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FREE LAW JOURNAL - VOLUME 1, NUMBER 1 (18 JULY 2005)
the administration of estates. 7 The duties of solicitors towards their clients are governed both by statute
and their code of professional conduct. In the case of barristers the obligations are governed solely by the
dictates of professional etiquette. The rules of conduct may change from time to time and may be altered
by the Inns of Court on behalf of their members or by the Senate of the Inns of Court and the Bar. 8
Even from the introductory sentences it is clear that here I am speaking about representatives of two
different professions which has its own traditions and areas of practice inside one field. These professions
have evolved as separate ones. The advocates with audience in the common law courts were the serjeants
and barristers. While the preparatory work was carried out by officer of the court, known as attorneys. In
such a way developed two classes of legal practitioners: serjeants and barristers on the one hand and
attorneys, solicitors at present time, who are officers of the court, on the other. Since the UK has its
distinctive legal system, the possibility of having two types of legal practitioners should be regarded as a
common trait of such system. The whole legal system of the UK has shown that it can proceed very well,
since the barristers and solicitors are indispensable part of this system there is no need to change the status
quo.
With regard to a controversial issue of fusion Royal Commission, which was set up in 1976 to inquire into
the law and practice relating to the provision of legal services in England, Wales and Northern Ireland
stated:” a two-branch profession is more likely than a fused one to ensure the high quality of advocacy
which is indispensable, so long as our system remains in its present form, to secure the proper quality of
justice” 9 Who else than a Royal commission can adjudicate on the appropriateness of having two separate
legal professions. Since the small cases can be handled by the barrister or solicitor separately, large cases
will demand far greater input. The outcome of such case in situation where it is handled by either barrister
or solicitor will be unpredictable.
In some areas barristers and solicitors are performing similar tasks. For example, barristers are mainly
engaged in “paper-work”, while solicitors are dealing with preparatory stages of litigation such as the
preparation of evidence, issuing writs. The nature of these actions is similar. Nevertheless, they are
performed to achieve different goals. Since only solicitors have a right of audience in most courts and
tribunals and are instructed by their clients directly, it may appear that barristers, who have access only to
magistrates, are put in unfair position. It may seem that while comparing to the structure of ECJ a solicitor
is similar to Advocate General of ECJ and solicitors are similar to legal secretaries – representatives of
lover level of hierarchy of ECJ. Maybe fusion may level their status? In practice this is not true. The
distinction between these two professions is very strong. The right of access to the court does not always
guarantee a solicitor higher salary or higher amount of clients. Barristers are drafting complex settlements
and opinions on specialized maters such as taxation and company law. 10 Types of cases that barristers and
solicitors are dealing with are completely different.
Barristers and solicitors face similar types of problems. Since the representatives of both professions are
bar members they are subject to the decision of the respective bar associations with regard to the fees
charged. The comments about fees are based on the duty of “advocates (solicitors and barristers)” not to
7 Note 1. Supra at 250.
8 Note 1. Supra at 273.
9 Report of the Royal Commission on Legal Services (Cmdh. 7648). Paras 17.45-17.46 in R. Walker (ed.) The English Legal
System (Butterworths, 1985) at 250.
10 Note 1. Supra at 249.
VIKTORS URVAČOVS - BARRISTERS AND SOLICITORS SHALL REMAIN SEPARATE LEGAL PROFESSIONS
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