The legal profession - Asian Massive Crew Community 2002/2020
Home Control Panel Gallery Chat Room Arcade Eye Candy Projects Multimedia Networking Search Sign Up

Advertisements



★ ♥ ★ A Multicultural Community that unites people from all over the world ★ ♥ ★
Go Back   Asian Massive Crew Community 2002/2020 > PROFESSIONS / EDUCATION > Law > British Law
Forgotten Your Password? Register
User Tag List

Closed Thread
 
Thread Tools

The legal profession
  #1  
Old 23-02-2004
KALKI's Avatar
KALKI
RHTDM
KALKI is offline
 
Join Date: Mar 2003
Location: I own a tent, it has a hole in it.
Posts: 47,407
KALKI has a brilliant futureKALKI has a brilliant futureKALKI has a brilliant futureKALKI has a brilliant futureKALKI has a brilliant futureKALKI has a brilliant futureKALKI has a brilliant futureKALKI has a brilliant futureKALKI has a brilliant futureKALKI has a brilliant futureKALKI has a brilliant future
Country: KALKI's Flag is: UK
My Mood:
Status:
:|

The legal profession


The legal profession

You may have come across the term ‘lawyer’ and wondered exactly which member of the legal profession it refers to. The term applies to solicitors, barristers and judges. Outside the legal profession, it is commonly applied to law academics such as lecturers and researchers. Below we will focus on the work of solicitors, barristers, judges and other key legal personnel.
Solicitors and Barristers
A further question you may have asked yourself is, why does the English legal system need both solicitors and barristers? The simple answer is one of history. Historically, the English legal system has had 2 types of lawyers. Later in this chapter we will consider whether it is logical to maintain this historical division in today’s society. Before that, we will look at the role each plays and the qualifications and training required.


Solicitors
The work of solicitors. Anyone with a legal problem will (in the majority of cases) go to see a solicitor before they do anything else. Depending upon the size of the firm of solicitors, they can potentially deal with anything coming through their doors, ranging from the sale of a house, to a complex murder case. Solicitors do not simply work from an office or see clients and deal with paper work. They need to do legal research in order to advise clients and observe the numerous procedural rules and then, appear in court to represent their client. They have the right to present a case or a trial (known as ‘rights of audience’) before the county courts, the magistrates’ courts and can make certain applications in the Crown Court and High Court. Following the Courts and Legal Services Act 1994 ‘CLSA’, experienced solicitors who have taken on extra special training have rights of audience in the High and crown courts.

Qualifications and training. The usual route for would-be solicitors is as follows:


study for a law degree. This can be completed full time (over 3 years) or part time (over approximately 4-5 years). However, students who already have degrees in subjects other than law can take the Common Professional Examination ‘CPE’ (full time over 1 year and part time over 2 years);

the next step for all is to complete the Legal Practice Course ‘LPC’ (full time over 1 year or part time over 2 years) to learn the various procedural and legal rules which must be observed by solicitors. This course is run by universities throughout the country;

after successfully passing the LPC, students must complete a ‘training contract’, formerly known as ‘articles’. Students spend 2 years learning the skills of the trade in a firm of solicitors;

once the training contract is completed and the necessary professional skills examinations passed, the student applies to the Law Society to be admitted as a solicitor. The student may only refer to himself as a ‘solicitor’ after this stage, and practise once he has obtained a ‘practising certificate’ (from the Law Society). The new solicitors is then employed by firms of solicitors.

Barristers
The work of barristers. Unlike solicitors, barristers cannot advertise for clients. Clients come to barristers through solicitors, who ‘brief’ the barrister for his advice or to represent a client in court - the rules have been relaxed recently so that certain clients (i.e. the CAB) may approach barristers directly.

In the majority of cases, this means that by the time the client actually sees a barrister, the solicitor would have carried out quite a lot of legal preparation in the case. Unlike solicitors, barristers are bound by the ‘cab-rank’ rule which requires them to take any case offered by a solicitor which is within their area of expertise. They cannot choose to take on or refuse a particular case. Barristers may either work from a set of ‘chambers’ or are employed in organisations such as the Crown Prosecution Service and local government. Those working from chambers are self-employed and contribute to costs of running of the chambers.

