Text 6. Barristers and solicitors

Most barristers are professional advocates earning their living by the presentation of civil and criminal cases in court. A barrister must be capable of prosecuting in a criminal case one day, and defending an accused person the next, or of preparing the pleadings and taking the case for a plaintiff in a civil action one day, and doing the same for a defendant the next. Barristers are experts in the interpretation of the law. They are called in to advise on really difficult points.

A would-be barrister¹ must first register as a student member of one of the four Inns of Court². A student must pass a group of examinations to obtain a law degree and then proceed to a vocational course, the passing of which will result in his being called to the Bar³.

All practising barristers are junior counsels unless they have been designated Queen’s Counsels (QC)⁴. QC is expected to appear only in the most important cases.

If a person has a legal problem he will go and see a solicitor. There is no end to the variety of matters which a solicitor dealswith. He does legal work involved in buying a house, he writes legal letters for you and carries on legal arguments outside Court, he prepares the case and the evidence. If you want to make a will the best man to advise you is a solicitor.

In a civil action solicitors have a right to speak in the County Court, when the case is one of divorce or recovering some debts, and they deal with petty crimes and some matrimonial matters in Magistrates Courts, the lowest Courts.

To become a solicitor a young man joins a solicitor as a «clerk» and works for him while studying part time for the Law Society⁵ exams. When you have passed all the necessary exams, you may apply to the Law Society to be «admitted». After that you can practise, which means you can start business on your own.

Notes:

¹ would-be barrister – будущий барристер

² Inns of Court – «Судебные инны» (четыре корпорации барристеров в Лондоне; пользуются исключительным правом приема в адвокатуру; в школах при этих корпорациях готовят барристеров; существуют с XIV в.)

³ to be called to the Bar – быть принятым в коллегию адвокатов

⁴ Queen’s Counsel (QC) – королевский адвокат (высшее адвокатское звание)

⁵ Law Society – Общество юристов (профессиональный союз солиситоров)