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Lawyer is the generic name given to members of our legal profession. There are two main branches of the profession, Solicitors and Barristers. An emerging branch is that of the Legal Executives, who do very similar work to solicitors.
The main differnce between the main two branches is that solicitors usually work from behind a desk giving advice etc to the general public. Barristers work in the court room as an advocate representing people during their trial.
In summary solicitors prepare the case and barristers present the case in court.
However, as you will discover this is a very general description and there are many exceptions and some would say there has been a merging of the two professions over the years and solicitors and barristers now carry out very similar work.
Solicitors
The routes to becoming a solicitor
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Non-Law graduate |
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Non-graduate |
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A-Levels |
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A-Levels |
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GCSE/Mature student |
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Degree in Law |
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Degree |
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Enter Legal Profession |
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Legal Practice Course |
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Conversion Course (CPE, GDL) |
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ILEX Part 1 |
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Training Contract |
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Legal Practice Course |
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ILEX Part 2 |
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Professional Skills Course |
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Training Contract |
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2 years legal experience |
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Admission to the Roll |
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Professional Skills Course |
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Legal Practice Course |
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Admission to the Roll |
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Professional Skills Course |
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Admission to the Roll |
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The three routes to becoming a solicitor explained further
The quickest and usual route to becoming a solicitor is by gaining a law degree. If however your degree is in another subject it is possible to do a one year conversion course, the Common Professional Examination (CPE).
The next stage is to complete the Legal Practice Course (LPC), this course includes training in such things as client interviewing, negotiation, advocacy and drafting legal documents. Click here to see the Solicitors Regulation Authority's guidance on the Legal Practice Course.
Once these two academic stages are completed it is necessary to complete a two year training contract with a firm of solicitors. This is to gain practical experience. Whilst on this training contract the trainee will be required to complete a 20 day Professional Skills Course which bulids on the skills learnt on the Legal Practice Course. Once the two year training contract is completed they will become a fully qualified solicitor and their name will be added to the roll of solicitors maintained by the Law Society.
To read the Law Times article, 'How to get a training contract - an insiders guide.' Click HERE
There is also a non-graduate route to becoimg a solicitor. This is also know as the ILEX route where potential future solicitors first train the become Legal Executives. This route is only open to mature students and takes longer than the other two routes but it does enable people to earn money at the same time as they train to become a solicitor.
The work of solicitors
The vast majority of solicitors work in private practice for a solicitors' firm, however, there are other organisations/careers open to a qualified solicitor;
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Crown Prosecution Service (CPS)
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Local Authority Legal Department
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Government Legal Department
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Legal Advisors in Commercial Organisations
For those working in private practice the type of work they would carry out would be be among the following depending on the type of solicitors' firm they work for;
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writing letters on behalf of clients
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advising clients on consumer or housing rights
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advising clients on family law - divorce, access to children etc
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drafting contracts and other legal documents
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drawing up wills
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advising clients in matters of business
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conveyancing - this is the legal side of buying and selling houses
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representing clients in court - usually the Magistrates' and County Courts
 Many solicitors specilise in one particular area of law and would therefore only deal with that type of case, for example, a criminal solicitor or a solicitor who only deals with divorce and family law cases.
Solicitors Rights of Advocacy
All qualified soliciotrs have always been able to represent clients in the Magistrates and County Courts, however, their rights of audience in the higher courts have, in the past, been very limited. Under the Courts and Legal Services Act 1990 a solicitor in private practice can now apply for a Certificate of Advocacy which enables them to appear in the higher courts. To obtain this certificate the solicitor would have to take additional examinations. Under the Access to Justice Act 1999, s36, all solicitors will automatically be given full rights of audience in the future. However the new training requirements have yet to be introduced to make this change possible.
Compalints against solicitors
A client has a contract with their solicitor and can therefore sue them if their work is negligent. In Griffiths v Dawson (1993) the solicitor for the claimant had failed to make the correct application during divorce proceedings and as a result the claimant lost out financially, the court ordered the firm of solicitors to pay the claimant £21,000 in compensation.
Other people affected by the negligent work of a solicitor may also be able to sue. This was seen in White v Jones (1995) where a father wanted to make a will leaving £9,000 to each of his two daughters. The father sent these instructions in a letter to his solicitors in the July, unfortunately the solicitors did nothing by the time the father died in the September. As a result the daughters did not inherit any money and they successfully sued the solicitor for the £9,000 they had each lost as a result of the solicitors' negligence in not drawing up the new will as instructed.
Following the case of Hall v Simons (2000) solicitors can also be sued for negligent work in court when acting as an advocate.
There is also a Legal Services Ombudsman who takes up complaints against solicitors if the Legal Complaints Services doesn't provide a satisfactory answer to a complaint.
