|
|
|
|
Solicitor
|
| |
|
| |
In the United Kingdom and Ireland, the legal profession is split between solicitors and barristers, and a law practitioner will usually only hold one title. However, in Canada, New Zealand and some Australian states, the legal profession is now for practical purposes "fused", allowing a legal practitioner to hold the title of "barrister and solicitor" and practice in both roles simultaneously. The distinction between barristers and solicitors is however retained.
In some other countries with common law jurisdictions, a solicitor is a lawyer who traditionally offers legal services outside of the courts.
re the unification of the Supreme Court in 1873, solicitors practised in the courts of chancery, while attorneys and proctors practised in the common law and ecclesiastical courts, respectively.
In the English legal system, solicitors traditionally dealt with any legal matter apart from conducting proceedings in courts (advocacy), with some exceptions.
Discussion
Ask a question about 'Solicitor' Start a new discussion about 'Solicitor' Answer questions from other users |
Encyclopedia
In the United Kingdom and Ireland, the legal profession is split between solicitors and barristers, and a law practitioner will usually only hold one title. However, in Canada, New Zealand and some Australian states, the legal profession is now for practical purposes "fused", allowing a legal practitioner to hold the title of "barrister and solicitor" and practice in both roles simultaneously. The distinction between barristers and solicitors is however retained.
In some other countries with common law jurisdictions, a solicitor is a lawyer who traditionally offers legal services outside of the courts.
England and Wales
Before the unification of the Supreme Court in 1873, solicitors practised in the courts of chancery, while attorneys and proctors practised in the common law and ecclesiastical courts, respectively.
In the English legal system, solicitors traditionally dealt with any legal matter apart from conducting proceedings in courts (advocacy), with some exceptions. Minor criminal cases tried in Magistrates' Courts, for example, and small value civil cases tried in county courts are almost always handled by solicitors. The other branch of the English legal profession, a barrister, has traditionally carried out the advocacy functions. Barristers would not deal with the public directly. This is no longer the case, as solicitor advocates may act at certain higher levels of court which were previously barred to them. Similarly, the public may now engage a barrister directly and without the need for a solicitor in certain circumstances.
Regulatory scheme
Solicitors in England and Wales are represented by, and therefore pay their practising fees to the Law Society of England and Wales. The Solicitors Regulation Authority and Legal Complaints Service act independently of the Law Society, but together make up the complete system of professional regulation for solicitors.
Training and qualifications
Training and qualifications are regulated by The Solicitors Regulation Authority. Prospective solicitors must first possess a qualifying law degree, or have completed a conversion course. Then prospective solicitors must enrol 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.
Recent developments
In England and Wales, the strict separation between the duties of solicitor and barrister has been partially broken down and solicitors frequently appear not only in the lower courts but (subject to passing a test) increasingly in the higher courts, too, (such as the High Court of Justice of England and Wales and the Court of Appeal). While the independent bar still exists in a largely unchanged state, a few firms of solicitors now employ their own barristers and solicitor-advocates to do some court work. Barristers, in turn, can now be directly instructed by certain organizations such as trade unions, accountants, and similar groups. Additionally, barristers who have completed the Bar Council's "Public Access" course can take instructions directly from members of the public, although there are some limitations on the type of work that can be done this way: for example, such barristers cannot take control of the conduct of litigation nor can they act in matrimonial matters.
This breakdown in the strict separation between barrister and solicitor is expected to go further in the next few years, with Legal Disciplinary Practices and Alternate Business Structures appearing.
Regulation of both barristers and solicitors is being reviewed by David Clementi on behalf of the Ministry of Justice. His final recommendations are expected to include a more unified regulatory system and new structures for cross-profession work.
Scotland
Scotland's legal system is separate from those of England and Wales and Northern Ireland. In Scotland, the legal profession is divided between solicitors and advocates, the distinction being similar to that between solicitors and barristers in England and Wales, though Scottish solicitors have traditionally represented their clients in the lower courts (such as the Sheriff Court and the District Court), only being excluded from the High Court of Judiciary and the Court of Session. However, under Section 24 of the Law Reform (Miscellaneous Provisions) Scotland Act 1990, suitably qualified solicitors were for the first time in Scotland granted rights of audience in the Supreme Courts in Scotland as well as in the House of Lords and the Judicial Committee of the Privy Council as solicitor advocates.
In Scotland, solicitors are regulated by the Law Society of Scotland, which require prospective solicitors to pass exams in a curriculum set by the Society. Ordinarily, this is done by obtaining an LLB in Scots law at a university approved by the Society, though it is also possible to sit the Society's own exams. Prospective solicitors are then required to take the Diploma in Legal Practice (a one-year course provided by several Scottish universities) and then undertake a two-year trainee ships with a law firm before they can qualify as a solicitor. As the Faculty of Advocates used to require a M.A. degree of its candidates, it used to be common to take a five-year combined MA LLB curriculum at the Scottish universities. Those intending to become solicitors who studied law as a first degree were at one time awarded a BL degree.
