peopleCeNTiLMeN date_rangeAralık 2 2022

The Fusion of the Legal Profession in England and Wales

The combination of the two branches would be beneficial for university students wishing to pursue a legal career in English. The current system requires students to determine which profession they want to pursue early in their educational career, without much knowledge or pragmatic experience in the field. While it seems beneficial to give students the choice to decide which part of the profession they want to join, it also causes a lot of stress and doubt in individuals. By merging the two professions into one, students would not be forced to choose a certain path at such an early age or to follow separate training processes; rather, they would be trained for a single career encompassing both branches of the English legal profession. The legal profession in the United States has merged; However, a person admitted to practice law is often officially referred to as a “lawyer and solicitor”, a reference to the time of the separate profession, although the terms barrister and solicitor are not generally used. Nevertheless, lawyers in the United States generally need to be “admitted to the bar” before they can practice law in a particular jurisdiction. Some recent policy changes that blur the distinctions between the two professions support the argument that the roles of lawyer and lawyer are increasingly shared. Traditionally, the prestigious and honorable role of “Queen`s Council” (or “King`s Council” if there was a legitimate reigning King) was reserved only for lawyers. Members of Queen`s Counsel are usually experienced lawyers appointed annually by the reigning monarch and demonstrate outstanding achievements throughout their legal careers (Carey). In 1996, however, lawyers were granted the right to be appointed Queen`s Counsel (Keenan and Wealthy). Allowing lawyers and lawyers to apply and become Queen`s Counsel reinforces their equal status and skills. Another example of narrowing the gap between the two professions is this systematic change in eligibility for the position of Queen`s Counsel. While the public can now speak directly to a lawyer, who was once the monopoly of lawyers, lawyers with direct access may take on certain responsibilities that lawyers with direct access cannot assume.

For example, lawyers with direct access may not correspond with the opposing party or with the court itself (“Barristers Direct Access”). Since this means that clients must plead themselves, why can lawyers provide partial support but not complete the whole process of what lawyers can do? Conversely, this question also raises a redirection as to why lawyers cannot do what lawyers can. Once these two doubts have been dispelled, it seems logical to merge the two legal professions into one. The existence of two distinct branches of the legal professions which have been maintained in England for centuries, as well as the idea of precedent and other traditions which have crept even into case law; System. That is why I very much doubt that England, as a land of traditions and appreciation of ancient customs, will take such a revolutionary step and change the basis of its legal system. Although only the judicial bodies should decide, I do not think that this is the problem that should be solved in haste. Each branch has its own traditions, training requirements and practice customs. In a speech at the Oxford Conference by the President of the said Business School in 2012, President John Wotton of the Law Society of England and Wales said: “The barrister/solicitor department, which was originally based on the fact that the representation of the interests of the higher courts was reserved for barristers and the conduct of litigation (and certain other non-contentious legal services) for lawyers, is unknown in the world of civil law and increasingly anomalous in today`s common law world. survive internationally in a handful of jurisdictions” (Wotton). The separation of solicitor and barrister is a traditional custom of the past, but should not be applied to the current legal system. President Watton`s statement accurately describes the current situation between lawyers and lawyers, because historically it has indeed been very divided and separated, but at present, the relationship has become quite collaborative and overlapping. Members may be lawyers or judges and, in addition, potential lawyers.

The four hostels share the Council for Legal Education, which organizes the training and examinations of affiliated law students. The Council for Legal Education and the Examination Board jointly regulate access to the legal profession. The Council`s role is to set admission requirements, approve law courses and practical legal education providers, and assess the qualifications of foreign practitioners. In some jurisdictions (e.g. New South Wales, Queensland, Australia) there is a distinction between barristers and solicitors; Legal practitioners must practise one or the other and be members of the local bar association or bar association. In other jurisdictions (e.g., Malaysia, Singapore, Canada`s nine common law provinces, Tasmania, Victoria, South Australia and Western Australia), there is no formal distinction, but lawyers always practice in one or the other. The English legal system requires judges, with the exception of honorary justices of the peace of the Magistrates Courts, to initially practise for several years as lawyers or solicitors of good standing. District judges are appointed by the Crown on the proposal of the Lord Chancellor. They must practise as lawyers for at least seven years before they can be appointed.

To practise in the High Court, judges must be appointed by the Lord Chancellor and have been barristers for at least ten years. Judges of the Court of Appeal are appointed by the Queen on the recommendation of the Prime Minister; You must have 15 years of experience as a lawyer. The same applies to the appointment of judges of the House of Lords; In addition, they are named life peers. This may seem reasonable, because often the client needs the lawyer and the lawyer in one. A person who has provided legal assistance may also represent the case in court, especially if the second is the result of the first. That seems quite fair and reasonable. However, there are doubts about the results of such changes.

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