About Lawyers

Introduction

We often get questions from clients that show that the term "lawyer" is misunderstood. In this note I thought it would be useful to explain about the broad legal profession in the UK.

The Department of Consititutional Affairs oversees the UK legal profession.

"Lawyer" is a broad term and there are several types of person that might be considered to be part of the UK legal profession. These are:

• Solicitors
• Barristers
• Notaries Public
• Licensed conveyancers
• Legal executives
• Patent Attorneys
• Trade Mark Attorneys
• Costs draftsmen
• Paralegals

The term "advocate" generally means someone who represents you in a Court Hearing and, depending upon the circumstances and the type of Court and the hearing, it could be someone from any of the various branches of the legal profession.

Solicitors

The Law Society of England & Wales regulates English & Welsh solicitors. In Scotland it is the Law Society of Scotland and in Northern Ireland it is the Law Society of Northern Ireland. Scottish solicitors are also known as "Writers to the Signet".

Solicitors advise on a wide range of legal matters.

In a dispute case the solicitors do the majority of the work in a case. This will include:

• Meeting you and taking your instructions
• Corresponding with the solicitors for the other parties
• Interviewing witnesses
• Instructing experts and barristers
• Preparing Court papers
• Attending hearings at Court

Solicitors usually practise as partnerships or as Limited Liability Partnerships (LLPs). As well as the partners, most firms also employ solicitors (there may be various titles linked to status typically like, in order of descending seniority, "Associate", "Senior Solicitor" and "Assistant Solicitor") as well as other persons from other branches of the broader legal profession and support staff.

Solicitors can appear before Masters and Judges in chambers (that is, hearings in private) and in open Court in the County Court and Magistrates' Courts. Some solicitors can appear before Judges in open Court in the High Court and the Crown Court but they have to hold a Higher Courts Advocacy Qualification.

Each of the Law Societies listed have sections on their websites about the formal requirements necessary to qualify as a solicitor.

Barristers

A barrister is a known as a "member of the Bar" or "counsel". In England & Wales, the Bar Council regulates barristers. In Scotland it is the Faculty of Advocates and in NI it is the Northern Ireland Bar Council.

Barristers are specialist advocates: they appear in Court to represent you in a dispute.

Barristers do not deal with the bulk of the work in a case. Barristers deal with a far greater number of cases than solicitors (because they only handle a relatively small part of a case), which means they rapidly build up very specialised knowledge. Barristers can therefore advise, draft documents and give opinions on particular areas of law in which they specialize.

Barristers practise as individuals from "chambers" shared with other barristers. Each set of chambers will, generally, have a particular expertise shared by a number, or all, of its members.

Senior barristers may apply to be appointed as Queen's Counsel (QC). This often results in the barrister concentrating more on advocacy. All other barristers are known as "juniors".

Barristers who have been qualified for ten years may be eligible for appointment as a Judge. Most Judges and Masters are barristers.

Barristers have the right to appear before all Courts.

Notaries Public

A Notary Public is a legal officer of ancient standing. The functions of notaries include:

• the preparation and execution of legal documents for use abroad
• attesting the authenticity of deeds and writings
• protesting bills of exchange

The practice of notaries is regulated by the Faculty Office of the Archbishop of Canterbury in England & Wales, the Law Society of Scotland in Scotland and in NI the College of Notaries of Northern Ireland.

Although Notaries can practice on their own or in partnerships, they are most often partners in or employed by solicitors.

Licensed conveyancers

All conveyancing, essentially the legal processes involved in transferring buildings and/or land from one owner to another and dealing with the financial transactions, was the sole responsibility of solicitors until 1987. However, licensed conveyancers are qualified specialist property lawyers who are authorised to also carry out this work.

The professional regulatory body for licensed conveyancers is the Council for Licensed Conveyancers.

Licensed conveyancers may operate as separate licensed conveyancing businesses but most commonly work in solicitors' practices.

Legal executives

Legal executives are qualified lawyers specialising in particular areas of law. They will have at least five years' experience of working under the supervision of a solicitor in legal practice or the legal department of a private company or local/national government.

The Institute of Legal Executives is the professional body for legal executives.

Generally speaking, legal executives work in solicitors' practices.

Patent Attorneys

Patent attorneys (also known as patent agents) are specially trained lawyers and experienced in drafting patents. Their professional body is the Chartered Institute of Patent Attorneys.

Trade Mark Attorneys

Trade mark attorneys advise their clients on a wide range of trade mark related issues, and act on their behalf in dealing with the registration authorities in the UK and European Union. Their professional body is the Institute of Trade Mark Attorneys.

Costs draftsmen

In certain situations there are various legal provisions that apply to the charges that solicitors may make to their clients. Most often these issues arise in the context of a legal case where the Court orders on party to pay the legal costs of the other. Costs draftsmen are specialists dealing with these costs issues.

Their professional body is the Association of Law Costs Draftsmen.

Paralegals

'Paralegal' is the term used to describe non-lawyers (i.e. people who are not qualified solicitors or barristers) who do legal work - regardless of their job title. Paralegals generally work for solicitors practices and often deal with administrative aspects of legal work.

The Institute of Paralegals is the appropriate professional body.

About Commissioners for Oaths

Solicitors, barristers, notaries, licensed conveyancers and legal executives are all entitled to describe themselves as Commissioners for Oaths.