtain a certificate of competency, so they can appear in higher courts, as well as in Magistrates' and County courts.

Solicitors generally specialise in more then one area of law, such as conveyancing, matrimonial causes, taxation, probate or commercial contracts. Barristers are more focused on one point, so that they can specialise in presenting, and arguing a case in court. Although solicitors may have a wider field of expertise, barristers have a more detailed and specialised knowledge of certain aspects of law. Therefore, solicitors can deal with a wide range of cases and give people varied advice, whereas barristers know much more about the case that they will be taking to court.

Career Opportunities

Once qualified to become a solicitor or a barrister, a person can take steps to go further up in the profession. For example, a barrister can apply to become a Queen's Counsel (QC) after being in practice for 10 years. However, only those at the very top of their profession are likely to be selected by the Lord Chancellor for this honour, and it is extremely rare to be appointed on one's first application. QC's can command higher fees. They may be accompanied by a junior barrister in court, but this is not a formal requirement any more.

Solicitors can also train more and go higher up in the profession. These days they can become certified advocates, and present cases in the higher courts. They are now also eligible to become district judges or circuit judges, and can then be elevated to the senior judiciary. The possible appointment of solicitors as High Court judges was introduced by the Courts and Legal Services Act 1990.

All this taken into account, we can now see that the roles of barristers and solicitors in society are quite different. Many people think that barristers and solicitors are either very similar, or that barristers stand higher up on the professional ladder than solicitors. But, in fact, they do different jobs and specialise in different subjects.

Task 4. Answer the following questions on the text.

1. What can be said about the financial aspect of barristers' training and payment?

2. What do barristers and solicitors specialise in?

3. What are the career opportunities of solicitors and barristers?

Task 5. Read the text and say what new information you have gathered from it.

Lawyers' Work

Lawyers work to assure the principle of equal justice under law to the people of the state.

A lawyer is both an advisor and an advocate. As an advisor, a lawyer informs clients about legal matters or represents persons, businesses, and the government in such matters as contracts and commercial transactions.

As an advocate, a lawyer acts for the client in court. A lawyer also advocates on behalf of clients in resolving disputes out of court.

Lawyers' work can include defending or prosecuting those accused of committing a crime.

Lawyers research legal issues, draft contracts, wills and other documents, counsel, mediate, and negotiate settlements.

Some lawyers specialise in advising corporations working as in-house counsel. They also act for the company in court if a dispute arises.

Most lawyers practise in law firms that can be small or big, but usually have different areas to counsel clients on.

Usually, lawyers concentrate on a certain practice area: taxation or intellectual property, some practise public interest law, for example, working to protect the environment.

Some lawyers may be appointed or elected to serve as judges. Judges preside in the courtroom. They resolve disputes and give the judgments. In a jury trial, they rule on points of law and tell the jury about the law that governs the case.

Lawyers also work for various government agencies and organisations.

Legal careers also include teaching law and research.

There are law-related jobs for which law degree qualification is not required. These are clerks, court reporters and secretaries.

Careers in Law Enforcement, in the USA for example, such as Private and Criminal detectives, FBI agents, Police officers, Customs officers are possible after obtaining a Criminal Justice degree.

Task 6. Find in the text the answers to the following questions:

1. What is the ultimate goal of lawyers' work?

2. What functions does a lawyer fulfill as an advisor and an advocate?

3. What is the scope of lawyers' activities?

4. What spheres do lawyers apply their knowledge and skills in?

5. Do lawyers mostly specialise in a particular field of activity?

6. What does a lawyer do in the capacity of a judge?

7. Can lawyers work as teachers of law and researchers?

8. What law-related jobs do not require the qualification of a lawyer?

9. What careers in law enforcement require a Criminal Justice degree?