Barristers have traditionally been seen as specialist advocates, representing clients in the superior courts (that is the Crown Court, High Court and appeal courts). However, while more senior members of the Bar may specialise in certain areas of law, in practice, many junior barristers take on a wide range of work and represent clients in both the superior and inferior courts (that is, the county court and magistrates’ court).

Qualifications and training. After obtaining a law degree (or completing the CPE), students who want to practise in the United Kingdom must:


become a member of one of the 4 Inns of Court;

go on to complete the 1 year, Bar Vocational Course ‘BVC’ to learn the various procedural and legal rules of practice. The BVC was traditionally held at the Inns of Court, School of Law in London. However, it is now being run by certain universities around the country;

during time spent at Bar School, student are required to comply with the outmoded and costly practice of dining 12 times in their Inns of Court;

after successfully passing the BVC and completing 12 meals, the student can be ‘called’ to the Bar, and can call themselves ‘barrister’. However, they are not allowed to practise as a barrister until they have completed a ‘pupillage’ over 12 months, during which time they learn the tricks of the trade.
Arguments for and against a divided legal profession.

A few other countries have a divided legal profession, but others manage just as well with only one type of lawyer. So why do we carry on this tradition? Historically, arguments for the division have centred around the general view that barristers provide a specialist service in advocacy and knowledge of specific areas of law, a service which is somehow better than that provided by solicitors. In fact, some students have commented that barristers are more superior to solicitors and hold the mistaken belief that barristers go through more intensive specialist training. Some members of the Bar have argued that someone has to be a specialist in particular areas of law. Owing to the nature of the work of solicitors, they are not always able to divide their time between seeing clients in the office, attending court and preparing for complex trials in the superior courts. A barrister does have time to prepare more expertly for trials, thus saving time, effort and keeping costs to the minimum. The division is therefore necessary, even though it leads to a duplication in work and 2 sets of legal fees. However, it is arguable these assumption can no longer be held for the following reasons:


while there are senior barristers who are exceptional when it comes to advocacy in trials, the majority of junior barristers spend quite a lot of their time in the inferior courts learning how to become good advocates. It is now acknowledged that solicitors with several years experience also become experienced in advocacy and trial work and may be better at it than some junior barristers. Since the CLSA 1994 (see 2. above), ‘solicitor advocates’ have made inroads into the monopoly held by barristers in the superior courts (see above);

training in advocacy is not limited to barristers. The BVC does include training in advocacy, but this is a skill which must be developed by the individual once they have completed the course. The LPC has remedied some of the failings of its predecessor, (the Law Society Finals) and also includes training in advocacy. Therefore, the new breed of solicitor receives some advocacy training;

senior solicitors can also become specialists in a particular area of work. Larger firms of solicitors can afford to allocate a solicitor to one speciality. In order to cut down on their costs, more are taking advantage of their greater rights of audience and dealing with cases from start to finish rather than briefing a barrister;

we have seen that the BVC and LPC are taken over 1 year, so it cannot be argued that barristers receive more intensive training than solicitors at this stage. Further, solicitors spend 2 years in various departments of a firm of solicitors learning the ropes. Barristers only spend 12 months learning their trade, and are expected to be ready to ‘stand on their feet’ or advocate in court in the second 6 months of pupillage.

Judges
The work of judges. In order to make sure the English legal has a fair system of justice, judges are independent, or are not influenced when making decisions by the Crown or the government. Acting in this independent role, they carry out the following functions:


they ensure proper procedures are followed in court hearings and trials;

when presiding over a trial, they will listen to the factual and legal arguments presented by solicitors and barristers. In civil cases, the judge act as both judge and jury, making decisions on both the facts involved and the law. In criminal cases, they only explain the law to the jury. The jury is then responsible for deciding whether the offender is guilty or not guilty based on the facts of case and the explanation of the law they receive from the judge;

they interpret laws;

in criminal cases, they alone are responsible for sentencing offenders;

in all cases, they have the power to hold someone in ‘contempt of court’. Contempt of court may arise where someone refuses to comply with an order made by the judge or carries out a radical act in court, like calling the judge names. It is punishable by a fine or imprisonment.
How does someone become a judge? All judges are appointed by the Queen after consulting with representatives of her government. In order to become a judge of the superior courts, the individual must have experience as a barrister. For example, to become a High Court judge, a minimum of 10 years experience is required. For the appeal courts, a minimum of 15 years is required. In the inferior courts, judges may come from the ranks of solicitors and barristers who have experience as either solicitors/barristers.

