9. The legal profession

Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley

This chapter considers the respective roles of solicitors and barristers in the English legal system. It outlines the basic business models of legal practice and the constraints on such organisations. It discusses the rules affecting practice as a solicitor or a barrister and discusses the regulatory organisations overseeing solicitors and barristers. The debate as to whether the two main branches of the legal profession should be fused into one is set out. The most recent reforms to legal education are signposted.

Author(s):  
Martin Partington

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing. It notes new forms of legal practice. It also considers how use of artificial intelligence may change the ways in which legal services are delivered. It reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system. It reflects on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.


2021 ◽  
pp. 255-290
Author(s):  
Martin Partington

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing and the objects of regulations. It notes the development of new forms of legal practice. It also considers how the use of artificial intelligence may change the ways in which legal services are delivered. The chapter reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system, and on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.


Author(s):  
Martin Partington

This chapter discusses the role both of those professionally qualified to practise law—solicitors and barristers—and of other groups who provide legal/advice services but who do not have professional legal qualifications. It examines how regulation of legal services providers is changing and the objects of regulations. It notes the development of new forms of legal practice. It also considers how the use of artificial intelligence may change the ways in which legal services are delivered. The chapter reflects on the adjudicators and other dispute resolvers who play a significant role in the working of the legal system, and on the contribution to legal education made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.


2020 ◽  
pp. 329-361
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley ◽  
Birju Kotecha

This chapter considers the roles of solicitors and barristers and other legal professionals such as Chartered Legal Executives and paralegals. It outlines the basic business models of legal practice, including alternative business structures (ABS) and the constraints on such organisations. It discusses the rules affecting practice as a solicitor or a barrister and outlines the regulatory organisations overseeing solicitors and barristers. It explains the routes to qualification for barristers: what pupillage is, the need for barristers to be members of an Inn of Court, and the route for solicitors via a training contract. The debate as to whether the two main branches of the legal profession should be fused into one is set out. The most recent reforms to legal education are signposted.


Author(s):  
Martin Partington

This chapter discusses the role both of those professionally qualified to practise law and of other groups who provide legal services but who are not formally qualified as lawyers. It examines how regulation of legal services providers has changed. It notes new forms of legal practice. It considers the adjudicators and other dispute resolvers who play a significant role in the working of the legal system. It reflects on the contribution made by law teachers, in universities and in private colleges, to the formation of the legal profession and to the practice of the law.


2018 ◽  
Vol 7 (2.29) ◽  
pp. 494
Author(s):  
Norfadhilah Mohamad Ali ◽  
Mohd Hazmi Mohd Rusli ◽  
Syahirah Abdul Shukor ◽  
Mohd Nasir Abdul Majid ◽  
Hendun Abd Rahman Shah ◽  
...  

Upon attaining independence in 1957, most judges and lawyers in Malaysia received legal education and legal training in the United Kingdom. University of Malaya was the only premier law school in Malaysia during that time. Gradually, the number of law schools increased and now legal education is available in a number of both private and public universities in Malaysia. The landscape of legal education differ post 2008 when new law schools from public universities were made subject to a review conducted by the Legal Profession Qualifying Board (LPQB) – failure to obtain full recognition will result in students from the universities concerned, having to sit for Certificate in Legal Practice (CLP) examination. In the light of this development, legal education in Malaysia has become under strict  scrutiny by the legal fraternity, and thus it is a question of what reasonable expectation should the country set on the legal education provided by universities. This article will address legal education from the point of view of universities, the relevance of the CLP examination and the level of skills and knowledge required to produce ‘practice-ready’ graduates. The discussion also considers the availability of the 9-months pupillage before admission to the Malaysian Bar and  other criteria for education as provided for by the Malaysian Qualifications Agency (MQA). The whole paper will be based on the  Legal Profession Act 1976, the MQA guidelines, the developments of legal education in Malaysia and the experience of laws schools under review by the LPQB and other stakeholders.   


