Barristers and Solicitors

Introduction

The legal profession in England and Wales is divided into two distinct branches: solicitors and barristers. This division is one of the most distinctive features of the English legal system and has no direct equivalent in most other countries, which typically have a fused profession (a single type of lawyer). Understanding the training, role, and regulation of both branches — as well as the ongoing debate about whether they should be merged — is essential for AQA A-Level Law.

Solicitors

Solicitors are the first point of contact for members of the public who need legal advice. They deal directly with clients and handle a wide range of legal work.

Training to Become a Solicitor

The qualification route for solicitors has undergone significant reform. There are now two pathways:

Traditional Route (being phased out):

1. Qualifying law degree (LLB) — 3 years. Non-law graduates must complete a 1-year Graduate Diploma in Law (GDL).
2. Legal Practice Course (LPC) — 1 year of vocational training covering practical skills such as conveyancing, litigation, business law, and professional conduct.
3. Training contract — 2 years of supervised training in a solicitors' firm (or other approved organisation), with experience in at least three areas of law.
4. Admission to the roll of solicitors.

New Route — Solicitors Qualifying Examination (SQE): Since September 2021, the SQE has been introduced as a new centralised assessment:

1. SQE1 — Two computer-based assessments testing functioning legal knowledge across key areas of law.
2. SQE2 — Practical skills assessments (written and oral) in areas such as client interview, advocacy, case analysis, legal research, and writing.
3. Qualifying Work Experience (QWE) — 2 years of qualifying work experience, which can be gained in up to four different organisations and does not need to be a formal "training contract."
4. A degree (in any subject) or equivalent qualification or experience.

The SQE is designed to be a more flexible and accessible route into the profession, allowing candidates to gain work experience in a wider range of settings.

Role of a Solicitor

Solicitors undertake a wide variety of work:

Area of Work	Description
Conveyancing	Buying and selling property
Probate	Dealing with wills and the administration of estates
Family law	Divorce, child custody, prenuptial agreements
Company/commercial law	Business formation, mergers, contracts
Litigation	Conducting civil and criminal cases (preparation and, increasingly, advocacy)
Employment law	Advising on contracts, dismissals, discrimination
Immigration law	Visa applications, asylum claims
Personal injury	Advising and representing claimants

Historically, solicitors did not have the right to appear in the higher courts (Crown Court, High Court, Court of Appeal, Supreme Court) — they were confined to the Magistrates' Court, County Court, and tribunal appearances. This changed with the Courts and Legal Services Act 1990, which allowed solicitors to obtain higher rights of audience by passing additional advocacy qualifications.

Today, solicitors with higher rights of audience (known as solicitor-advocates) can appear in all courts, including the Supreme Court.

Regulation of Solicitors

Solicitors are regulated by the Solicitors Regulation Authority (SRA), which is the independent regulatory body of the Law Society (the professional body representing solicitors).

The SRA:

• Sets the standards of conduct and competence for solicitors.
• Publishes the SRA Standards and Regulations (including the Code of Conduct for Solicitors).
• Handles complaints about professional misconduct.
• Can impose sanctions including fines, conditions on practice, suspension, or striking off the roll.
• Manages the SQE and sets the requirements for qualification.

Complaints from the public about solicitors are initially handled by the Legal Ombudsman, which deals with complaints about poor service. Complaints about professional misconduct are referred to the SRA.

Barristers

Barristers are specialist advocates and legal advisers. They are traditionally regarded as the senior branch of the profession, though this perception is increasingly outdated.

Training to Become a Barrister

1. Qualifying law degree (LLB) or non-law degree plus the GDL (same as for solicitors).
2. Bar course — The vocational stage is now assessed through the Bar Training Course (various providers). Previously known as the Bar Professional Training Course (BPTC). This covers advocacy, conference skills, drafting, opinion writing, and professional ethics. It lasts 1 year full-time or 2 years part-time.
3. Inn of Court — Every barrister must join one of the four Inns of Court: Lincoln's Inn, Inner Temple, Middle Temple, or Gray's Inn. Students must attend a specified number of qualifying sessions (dinners, lectures, workshops) to be "called to the Bar."
4. Pupillage — 1 year of practical training under an experienced barrister (the "pupil supervisor"). Pupillage is divided into two six-month periods:
   • First six — the pupil shadows the supervisor, observing and assisting.
   • Second six — the pupil can appear in court and take on their own cases, under supervision.
5. Call to the Bar and full qualification.

Pupillage is extremely competitive — there are far fewer pupillage places than applicants, and many Bar course graduates are unable to complete their training.

Role of a Barrister

Barristers specialise in:

Area of Work	Description
Advocacy	Representing clients in court (their primary function)
Specialist legal opinions	Providing written opinions on complex legal issues
Drafting	Drafting legal documents, particularly pleadings and other court documents
Negotiation	Negotiating settlements (particularly in civil cases)
Conference	Meeting with clients (with the solicitor present) to discuss the case and advise

Barristers are self-employed and work from chambers — a set of offices shared with other barristers and supported by a clerks' team. The senior clerk manages the barristers' diaries and negotiates fees. However, some barristers are now employed directly by organisations (e.g., the Crown Prosecution Service, government departments, large companies). These are known as employed barristers.

The Cab Rank Rule

One of the distinctive features of the Bar is the cab rank rule. Under the BSB Handbook, a barrister must accept any brief offered to them in their area of competence, at a proper fee, and subject to availability. The barrister cannot refuse a brief because they disapprove of the client, the client's views, or the nature of the case.

Purpose: Ensures that even the most unpopular defendants can obtain legal representation. No one should be denied access to justice because barristers refuse to act for them.

Criticism: In practice, the cab rank rule can be circumvented — barristers may claim to be "unavailable" or set their fees so high that the client cannot afford them.

Regulation of Barristers

Barristers are regulated by the Bar Standards Board (BSB), which is the independent regulatory body of the Bar Council (the professional body representing barristers).

The BSB:

• Sets standards of conduct, competence, and training.
• Publishes the BSB Handbook (including the Code of Conduct for Barristers).
• Handles complaints about professional misconduct.
• Can impose sanctions including fines, suspension, or disbarment (removal from the profession).