Types of judges. In the House of Lords, judges are known as Lords of Appeal in Ordinary. In the Court of Appeal, they are known as Lord Justice of Appeal. In the High Court, they are called High Court Judge. In the Crown and County Court, they are called Circuit Judge.
Recorders are also Crown Court judges. Stipendiary’s work in the Magistrates’ Court.


Other legal Personnel
Legal Executives. These individuals work alongside solicitors, preparing routine legal work, taking instructions from clients and sometimes taking notes in Crown Court. The more experienced they are, the more responsibilities they are given in the firm. Some go on to take the Institute of Legal Executives examinations, and after that, go on to take the LPC and qualify as solicitors.

Para Legals.
Again, they work alongside solicitors, providing a support service, such as taking instructions from clients. No qualifications are required to work as a para legal, but most firms do look for people with previous experience in the legal profession. Solicitors’ clerks play a similar role


Yaad Kuch Aata Nahin, Yeh Hua Kab Se...Ho Gaya Mushkil Chhupaana Raaz Yeh Sab Se...Tum Kaho To Maang Loon Main Aaj Kuch Rab Se Rabba mere rabba rabba, rabba mere rabba,Is pyaar ko main kya naam doon Roshni se bhare bhare..Bhare bhare naina tere..Chhooke bole na chhoona mujhe Suraj hua maddham, chaand jalne laga..Aasmaan yeh haai kyoon pighalne laga..Main thehra raha, zameen chalne lagi.. Bheeghi Bheeghi Raaton Mein, Phir Tum Aao Na...Asi Barsaton Mein Aao Na.. Humko Humise Chura Lo, Dil Mein Kahin Tum Chhupa Lo,Hum Akele Kho Naa Jaaye, Door Tumse Ho Naa Jaaye,Paas Aao Gale Se Lagaa Lo Toota Toota ek parinda...Jo bhi kaal hua kal bhi phir aayaga Hai...Tumse milke dil ka hai jo haal kya kahe..Ho gaya hai kaisa yeh kamaal kya kahe Ruka Ja, Oh Jaana Wali Ruka Ja...Nazara Mein To Tera Bhura Sa Sahi..Adami Mein Bhura Nahi Dil Ka Aja Re, Aja Re Oh Mere Dilbar Aja..Dil Ki Pyaas Buja Ja Re...Oh Noorie kabhie kabhie mere dil mein khayaal aata hai...ke jaise tujh ko banaya gaya hai mere liye..ke jaise tujh ko banaya gaya haiKitna bechain hoke tumse mila...Tumko kya tha khabar tha main kitna akela ..Ke kitna mohabbat hai tumse...Hai...Tumse milke dil ka hai jo haal kya kahe..Ho gaya hai kaisa yeh kamaal kya kaheTujhe dekha to yeh jaana sanam..Pyaar hota hai deewana sanam..Tujhe dekha to yeh jaana sanam.Tujhe dekha to yeh jaana sanam..Pyaar hota hai deewana sanam.Ab ahan se kahan jaaye hum..Teri bahon mein mar jaaye hum Aksar is duniya mein anjaane milte hain,Anjaani raahon mein milke kho jaate hain,Lekin hamesha voh yaad aate hain Na kajre ki dhaar, na motiyon ke haar,Na koi kiya singaar phir bhi kitni sundar ho,Tum kitni sundar ho Na jaane mere dil ko kya ho gaya..Abhi to yahin tha, abhi kho gaya..Ho gaya hai tujhko to pyaar sajna..Lakh kar le tu inkaar sajna..Dildaar sajna, hai yeh pyaar sajna