Prior to the formation of The Law Society of Scotland, solicitors were in most areas organized into a local Faculty of Procurators or Faculty of Procurators and Solicitors. These societies still exist, but their influence has waned. Whereas membership was once required in order to practice law in a particular locality, as long as a solicitor is registered with The Law Society of Scotland this is no longer the case. The local societies are now more likely to provide their members with a well-stocked law library, continuing professional development courses (all solicitors in Scotland are required to complete 20 hours of continuing professional development each year), and bring their members together to more effectively lobby The Law Society of Scotland and The Scottish Government regarding future legal developments.
In Glasgow, The Royal Faculty of Procurators still exists. In Edinburgh, both The Society of Writers to Her Majesty's Signet (now known as the W.S. Society), whose members refer to themselves as a Writer to the Signet (W.S.), and the Society of Solicitors to the Supreme Courts (S.S.C.) are still in existence. In Aberdeen, solicitors can choose to belong to a . Members are formally referred to as an "Advocate in Aberdeen" to distinguish them from advocates.
In the 18th century, Dr Samuel Johnson marked the change in designation of the lawyers in Glasgow with a jibe about their moving from "procuring" (a play on the title "Procurator," meaning agent, a word still used in the Scottish courts, particularly when one Scottish solicitor is explaining to the court that he is covering a hearing only in the capacity of agent to another solicitor), to "soliciting."
Solicitors in Scotland have full rights of audience in the Sheriff Courts throughout Scotland in both criminal and civil cases. They also have rights of audience in the District Courts (the lowest criminal court in Scotland), although these are now being replaced by Justice of the Peace Courts, in which a solicitor also has a full right of audience. When in court, a solicitor will normally wear a suit and tie together with a Scottish bar gown (a form of black robe).
Republic of Ireland
Solicitors in the Republic of Ireland are represented and regulated by the Law Society of Ireland. It was formally established by Royal Charter in 1852. The legislative basis for its current role is set out in the Solicitors Acts 1954-2002.
Irish independence in 1921 was marked more by continuity with the British legal system than with change. The legal profession has remained divided between barristers (or abhcóidí in Irish) and solicitors (or aturnaethe in Irish). However, there has been some blurring of their respective roles over the years. Notably, under Section 17 of the Courts Act 1971, solicitors were granted a right of audience in all courts, although in practice relatively few solicitors act as advocates for their clients in the Superior Courts.
Australia
Regulation of the profession in Australia varies from state to state. Admission to practice is state-based, although mutual recognition enables a practitioner admitted in any state to practice nationally. In some states, the distinction between barristers and solicitors is nominal and reflects individual preferences and membership of professional associations. In others, at least in a practical sense, the distinction is clear from the type of practice practitioners have, even if they are entitled to practice in the other branch of the profession. Thus, while members of the bar practice only as barristers, a practitioner is admitted as a "barrister and solicitor." Thus, every solicitor is also a barrister, although many prefer to brief counsel rather than appear in courts or tribunals themselves. The trend to a fused profession is similar to that outlined above in England and Wales.
The states of New South Wales and Queensland, however, maintain strongly independent bars, call to which requires extra training. In those states, solicitors' rights of audience before superior courts are theoretically unlimited, but infrequently exercised in practice. Victoria also has an independent bar but solicitors have full right of audience before all courts.
Hong Kong
Hong Kong has not fully embraced the "fused profession" trend; solicitors are governed by the Law Society of Hong Kong and barristers are governed by the Hong Kong Bar Association. A person intending to become a solicitor in Hong Kong must have a professional law degree, either LLB or JD or another equivalent degree, and complete the one-year PCLL program. They must also complete a two-year trainee solicitor contract with a law firm. Solicitors enjoy rights of audience in the lower courts, but the rights do not extend to the Hong Kong High Court and the Hong Kong Court of Final Appeal; rights of audience in these two higher courts are restricted to barristers. But this tradition may change in the future. Work related to legislating for higher solicitors' rights of audience is being done - including the formation of a working party under the Chief Justice. The Chief Justice of Hong Kong has nodded to the proposal of creating a special scheme, under which a solicitor would be able to gain the status of "solicitor-advocate" along with higher rights of audience.
Canada
In the English-speaking jurisdictions of Canada (and New Brunswick, a bilingual jurisdiction), the profession is being fused; all lawyers are called to the bar and admitted as solicitors. While many barristers and solicitors choose to practice within the scope of one or the other traditional disciplines, many others choose a cross-discipline practice.
Japan
In Japan, Shihou-syoshi, the second tier legal profession who are prohibited from giving legal advice but are only allowed to prepare documents on behalf of their clients, describe themselves as Japanese "solicitors". Their attempt to register the word "solicitor" as their trade mark in Japan, however, was thwarted by the Japanese Trade Mark Office rejecting the application on the basis that the word was generic.
See also
External links
|
| |
|
|
