Solicitors v. Barristers

Legal Services Board (found that) that one of the regulatory objectives in the Legal Services Act was problematic: the objective of encouraging an independent, strong, diverse and effective legal profession. They seemed to think it problematic because the independence of the legal profession might be seen to conflict with consumer interests. The whole point about the independence of the legal profession is that you are independent of your clients; your duty to the court comes before your duty to your client.” (Lady Hale, President of the Supreme Court, House of Lords Constitution Committee on 29 March 2017 speaking then as Deputy President of the Supreme Court at the annual appearance)

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According to Lord Wilson of Culworth (Supreme Court Judge since 2011) who frequently engages in mudslinging exercises:

The barrister is not only the actor in the play, but, albeit with substantial assistance from the solicitor, he also writes the script and designs the set. When the show is a success there is no feeling more wonderful.” 

Solicitors:

Assistants to the Barristers who are the actors, writers of the script and designers of the set for the show to be put in Her Majesty’s Courts and Tribunals in order to give judges a wonderful feeling when the play is a success.

Barristers:

Actors, writers of the script and designers of the set for the show to be put in Her Majesty’s Courts and Tribunals in order to give judges a wonderful feeling when the play is a success and as assisted by the Solicitors.

There is no one good Solicitor, just as there is no one good Barrister. It’s all a matter of the firm’s or chamber’s connections with the political party in power at the time of your legal matter. 

Solicitors:

They are represented and supported by ‘The Law Society’ (the independent professional body for solicitors) and regulated by ‘The Solicitors Regulations Authority’ (promotes the profession and ensures strength and stability for the profession while alleging to support the public with information and confidence that complaints get investigated fairly).

The Law Society promotes “the highest professional standards and the rule of law”. For more information visit: www.lawsociety.org.uk

In practical terms: it provides a marketing database for solicitors in return for fees paid yearly by each registered solicitor and student solicitor, a portal for solicitors to sign up for the news, and general information for the public what the legal profession can offer and how to pay the legal professionals.

The Solicitors Regulations Authority regulates solicitors in England and Wales. Provides a platform to give the public full confidence in the solicitors’ profession, report a solicitor, check a solicitor’s record or learn what to expect from the solicitors’ profession. For more information visit: www.sra.org.uk

In practical terms: its use is mostly for solicitors and not for the public. Very rarely solicitors are disciplined or investigated for their wrong doing. The organisation’s terms is contrary to the rule of law and administration of justice which states that the duty of the solicitor is firstly to the court and secondly to its own being. Click here for a brief look at the Solicitor’s Code.

Barristers:

They are represented and supported by ‘The General Council of the Bar’ known  as ‘The Bar Council’.  The description on HG.org states that:

‘The Bar Council’ was “founded in 1894 to represent the interests of barristers. As the governing body for the Bar its role is to promote and improve the services and functions of the Bar, and to represent the interests of the Bar on all matters relating to the profession, whether trade union, disciplinary, public interest or in any way affecting the administration of justice.” For more information visit: www.barcouncil.org.uk

In practical terms:barristers who make mistakes and a complaint is made against them but they are well connected, they will never be punished for their breach of trust and abuse of their position. The Bar Council together with the Judicial Appointment gag together to promote the barrister to a judicial position. For example: Sir Paul Coleridge (barrister for the Wife in the landmark case ‘White v White‘, then promoted to a judicial position following the Wife’s complaint for failure to take proper instructions and presenting false evidence in the Court of Appeal and House of Lords.)

Direct Access Barristers:

They take instructions directly from the public. Yet, experience has shown that they are not always prepared and significantly apologise before the court for their lack of preparation. More often than not such Barristers blame the client for not knowing the legal procedure and having to deal with a number of issues previously not properly presented to the court.

Finding a good Direct Access Barrister is just as difficult as finding a good Solicitor. It’s a gamble that one takes if this route is chosen for a legal matter. 

Direct Access Barristers continue to work via their Chambers and one must go through the Barrister’s clerk to get in touch with the Direct Access Barrister. Papers are requested before hand to ensure a determined answer from the Direct Access Barrister.

Legal Aid is not accepted.

One needs extensive experience to know if a Barrister is good enough at his/her job or only has a financial interest in your matter. In other words, will you be used only as a source of income for the Direct Access Barrister or will your matter be dealt with efficiently and effectively?

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What we do for our clients:
  • ensure that our clients are aware that they need to provide clear written instructions to his/her solicitor;
  • teach our clients how to keep their legal fees under control and fully understand what must be agreed with their solicitors;
  • establishment of a comprehensive database with solicitors who can assist locally and internationally;
  • assist our clients with minimising costs when hiring a direct access barrister and no solicitor is involved;
  • assist with Legal Aid cases and clarify miscommunication between solicitors and clients when issues arise;
  • reassess the case and if necessary put back on the case the solicitors/barristers to do a proper job without resorting to a negligence claim; and
  • publish cases using the names of the solicitors and barristers in particular cases of public importance and let the public draw conclusions how such solicitors and barristers managed and represented the clients.

 

What we do not do for our clients:
  • no claims against solicitors or barristers as this is a dead end and an unnecessary legal procedure never won against a legal professional in courts. (Note: this applies to law firms in central London, of decent size and well connected with authorities. All other small size, insignificant law firms located outside of London and made up of a handful of solicitors can be complaint about by the individual alone. Intimidation, threats by the law firm is the first step by the solicitor and managing partner, followed by a possible settlement out of court.)