Dil Dooba Dil Dooba...Neela Akho Mein Yeh Dil Dooba.. Neela Neela Amber Per Chand Jab Aye...Aisa Koi Saathi Ho ..Aisa Koi Premi Hoi Jaanam Dekh Lo Mit Gayeen Dooriyaan..Main Yahaan Hoon Yahaan Hoon..Yahaan Hoon..Yahaan...Kaisi Sarhadein...Kaisi Majbooriyaan..Main Yahaan Hoon Yahaan Hoon..Yahaan Hoon..Yahaan...Tum Chhupaa Na Sakogi Main Vo Raaz Hoon...Tum Bhulaa Na Sakogi Vo Andaaz Hoon...Goonjtaa Hoon Jo Dil Mein To Hairaan Ho Kyon...Main Tumhaare Hi Dil Ki To Aavaaz Hoon...Main Yahaan Hoon Yahaan Hoon..Yahaan Hoon..Yahaan... Aisa muhje tu na dehka na...seeena se laga loonga, tum ko tumse chura loonga...dil mein chupa loonga Gila Gila Dil Gila.. Mila mila mila koi mila ...Teri Ha Adaar Laga sab se judaa hai dil tuje per fida hai... Dhoom Dhoom let ya body do the talking..Dhoom Dhoom be the fire thats buring..Dhoom machaalay dhoom machaalay dhoom Tere Liye Hum Hai Jiye..Hota ke siya...Dil mein Magar chalte reha chaahat ke Diya... Zara zara bahekta hai, mahekta hai,Aaj to mera tan badan, main pyaasi hoon,Mujhe bhar le apni baahon mein Dheera dheera se mera zindagi mein ana...tumsi pyar huma hai kitna jaana jaana Pyar ke isa khel mein..do dil aur mehl mein, tera peecha na chodunga soniya Mera mehboob sanam, tera ashiq hogaya hum...milaka nazaaro se nazaar tera pyaar mein kogaya hum... Wada Raha Pyar Se Pyar Ka, Hum Na Hoga Juda, Dil Ke Dhadkhan Sunrha Hai Mera Khudda Dheera Dheera Se Mera Zindagi Mein Ana...Tumsi Pyar Huma Hai Kitna Jaana JaanaSaamne hain raastein, hum guzar jaaye...Ya kisi ke vaaste hum thaher jaaye...Ab yahan tak aa gaye hain, ab kidhar jaaye...Jaaduuuuuuu teri nazar...Kushboo tera baadan..tu har kar, ya nah kar...Kali nagin ke jaise..Zulfe teri kali kali..Sagar ko moti aur..Suraj ko tu dati hai lali..Kali nagin ke jaise..Zulfe teri kali kaliYeh din yeh mahine saal guzar jaayenge mere yaar..Magar itna rakhna khayaal..Jeena sirf mere liye, jeena sirf mere liye..Kasam se jeena sirf mere liye, jeena sirf mere liye Banno ki saheli resham ki dori..Chhup chhupke sharmaaye dekhe chori chori..Yeh maane ya na maane main to ispe mar gaya..Yeh ladki haai allah, haai haai re allah Tum paas aaye, yun muskuraaye,Tumne na jaane kya sapne dikhaaye,Tum paas aaye, yun muskuraaye,Tumne na jaane kya sapne dikhaaye,Ab to mera dil jaage na sota hai,Kya karoon haaye, kuch kuch hota hai

5 Lastest Threads by KALKI
Thread Forum Last Poster Replies Views Last Post
Vedic videos on Rumble.com Bhajans & Devotional Media KALKI 0 1 23-12-2020 07:39
[Video] Bhagavad Gita, Chapter 18 Verse 5:... Bhajans & Devotional Media Kalpana.v 1 2 27-09-2020 20:29

Closed Thread
Similar Threads
Thread Thread Starter Forum Replies Last Post
Legal Personality KALKI British Law 0 23-02-2004 03:03



Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Bookmarks

 
New To Site? Need Help?

All times are GMT +1. The time now is 00:49.

www.Asian-Massive-Crew.co.uk  | www.Asian-Massive-Crew.com  | www.AsianMassiveCrew.com  |   www.AsianMassiveCrew.co.uk  

 Graphics, Design & Layout  by Web Designerz - The Power To Create..!

Copyright © 2002 Onwards  www.Kalki.co.uk  | Website Hosted by Reality Host

   

DISCLAIMER: Every reasonable effort has been made, to make this site a peaceful yet an entertaining venue. 
The creator nor it's staff shall have neither liability nor responsibility to any person, company or entity whatsoever, 
with respect to any loss, damages or misunderstandings arising from any information or speculation contained
in any of the topics and its updates. Each member is responsible for his/her own thoughts of action when expressed!