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LEGAL PROFESSION - SOME DUBIETIES CALRIFIED


Becoming a legal professional is difficult and to exist as a practising professional is even more difficult due to the complexity of the society and the cases that arise in the today’s ever changing world. This section will talk about certain dubieties that the members of public have at the back of their mind before approaching a particular advisor. This section is also intended to illustrate certain aspects of the profession that are not yet clearly explained in its literature or properly understood by the public.




In many jurisdictions there is one generic category of “lawyer”, although some may specialise in advocacy and specialist legal advice whereas others do deals and rarely go to Court. In England, the legal profession is split between solicitors and barristers.



The role of barristers is to appear in Court and give specialist advice. By far the greatest part of higher-level advocacy in English Courts and arbitral tribunals is undertaken by barristers. Leading advocates are designated “Queen’s Counsel” or QC, which is a quality mark which allows you to identify those who are the most experienced in their particular field. There are about 1300 QC’s.



Cases are typically referred to barristers by solicitors, much in the way that a general practitioner in the medical field might refer someone to a consultant or a practitioner in accountancy refer a certain client to a particular consultant. However, foreign lawyers can also use the bar directly, as explained below.



Recruitment to specialist barristers’ chambers is highly competitive as in the auditing field within the UK, and the largest sets take on as pupils (trainees) only three or four students out of many hundreds of applicants. They often accept as tenants only one or two of those. The hallmark of a successful pupil and a successful barrister is academic excellence and flair as an advocate.



Barristers specialise in:



• legal argument and cross-examination, both in Court and in arbitration in England/Wales and abroad



• advice on the strength and weaknesses of cases and on the evidence required to support them; and



• Provision of opinions on points of law even in a non-contentious context.



Senior barristers are also frequently appointed as arbitrators, mediators and adjudicators, and to appear as expert witnesses abroad. In several important jurisdictions barristers can obtain temporary admission to argue your cases in court. These include Australia, Malaysia, Singapore, Hong Kong, Brunei, Bermuda, the Cayman Islands and parts of the Caribbean. All barristers have rights of audience in the European Court of Justice and the European Court of Human Rights. Specialist chambers are networked to legal research tools and web-linked, so that points can be raised and answered by email, and a barrister can readily be incorporated into a team.






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