Sunday, May 5, 2019

Via Turnitin, Essay Example | Topics and Well Written Essays - 1000 words

Via Turnitin, - Essay ExampleBarrister A barrister is a member of the legal profession that has been called to the Bar ergo the name. They argue their cases before the court and in addition serve as legal counsel or advisers to their guests with the help of their scrutineers. Up until 1990, barristers have the exclusive duty to argue their cases in court, but now, this law has been revoked and canvassers, in some cases, are allowed to perform this role as well. To be eligible for the title of barrister-at-law, students must pass the qualifications and standards embed by the Council of Legal Education and is except restricted to the Inns of Court. By paying a fee, students are summ stard to the Bar. For a year, they have to become apprentices in the house of practising barrister. Before fork outing a case in court, barristers are usually aided and instructed by headcounters regarding their cases. Since 1989, and from the beginning of 1990, numerous changes to the legal procee dings have been introduces to cut back on litigation costsone of which is that barristers could present their cases in court without their instructing solicitors in some cases. The law also states that barristers could not be sued by their clients for inadvertence in presenting their case in court and likewise, cannot sue their client for unpaid fees (barrister). ... Solicitors also have a monopoly of certain legal business and are subject to court regulation. The qualifications, trainings, and standards to become a solicitor is set by the Law Society which includes, but is not limited to an apprenticeship under a practicing solicitor for at least several years and must be a graduate of law school (solicitor). Gray Areas Despite the very distinct roles and functions that was originally intended to be performed by a solicitor and a barrister, changes in the judicature brought about by the changing demands of time have created some grey-haired areas between the functions and roles o f the two legal professions wherein they tend to meet in some areas. For instance, originally there is a clear cut distinction that solicitors are to handle legal matters outside the court while barristers would be in charge of arguing cases before the court. The roles are also very separate the solicitor is the one who gives legal advises to the client and prepares the case for court. After all the legal preparations are handled by the solicitor, the barrister then takes everywhere and brings the case before a judge. Through this process, it is only the solicitor who gets to transact directly with the client. It is the solicitor who refers cases to a barrister if there is a need for the case to go to court. In a nutshell, it is under the prudence of the solicitor if the client would require the services of a barrister (Difference between Barrister and Solicitor). If and when a barrister is brought in the case, the client does not transact with him/ her directly. Rather, the client transacts with the

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