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WHAT ARE THE TWO DISTINCT BRANCHES OF THE LEGAL PROFESSION IN ENGLAND ?

In England, the legal profession is divided into 2 distinct branches, namely Solicitors and Barristers. A Barrister provides specialist advice on legal issues and represents the client in the Court. Generally, a Solicitor gives initial legal advice, instructing a Barrister if necessary, major day to day running of a case and liaising between the Barrister, the client, and 3rd parties. However, the role of the two branches has merged to a small extent with the increased rights of audience and specialist for solicitors. Nevertheless, the two roles essentially remain distinct.

WHAT IS THE GOVERNING BODY FOR THE LEGAL PROFESSIONALS ?

In England, there are two professional bodies governing the two branches. The Bar Council governs the Barristers and the Law Society is the governing body for Solicitors.

Most part of the Barristers and Solicitors' training is also separate.

WHAT ARE THE DISTINCT PARTS OF THE LEGAL EDUCATION IN ENGLAND AND WALES ?

There are 4 distinct parts of the legal education in England.

Academic training

This stage is common to both the prospective Solicitors and Barristers. It involves the student obtaining a "Qualifying degree" which can take the form of a law degree or a non-law degree together with the CPE Common Professional Exam or the PgDL Postgraduate Diploma in Law.

The "Qualifying degree" must includes successful completion of the 7 foundation subjects - Contract, equity and trusts, tort, criminal law, land law, constitutional and administrative law and European Union law. Therefore, a non-law degree holder will need to undertake a further year of study for the CPE or PgDL in order study and passes the 7 foundation subjects.

The Law Society does not set a minimum standard of degree for completion of the Academic stage but the Bar Council sets a minimum degree classification of 2:2.

Vocational training

At this stage, training of the 2 branches of the profession splits. Post qualification education and the practical training which takes place "on the job" is separate for both branches.

To progress to this stage, student must apply to the Bar Council or the Law Society for a Certificate of Completion of the Academic stage of Training. It is at this stage that an aspiring lawyer has to make a decision whether to qualify as a Barrister or a Solicitor.

To become a Solicitor they will have to pass the Legal Practice Course. The aspiring lawyer must enroll with the Law Society which confers membership of the Trainee Solicitors Group.

To become a Barrister they will have to pass the Bar Vocational Course. They must register with the Bar Council and join an Inn of Court - Inner Temple, Middle Temple, Grays Inn, Lincoln's Inn. The Inns of Court are non-academic societies which provide educational and social support for Barristers and student Barristers. It has the power to "Call a student to the Bar of England and Wales". Without being called, a student is unable to exercise rights of audience as a Barrister in England and Wales.

On the job training

Upon completion of the Academic stage and Vocational stage of training, practical "in house" training must be undertaken for a period with a firm of Solicitors or a set of Chambers before obtaining a full practice certificate.

Training Contracts
The Law Society is responsible for authorizing Solicitor's firms to offer training contracts and for monitoring the quality and content of a training contract. A training contract is the "in house" stage training for the Solicitor and lasts for 2 years.

During the training, the trainee will be supervised by a senior Solicitor and have to undertake all aspects of the work of a Solicitor. The Law Society lays down written standards defining the skills which trainees should acquire during their training contracts. The trainee is required to gain experience of at least 3 heads of law as well as developing specified skills.

It is also during the training that the trainee is expected to undertake a 20 days Professional Skills course which can be spread out over the 2 years. The course provides formal tuition in a number of professional practicalities.

The number of people successfully completing the LPC outnumber the number of training contracts available as the competition for training contracts is fierce.