should solicitors and barristers be merged essay


A major debating point has been whether the two legal professions should be merged into one common profession. However, since the late 1960s, there have been a series of moves towards breaking down the division. So is a greater fusion between barristers and solicitors the answer? The changes made by the (Courts and Legal Services Act 1990) and the (Access to … A major debating point has been whether the two legal professions should be merged into one common profession. lawyer will usually only hold one title, However in Canada, New Zealand and some Australian states, the legal profession is now merged allowing lawyers to hold Here's the link . Higher rights of audience were the preserve of barristers, giving the traditional distinction that barristers appear in court and solicitors do not. In 1969, the Law Society argued for rights of audience in the Crown Court, but the Commission's report (the Beeching Report) recommended that solicitors should only be allowed to advocate in areas where there weren't enough barristers.

I can't help but think of a recent hilarious post of Babybarista on this issue. Barristers and ‘silks’ now comprised the entirety of the Bar. It seems that solicitors and barristers currently have the power to narrow the differences between the professions further with the new rules and Acts, solicitors in particular.

If the two would be fused this would not be the case.
Nevertheless, because barristers are a separate entity to solicitors, when solicitors make mistakes or misrepresent a client, a barrister is legally allowed and he should recommend on a separate possible claim against the solicitor. The emergence of solicitor advocates is perhaps more significant. Solicitor advocate Sundeep Bhatia understandably said yes, while Baroness Ruth Deech of the Bar Standards Board said flexibility was essential; A barrister, she said, "would always stand up and take the case, regardless". In the United Kingdom and Ireland, the legal profession is split between solicitors and barristers, and a lawyer will usually only hold one title, However in Canada, New Zealand and some Australian states, the legal profession is now merged allowing lawyers to hold the title of “barrister and solicitor” and to practice as both, even though they officially retain the distinction. Barristers are trained in a very narrow discipline that is irrelevant to the vast majority of lawyers/solicitors. Solicitor advocate Sundeep Bhatia understandably said yes, while Baroness Ruth Deech of the Bar Standards Board said flexibility was essential; A barrister, she said, "would always stand up and take the case, regardless". It's essentially a speciality. Should two legal professions be merged into one common profession? lawyer will usually only hold one title, However in Canada, New Zealand and some Australian states, the legal profession is now merged allowing lawyers to hold the title of “barrister and solicitor” and to practice as both, even though they officially retain the distinction.

The leader of the 90,000 solicitors in England and Wales will call today for the abolition of barristers and the fusion of the two branches of the legal profession under the single title of "lawyer".

Up until 1990, barristers have the exclusive right to argue their cases in court, but now, this law has been revoked and solicitors, in some cases, are allowed to perform this role as well. lawyer will usually only hold one title, However in Canada, New Zealand and some Australian states, the legal profession is now merged allowing lawyers to hold the title of “barrister and solicitor” and to practice as both, even though they officially retain the distinction. Fusion of these branches will prove to be efficient because firstly, this will result in the reduction of the costs of litigation.

In this essay, I am going to attempt to conclude whether or not barristers and solicitors should become one profession in the UK... For the sake of argument, I will refer to the merged profession of barristers and solicitors as 'lawyer' and state the individual professions where necessary. The changes made by the (Courts and Legal Services Act 1990) and the (Access to Justice Act 1999) make this idea less necessary. Radical modifications have sometimes been proposed for example lifting the distinction … Read More» Thus, the solicitors and barristers should be fused into one. In a single case presented by a client, he needs at least four professional advisers. Solicitors were previously only allowed to appear in lower courts: magistrates court, tribunals and county courts. Think of barristers as neuro-surgeons - all they know belongs to the domain of physicians but at the same time, it is just something extraordinarily difficult and utterly useless to the majority of physicians.
The Formalised Split However, from the 16 th Century onwards, the Privy Council, the Judiciary, and the Inns of Court themselves began excluding attorneys and solicitors from membership of the higher prestige inns. So is a greater fusion between barristers and solicitors the answer?