DELIMITACIÓN TEMPORAL

The most significant changes were made in the way the legal profession was organised and regulated. The Act broke the monopoly held on conveyancing work, creating an an Authorised Conveyancing Board which could certify any individual, corporation or employee of a corporation as an authorised conveyancer subject to certain requirements. The Act also broke the monopoly of barristers on advocacy and litigation in the higher courts by granting solicitors in the Crown Court.

The lawyers

Solicitors

There are around 120,000 solicitors in England and Wales. They are the lawyers that the public most frequently meets and as such are the general practition- ers of the legal profession. A solicitor’s work falls into two main categories of court work and non-court work. The latter accounts for about three-quarters of their business. A solicitor operates in many ways like a businessperson, with an office to run, clients to see and correspondence to be answered. Traditionally, property (conveyance and probate) has been one of the main fee earners.

The Solicitors Act 1974 gave solicitors three monopolies: of conveyancing, probate and suing and starting court proceedings. The conveyancing monopoly was, however, significantly eroded by the Administration of Justice Act 1985. This allowed for licensed conveyancers to do this work.

The Law Society is the regulatory and representative body for solicitors in England. It was founded in 1825. It has important public responsibilities for: • Regulating and setting standards for solicitors to make sure that they deliver

good advice to consumers • Representing solicitors

• Supporting solicitors to help them achieve the standards expected of them • Influencing law reform to achieve a better system of justice

It acts as a regulatory body through admission, discipline and continuing professional development. The society maintains its validating and monitoring role for undergraduate and postgraduate training contracts and compulsory professional development.

The role of solicitors includes:

• Helping with everyday problems, which include drawing up wills and dealing with relationship breakdown

• Promoting business by providing the legal basis for commercial transactions • Protecting the rights of individuals to ensure that they are treated fairly • Supporting the community, through for example legal aid programmes

Barristers

There are about 14,000 barristers in England and Wales. They are specialist advo- cates and the specialist advisers of the legal profession. About 10 per cent of the Bar is made up of Queen’s Counsel. Barristers have been providing expert advice and advocacy since the thirteenth century. For many years they had a monopoly on the right to represent people in higher courts. Although that monop- oly has gone, the Bar remains a thriving profession offering high-quality advice and advocacy. Some of their work is non-court work, such as advising on difficult points of law or on how a particular case should be conducted. Barristers are specialist legal advisers and courtroom advocates. They are independent and objec- tive and are trained to advise clients on the strengths as well as the weaknesses of their case.

The Bar Council is the regulatory and representative body for barristers in England and Wales. It deals with qualification and conduct rules governing barristers and those wishing to become barristers. It deals with complaints against barristers. It also puts the Bar’s view on matters of concern about the legal sys- tem and acts as a source of information about the Bar. There are four Inns of court which provide support for barristers through a wide range of activities. Anyone wishing to train for the Bar must join one of the Inns.

Barristers practise as self-employed, referral professionals. Until recently, it was not normally possible for members of the public to go to a barrister direct. They need to use some other recourse professional or Licensed Access client. However, the Bar Council decided to relax these rules relating to direct access. There are now three main routes of access to a barrister: Professional Client Access, Licensed Access and Public Access.

The country is divided into regions or circuits for the purposes of adminis- tration of justice. As the law became more complex, barristers increasingly chose to specialise in areas of work. Barristers are individual practitioners who work in groups of offices known as chambers which are situated in cities and towns throughout England and Wales.

Judges

In contrast with many other European countries, the judiciary in England and Wales is not a separate career. Judges are appointed from both branches of the legal profession. They serve in the Supreme Court (the final appellate court), the Court of Appeal, the High Court, Crown Court or as circuit or district judges. The circuit judges sit either in Crown Courts to try criminal cases or in county courts to try civil cases. District judges sit in county courts. There also part- time judges appointed from both branches of the practising legal profession, who serve in Crown Court, county court or on various tribunals, for example, those dealing with unfair dismissal from employment.

However, the majority of cases are not dealt with by judges, but by layper- sons who are appointed to various tribunals because of their special knowledge,

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experience and good standing. For example, the majority of minor criminal cases are judged by justices of the peace in magistrates’ courts. They are not legally qualified and do not receive a remuneration but are respected members of the community who sit part-time.

All members of the judiciary are appointed by the Lord Chancellor – a mem- ber of the government and Speaker of the House of Lords. The Lord Chancellor holds a function similar to that of a minister of justice, although some matters concerning the administration of justice are the responsibility of the Home Secretary.

Once appointed, judges are completely independent of both the legislature and the executive, and so are free to administer justice without fear of any political interference.