Solicitor Solicitor Virgin Category="Legal occupations"Category="Professions"Category="Scottish law"Category="Solicitors"Category="United Kingdom law"A solicitor is a type of Lawyer in many Common law jurisdictions, such as the United Kingdom, Hong Kong, Republic of Ireland and some States of Australia. In these systems the legal profession is divided into two kinds of Lawyer: solicitors who contact and advise clients and have limited rights of audience in court, and barristers or advocates who argue cases in every court. In cases where a trial is necessary a client has to hire a solicitor, who will advise him or her and then may retain a barrister on his or her behalf.

England and Wales

Before the unification of the Supreme Court in 1873, solicitors practised in the court of Chancery, while attorneys and proctors practised in the Common law and ecclesiastical courts respectively.

In the English legal system solicitors have traditionally dealt with any legal matter apart from the conducting proceedings in court (Advocacy). The other branch of the English legal profession, a Barrister, has traditionally carried out that function and advised on complex areas of law. Barristers would not deal with the public direct.

Regulation

Solicitors in England and Wales are regulated by the Law Society of England and Wales (which wears the hat of both regulator and union) and in order to become a solicitor must have had a qualifying legal education.

Moreover, solicitors must pay the Law Society of England and Wales a practising fee each year in order to keep practising. If they do not do this they are 'non-practising' and may not give legal advice to the public (although they can start practising again at will, unlike those struck off).

Training and qualifications

The most common methods of qualification are a normal undergraduate law degree (a Bachelor of Laws, or 'LLB'), or a degree in any subject followed by a one year course formerly called the Common Professional Exam and recently renamed the Postgraduate Diploma in Law. Other routes, for example spending time as a clerk to magistrates, or passing exams set by the Institute of Legal Executives (ILEX) are possible. Up to this point a Barrister and solicitor have the same education.

Thereafter they split. Solicitors study a one year course called the Legal Practice Course and then must undertake two years apprenticeship with a solicitor, called the training contract (but still widely referred to as 'articles' as in 'Articled clerk' by older members of the profession). Once that is complete, the student becomes a solicitor and is 'admitted to the roll'. The 'roll' is a list of people qualified to be a solicitor and is kept on behalf of the 'Master of the Rolls' whose more important job is that he is the head of the Court of Appeal of England and Wales. Solicitors who are being disciplined by the Law Society can be suspended from the roll or even struck off, which prevents them acting as a solicitor.

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). Firms of solicitors now employ their own barristers and solicitor-advocates to do the work, taking it away from the private groups 'sets' or 'chambers' of barristers who formerly did the work. Barristers in turn can now be directly instructed by certain organisations such as trade unions.

This breakdown is expected to go further in the next few years, with the government pressing the Bar council to allow barristers to deal directly with the public. Despite the numerous anecdotal claims that solicitors are increasingly taking advantage of increased rights of audience, this does not seem to be reflected in practice, with both arms of the legal profession thriving in recent years.

Regulation of both Barristers and Solicitors is being reviewed by David Clementi on behalf of the Department for Constitutional Affairs. 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 the rest of the United Kingdom. In Scotland the legal profession is divided between solicitors and advocates. Solicitors are regulated by the Law Society of Scotland and ordinarily are required to hold an LLB in Scots law or its equivalent. After their initial education prospective solicitors are required to take the Diploma in Legal Practice, register with and pay an annual fee to the Law Society of Scotland.

Republic of Ireland

Following the establishment of the Irish Free State many of the features of the England and Wales legal system were continued in the new state. The legal profession remained divided between barristers and solicitors.

The Law Society of Ireland was established by the Solicitors Act of 1954 to be the representative and regulatory body for all Solicitors in Ireland. The Law Society of Ireland is also, under the various Acts of the Oireachtas which govern it, the sole training body for Solicitors in the Republic of Ireland.

In recent years, legal changes have also greatly eroded the traditional boundaries between Solicitors and Barristers, with many Solciitors choosing to represent their clients in all Courts.

Personal Injury

Injuries that occur to an individual are generally (in the UK) termed Personal Injuries, they can occur in any number of ways such as car accidents, a slip and fall incident, a dog bite, a boating accident and many more.

In the past ten years, since Legal aid for Personal Injury cases was abolished in England and Wales and replaced with "no win, no fee" options, hundreds of companies have sprung up offering services. However, most ask the claimant to purchase insurance to cover fees in the event of the claim not being successful.

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