Barristers
The routes to becoming a barrister
| Law graduate |
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Non-Law graduate |
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A-Levels |
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A-Levels |
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Degree in Law
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Degree in any subject |
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Bar Vocational Course
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Conversion Course (CPE, GDL) |
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First Six Months Pupillage
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Bar Vocational Course
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Second Six Months Pupillage
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First Six Months Pupillage |
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Tenancy
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Second Six Months Pupillage |
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Tenancy |
The routes to becoming a barrister further explained
The link above provides excellent information on the route to becoming a barrister if you have a degree, however, there is also a non-degree route for mature students.
To read the Law Times article, 'Finding a pupliage - a guide to the Bar clearing system.' Click HERE
The work of barristers
Barristers are usually self-employed working in chambers. They share administrative costs and employ a clerk who books in cases and negotiates fees on their behalf. A tenancy in chambers is no longer essential however it is still seen as the way to allow a barrister to build a successful practice.
The majority of barristers concentrate on advocacy, having full rights of audience in all courts in England and Wales. A small percentage of barristers rarely appear in court as an advocate and specialise in areas such as tax or company law. All barristers will spend some of their time writing opinions on cases, giving advice and drafting documents for use in court.
Originally anyone who wished to instruct a barrister would have to go to a solicitor first. Since September 2004 it is possible to instruct a barrister direct withour the need to go through a solicitor first in all civil cases. However, in criminal cases direct access is still not allowed and a client must first instruct a solicitor who will engage a barrister on their behalf.
Barristers normally work on what is known as the cab rank rule, under this rule they cannot turn down a case if it is on an area of law they normally deal with and they are free to take the case on. However, where clients approach the barrister direct the cab rank rule doesn't apply.
Some barristers are employed by other organisations, such as, the Crown Prosecution Service (CPS), others are resisdent in a firm of solicitors and some big commericial organisations employ full time barristers.
Queen's Counsel
About ten percent of barristers are Queen's Counsel (QC). Becoming a QC is known as 'taking silk'. QCs usually take on the more complicated cases and they earn far higher fees than junior barristers. It is only after working as a junior barrister for at least ten years than you can apply to become a QC.
QCs usually take on high profile cases and ocassionally become very high profile personalities themselves. An example is Michael Mansfield QC who made a name for himself in, among others, the following famous cases;
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the Orgreave miners who were unjustly accused of riot during the miner's strike in 1984
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the Birmingham Six, who were released in 1991, nearly sixteen years after being wrongly convicted of the Birmingham pub bombings
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James Hanratty, hanged in 1962 for murder
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representing Mohamed Al Fayed at the Inquests into the deaths of Diana, Princess of Wales and Dodi Al Fayed which began at the Royal Courts of Justice on 2nd October 2007.
A new system for the appointment of QCs was set up in 2004. Appointment is now made by an independent selection panel. Junior barristers and solicitors with an advocacy qualification must pay a fee of £2,500 to apply to become a QC. After interview by the selection panel they recommend names to the Lord Chancellor who then appoints them as QCs.
Watch the video - A guide to becoming a barrister
Complaints against barristers
Barristers can be sued for negligent work. In Saif Ali v Sydney Mitchell and Co (1980) it was held that barristers can be sued for negligence in respect of written advice and opinions. As discussed earlier following the case of Hall v Simons (2000) barristers can also be sued for negligent advocacy work in court.
Bar Standards Board
Complaints against barristers are dealt with by the Bar Standards Board. The board can order a barrister to pay compensation of up to £5,000 to a client. The complaints process is overseen by an independent Lay Complaints Commissioner.
Senate of the Inns of Court
Barristers can also be disciplined by the Senate of the Inns of Court if they fail to maintain the standards set out in their code of conduct.
Legal Services Omsbudman
The Legal Services Omsbudman, discussed earlier, can also investigate complaints against barristers where the official channels have been unable to get a satisfactory answer.
The professional body for barristers is called the Bar Council
Fusion of the professions
Should the professions of solicitor and barrister be fused into one?
The advantages of fusion
The disadvantages of fusion
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A decrease in the specialist skills of advocacy
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Loss of availability of advice from independent specialists at the bar
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Less objectivity in consideration of a case (currently the barrister provides a second opinion)
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Loss of the cab rank system
However these arguments for and against fusion are now less relevant since the changes made by the Courts and Legal Services Act 1990 and the Access to Justice Act 1999 which mean solicitors and barristers can now take on a case from start to finish.
To read an article from the Times against the fusion of the the legal professions click here
Do you fancy a career in the Legal Profession?
Students interested in a career in the legal profession may be interested in the Pathways to Law programme offered by Warwick University. The programme provides the information, advice and guidance you need when studying law and helps you to succeed when you start your career in the legal profession. You can ring Robyn Smith for further information on 02476 150584 or email enquiries can be made to pathways@warwick.sc.uk
Still haven't found what you're looking for on the legal profession? Try searching the web.
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