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Towards the future - Coggle Diagram
Towards the future
Why maintain a split profession
Specialisation
- 2 parts of the profession can better specialise in skills specific to their chosen field
Independence
- the 'cab-rank' rule of barristers promotes this. Barristers are also naturally independent of their client and his/her interests and so can arguably provide fresh perspective on the prospects of the case
Enables access to good barristers
- if professions are fused, good barristers can join larger solicitor firms to secure better prospects = services better accessible than before because usually they are only accessible through small firms
Existence of separate Bar
- provides a ready pool of specialists in advocacy. Also provides ready pool of talented individuals when it comes to selection to the judiciary
Barristers act as check and balance
- they can act on negligent solicitors by alerting clients accordingly (their primary duty is to the court and the integrity of the judicial process)
Arguments for "fusing" the professions
Talent - may be wasted due to overspecialised nature of 2 sides of the profession e.g. solicitor are actually quite gifted at advocacy if given the chance
Cost
- currently clients have to pay for both solicitor and barrister
Inefficiency
- solicitor and barrister can duplicate work of each other, and need to communicate frequently to coordinate case
The experience
- examples of countries suggest that a fused profession can work just as well e.g. Malaysia
Regulating legal professionals - recent professionals
Legal Services Board (established in 2009 under the Legal Services Act 2007)
oversees the way which the professional bodies regulate the professions
LSB regulates the Solicitors Regulation Authority (SRA) and the Bar Standards Board (BSB) and can technically remove a body's regulatory powers if necessary
LSB also regulates the regular bodies for chartered legal executives (CILEX), the Council for Licensed Conveyancers and the Intellectual Property Regulation Board
Legal Obudsman (2010)
- investigates + resolves complaints about services provided by lawyers. It recommends nay remedies including refund of fees and up to $50,000 compensation
Solicitors Regulation Authority
- can also institute a case before Solicitors Disciplinary Tribunal in the case of malpractice by solicitors
To maintain a split profession
Developments since 1985 have brought the 2 sides of the legal profession closer
Courts and Legal Services Act 1990:
Transferred more types of cases from the HC to the County Court (allowing solicitors to handle them)
Allows solicitors to be appointed as judges
Solicitors can apply for rights of audience in higher courts
Barristers can establish direct contact with certain professional clients
Access to Justice Act 1999:
Solicitors gain automatic rights of audience in higher courts (can be exercised upon completion of training)
Barristers
Barristers established the Direct Access Scheme (2004) to enable clients to contact and get advice from them directly
Solicitors
Solicitors are increasingly doing advocacy works themselves
Lawrence Collins becomes 1st solicitor to be appointed directly from practice to HC Bench in 2000. Eventually reached HoL as Lord Collins of Mapesbury
Both
The oversight of both barristers and solicitors disciplinary authorities (the BSB and the SRA respectively) has been fused into the Legal Service Board (LSB)
Barristers and solicitors are increasingly cooperating on joint boards and bodies that are created following certain reforms e.g. committee in charge of selecting QC's annually
Other types of legal personnel
Reserved legal activities
Conclusion