Contract Law: The roles and responsibilities of legal professionals

The roles and responsibilities of legal professionals

 Solicitors

Solicitors are legal professionals who provide a broad range of legal services directly to clients. Their work typically involves:

• Advisory Role: Offering legal advice on various matters, conducting legal research, and representing clients in transactional work.

• Document Preparation: Drafting legal documents such as contracts, wills, conveyancing documents, and court papers.

• Client Representation: Representing clients in lower courts (Magistrates' Courts, County Courts) and tribunals. They often prepare cases for barristers to present in higher courts.

• Areas of Practice: Specializing in diverse fields like corporate law, family law, property law (conveyancing), criminal law, employment law, and intellectual property.

• Regulation: In England and Wales, solicitors are regulated by the Solicitors Regulation Authority (SRA) and represented by the Law Society. They must adhere to strict professional conduct rules.

• Qualification: Becoming a solicitor typically involves completing a law degree (or a non-law degree

Barristers

Barristers are legal professionals primarily focused on advocacy in higher courts. Their work typically involves:

• Advocacy: Representing clients in courts (Crown Court, High Court, Court of Appeal, Supreme Court) and tribunals, presenting arguments, cross-examining witnesses, and making legal submissions.

• Specialized Advice: Providing expert legal opinions and advice on complex points of law, often instructed by solicitors.

• Client Interaction: Traditionally, barristers do not deal directly with clients but are instructed by solicitors (though 'direct access' allows some public access for advice and representation).

• Areas of Practice: Specializing in various fields such as criminal law, common law, chancery law, commercial law, family law, and public law.

• Regulation: In England and Wales, barristers are regulated by the Bar Standards Board (BSB) and represented by the Bar Council. They adhere to a strict Code of Conduct.

• Qualification: Becoming a barrister involves completing a law degree (or a non-law degree followed by a GDL), then the Bar Professional Training Course (BPTC), followed by a period of practical training called 'pupillage'.

• Independent Practice: Many barristers are self-employed and work from chambers, sharing administrative costs and resources.

Solicitor advocate

A solicitor advocate is a solicitor who has obtained a special qualification, known as 'rights of audience', allowing them to represent clients and conduct advocacy in higher courts (such as the Crown Court, High Court, Court of Appeal, and Supreme Court), which are typically reserved for barristers. Their role involves:

• Expanded Advocacy Rights: Unlike general solicitors who primarily appear in lower courts, solicitor advocates possess extended rights to conduct litigation and appear in superior courts.

• Dual Expertise: They combine the close client relationship and case preparation skills of a solicitor with the advocacy skills of a barrister, often providing continuity throughout a legal case.

• Qualification Process: To become a solicitor advocate, a qualified solicitor must undergo further training and assessment in advocacy and evidence, which is regulated by the Solicitors Regulation Authority (SRA).

• Areas of Practice: They practice across various legal fields, including criminal law, civil litigation, family law, and public law, offering integrated legal services from initial advice to representation

Chartered legal executives

A type of qualified lawyer in England and Wales who specializes in a particular area of law. They are trained and accredited through CILEX, can handle legal matters, give legal advice, and, with additional qualifications, can gain rights of audience similar to solicitors in certain courts.

Licenced conveyancers

Specialist property lawyers in England and Wales who are trained and regulated to handle legal work related to buying, selling, and transferring property. They can carry out the same conveyancing tasks as solicitors, including preparing contracts, managing property searches, and handling funds.

 Licenced probate practitioners 

These are legal professionals specifically qualified and regulated to carry out probate work. They can apply for grants of representation (grants of probate or letters of administration), administer estates, and handle all legal and tax matters related to a deceased person's estate, often providing a more cost-effective alternative to solicitors for these specific services. They are regulated by bodies such as the Council for Licensed Conveyancers (CLC).

Paralegals

Trained legal assistants who support lawyers by carrying out tasks such as legal research, drafting documents, interviewing clients, and organizing case files. They are not qualified lawyers but can be highly skilled and may specialize in particular areas of law.

Conveyancing technicians

Entry-level conveyancing professionals who assist licensed conveyancers and solicitors with property transactions. They help prepare documents, carry out administrative tasks, and support the conveyancing process while working toward higher qualifications in property law.

Probate technicians

Entry-level professionals who assist in administering estates after someone dies. They help prepare probate forms, gather financial information, communicate with beneficiaries, and support qualified probate practitioners while training toward higher probate qualifications.

legal academics

Experts who teach, research, and write about law in universities or research institutions. They focus on developing legal theory, analysing legal systems, and educating future lawyers rather than practicing law in courts or firms.