New Arrangements Require New Titles

As part of the reform the Lord Chief Justice is to assume the title of "President of the Courts of England and Wales". This title is supposed to cover the Court of Appeal, the High Court, the Crown Court, the County Courts and the Magistrates' Courts. The Lord Chief Justice will no longer act as president of the Queen's Bench Division. A new title of "President of the Queen's Bench Division" will be created and a new, separate appointment will be made to this post. The appointment will be made in accordance with the provisions for the appointment of other Heads of Divisions.

A new statutory title of "Head of Criminal Justice" will be introduced. This post is to be held ex offlcio by the Lord Chief Justice or, upon consultation with the Secretary of State, his nominee.

"Head of Family Justice" will also be introduced as another statutory title. This post is to be held ex officio by the President of the Family Division. The existing statutory title of "Head of Civil Justice" will be held by the Master of the Rolls ex officio. Besides, new statutory titles of "Deputy Head of Family Justice" and "Deputy Head of Criminal Justice" are to be created. These posts will not be filled automatically. The Lord Chief Justice is intended to make appointments to these posts, after upon consultation with the Secretary of State. To be eligible for such a post, an appointee has to be a judge of the Court of Appeal.

The current title of "Vice-Chancellor of the Supreme Court" will be replaced with a new title of "Chancellor of the Chancery Division". The appointee will act as the president of the Chancery Division.

Memorise the following universally accepted translations of the terms describing the elements of the English system of courts: Head of Family Justice – Председатель по семейным делам Head of Civil Justice – Председатель по гражданским делам Deputy Head of Family Justice – Заместитель председателя по семейным делам Deputy Head of Criminal Justice – Заместитель председателя по уголовным делам Master of the Rolls – судья–председатель отделения по гражданским делам Апелляционного суда

Unit 7. Legal Profession

Task 1. Read the text and form a clear idea of the legal profession in England and Wales.

The Nature of Legal Profession

Throughout the world, the word "lawyer" is used to mean someone who has legal knowledge or who is engaged in the practice of law. Those unfamiliar with the English legal system are often confused by the variety of titles used for members of the legal professions, such as advocate, attorney, barrister, solicitor.

In Britain there are barristers and solicitors who fulfill different functions, while in the American legal system there is no such distinction, and a lawyer serves his clients as both advocate (адвокат, защитник) and counselor (консультант). In England attorney is a title formerly used by solicitors, whereas in the USA the word attorney denotes a lawyer and in different contexts may be translated as адвокат, прокурор, юрист, чиновник органов юстиции, атторней. The word solicitor in England is used to denote the majority of lawyers - солиситор, whereas in the USA it may have the meaning of юрисконсульт, but generally refers to a door-to-door salesman - продавец вразнос; коммивояжёр (разъездной агент торговой фирмы, предлагающий покупателям товары по имеющимся у него образцам и каталогам).

The number of Barristers practicing in England and Wales is 14,000, with 7,200 of those in Greater London. The Law Society reports that for Solicitors, the numbers are 92,753 in England and Wales with 34,693 of those in Greater London (sources: the Bar Council and the Law Society). These are the two principal branches of the legal profession in England and Wales. Scotland and Northern Ireland have their own legal systems, similar but not identical.

Nowadays, the division between solicitors and barristers is quite vague, but generally their functions in law are supposed to be different.

Solicitors are the 'general practitioners' in law and in most cases a solicitor is the usual first point of access for a client needing legal services in the United Kingdom. Solicitors give legal advice and prepare legal documents in connection with matters which do not necessarily come to court, such as buying a home, renting out one's property, renting a home, making a will, getting a divorce, resolving problems at work, setting up in business. They also prepare cases for barristers to conduct in court.

Solicitors generally practice in partnerships and some of the partnerships are now very large multinational organisations.

Barristers are experts in the interpretation of law and advocacy – the art of presenting cases in court. Barristers work mainly in the courts and tribunals. Their work includes presenting evidence, making submissions on behalf of their clients, representing parties in criminal trials, handling domestic disputes in Family Courts, dealing with civil claims for damages and compensation.

Barristers have a relationship with solicitors which is very much akin to that of specialist consultants in medicine to the family doctor. By having such specialists as an independent pool of expertise, the solicitor can choose the best qualified barrister in a specialist area.

Barristers may not practice in partnerships. Instead, they share offices (which they call Chambers) with other barristers, but it is a sharing of expenses only, not of income.

Task 2. Check your understanding of the text answering the following questions.

1. What titles are used for members of the legal professions in GB and the US?

2. What are the two principal branches of the legal profession in England and Wales?

3. What are the functions of solicitors?

4. What functions are performed by barristers?

Task 3. Read the text and give an account of different aspects of barristers' and solicitors' jobs.