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Subject:
What's the difference between a barrister and a lawyer?
Category: Relationships and Society > Law Asked by: baerana-ga List Price: $4.50 |
Posted:
05 Jul 2002 04:06 PDT
Expires: 04 Aug 2002 04:06 PDT Question ID: 36709 |
In "A Fish called Wanda" (my only exposure to the British legal system) the criminal seemed to have both a barrister and a lawyer. Up to that point, I thought a barrister was just a fancy lawyer. What's the actual difference? |
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Subject:
Re: What's the difference between a barrister and a lawyer?
Answered By: onlinexpert-ga on 05 Jul 2002 05:06 PDT Rated: |
Hi baerana-ga, You have asked an interesting question. "Lawyer" is a term used to describe someone who has completed a Bachelor of Law and post-graduate legal training (Practical) that is employed to give advice, information and representation of a legal nature. Lawyers, like doctors, often have specialist knowledge in specific areas. For example, some operate in the Family Court; others represent businesses in a civil court and some work in the area of crime. Definition from International Law Dictionary: A lawyer is person who practices law; one who conducts lawsuits for clients (also known as a barrister in England) or who advises clients as to their legal rights and obligations in other matters (also known as a solicitor in England). Barristers are defined as "a legal practitioner (a lawyer) whose main function is to act as an advocate in court". In short, a barrister is a lawyer who is a member of the Inns of Court and who can practice before the courts. They often have less interaction with clients than solicitors. Barristers spend their working hours in Chambers where they prepare their cases. Source: http://www.victimsa.org/articles/article002.html http://www.lawnetworks.co.uk/barrister_home_page.htm http://august1.com/pubs/dict/l.htm#lawyer Search Strategies: difference barrister lawyer defination barrister defination lawyer Hope this helps. Feel free to ask for any clarifications, if you have any. Regards onlinexpert-ga |
baerana-ga
rated this answer:
The answer from the expert wasn't very helpful, but the first comment was excelent! |
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Subject:
Re: What's the difference between a barrister and a lawyer?
From: iaint-ga on 05 Jul 2002 07:20 PDT |
The English legal profession (and that of a number of Commonwealth countries whose legal system derives directly from the English one) has two categories of qualified lawyer: barristers and solicitors. A solicitor is entitled to represent a client in the County (Civil) Courts and in Magistrates' Court (a lower court in the English court system). They are also the main legal representation for the majority of people and companies in England and Wales: if you were buying or selling a house you would engage a solicitor to carry out the necessary legal niceties; a solicitor could assist and advise in will-making; and they may also initiate private prosecutions or assist clients against either public or private prosecutions. A barrister is a legal professional who is qualified to represent clients in Crown Court or the Higher Courts -- they can be considered roughly analagous to American "advocacy lawyers". Much of their training and abilities will lie in the courtroom skills of cross-examination and rapid thinking. Regardless of whether they represent the prosecution or the defence, a barrister never deals directly with his or her clients -- instead they will be briefed on the facts of the case by the client's solicitor, although they are free to allow the courtroom proceedings to carry on as they see fit. The reason for this split between courtroom advocates and other lawyers is (as with most things in the UK legal systems) to do with the unique history of England and Great Britain. The origins date way back to the feudal Norman French system introduced from the 11th Century. The academic and training route to each of these two main branches of law differs, as do the professional bodies that oversee them. To become a solicitor a law graduate must first study a Legal Practice Course and then spend two years in practice working as a trainee (this used to be called "taking articles"). The professional body that regulates these courses is the Law Society. To become a barrister the route after graduation is to follow a Bar Vocational Course followed by a Pupillage in a firm of barristers (known as Barristers' Chambers), and this side of the profession is controlled by the Bar Council. The systems are constantly under review and reform, and there are certain moves currently underfoot which would somewhat blur the distinction between these two groups of legal professionals. To summarise: in England and Wales the term "lawyer" is a catch-all meaning simply "one who is qualified in the legal profession" (although it would rarely, if ever, be applied to judges or magistrates). Both barristers and solicitors could call themselves lawyers; however the two professions have very different skills and jurisdictions. Obviously this is only a very brief introduction to what is a very detailed subject. There is a wealth of information on the web if a more in-depth discussion is required. Regards iaint-ga Some further useful links: The British Council's brief guide to the UK legal systems (useful for prospective students): http://www.britishcouncil.org/governance/jusrig/uklaw/routes/ An introduction to the English legal system for non-lawyers and international visitors: http://www.niknicol.co.uk/English/english.html UK Legal, a useful site for all kinds of information about the UK's criminal justice systems: http://www.uklegal.com/uklegal.htm The Law Society of England and Wales http://www.lawsoc.org.uk/ The Bar Council http://www.barcouncil.org.uk/ Search strategy Much of this comes from personal knowledge, but to ensure I got the facts right the following Google searches were performed: barristers solicitors (on www.google.co.uk with the "Search pages from the UK" option selected) "english legal system" british justice system barristers solicitors |
Subject:
Re: What's the difference between a barrister and a lawyer?
From: johnfrommelbourne-ga on 05 Jul 2002 07:36 PDT |
For $4.50 I thought the paid researcher did a great job. One star was a mean -spirited response on questioners part in my opinion. Keep up the good work "onlineexpert" |
Subject:
Re: What's the difference between a barrister and a lawyer?
From: bobthebench-ga on 06 Jul 2002 17:18 PDT |
In simple terms, "lawyer" is generic to include solicitors and barristers. A solicitor is a legally qualified jack of all trades; court work, buying and selling houses, company contracts etc. A barrister is someone legally trained who specialises in appearing in court, usually for the most serious matters, murder trials, high profile libel cases etc. |
Subject:
Re: What's the difference between a barrister and a lawyer?
From: saulg-ga on 11 Sep 2002 07:31 PDT |
I didn't think that onlinexpert-ga gave a complete answer and a much more complete answer was given by iaint-ga. Access to a barrister has to be via a solicitor! The client can't go directly to the barrister and the barrister is employed by the solicitor (the client pays the fees though which is billed by the solicitors!). The barrister offers an opinion on the merits of the case and is more learned in points of law and precedence (previous case law). There are various degrees of barristers and QC (Queen's Council) appear in the highest Court. Although barristers represent the client in Court, I believe that British law has been relaxed to also allow a solicitor to represent their client in Court (happened to me). I've used solicitors and barristers in the past and would be happy to research more detail for you. Regards. |
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