2006 ◽  
Vol 2 (4) ◽  
pp. 333-362 ◽  
Author(s):  
Peter Robson

This essay seeks to shed some light on the portrayal of law and lawyers on television. Whilst it focuses principally on the British experience, it is written in the wake of American television’s extensive output and comments on these products. It indicates where the impetus for this work has come from and examines the changes in the portrayal of small screen lawyers. It notes the scholarship carried out in the United States and seeks to build on this pioneering work. It assesses the schemes used by the analysts of American TV law and notes their limited applicability to the British context. It constructs a typology of TV law programmes based on the development of distinctive styles of programming. This typology covers legal procedurals, legal dramas, legal comedies and legal reality shows. It notes the potential for analysis of the development of TV law programmes to shed light on areas such as the globalisation of culture and debates on legal education as well as on the nature and image of the legal profession and its socio-political function. It suggests that this process of mapping out the domain of small screen legal justice requires to be supplemented by detailed readings of the wealth of material which is revealed in the overview of the British experience and complemented by studies in other jurisdictions. It concludes that there seems to be a paradox at the heart of lawyer programmes. The dominant ethos of the vast majority of the material has been essentially reflective rather than refractive. The protagonists have been anti-establishment whilst the underlying trope has been the attainment of justice through the vehicle of the heroic lawyer.


2019 ◽  
Vol 36 (1) ◽  
pp. 64-79
Author(s):  
Zhiqiong June Wang

In legal practice, as in other professions, the increasing use of technologies is not new. However, it is generally agreed that the latest round of new technological development, such as AI and big data, has presented, and will continue to present, challenges to the legal profession in a much more profound way. If the legal profession must adapt to technological changes, so must legal education. Technologies in legal education present us with three sets of considerations: the adoption and adaptation of technologies to teaching and learning; the study and research of disruptions and other impacts of technologies in society to assist in formulating legal responses to them; and the preparation of future lawyers.This paper first examines the impact of different technologies on legal practice and responses from the profession. Upon examining the opportunities and challenges brought about by new technologies, the paper will further discuss how legal education, especially its curricula, might respond to changes and challenges. It is argued that, like the way they adapted to globalisation, legal education and legal practice will meet new technological challenges and, as such, there is no reason to believe that there is not a bright future for legal education and the legal profession.      


Author(s):  
Xiaoyi Yuan

Legal knowledge is boring, and some content is not related to their life experience. To impart such complex knowledge to students, as a teacher, you must improve your professional skills, actively explore, learn, and find the best teaching methods. Only in this way can the students’ understanding of legal knowledge and thinking ability be expanded, and the boring legal knowledge can be more specific, visualized, popular, life-oriented, and easy to understand, so that students can master and understand legal knowledge and transform it into their own practical actions. This article is mainly aimed at the conditions created by the current social practice of law students by enterprises and institutions in the society, as well as the knowledge teaching situation of law practice teaching in law education during school. It emphasizes the importance of knowledge education in legal practice teaching, and calls on schools to increase investment in time teaching. All the teachers and students are required. This article scientifically and comprehensively interprets the knowledge education situation of legal practice teaching in our country’s legal education. Especially the intuitive analysis, in the process of knowledge education, the teaching methods adopted the teaching principles to follow and other issues. It makes everyone more clearly and straightforwardly aware of the positive significance of the knowledge education of legal practice teaching in legal education for the cultivation of talents. Through the discussion of the problems, this article knows the importance of constructing a reasonable teaching model of law. Among them, practical teaching knowledge education is very beneficial to students and has a profound impact on students’ future employment. The experimental results show that the traditional legal education training is not to abandon all, but to effectively integrate with the current teaching tasks and training objectives, so as to truly train students into comprehensive all-round legal professionals.


2011 ◽  
Vol 13 (2) ◽  
pp. 132-145 ◽  
Author(s):  
Richard Helmholz

Most recent historians have expressed a negative opinion of the quality of legal education at the English universities between 1400 and 1650. The academic study of law at Oxford and Cambridge, they have stated, was easy, antiquated and impractical. The curriculum had not changed from the form it assumed in the thirteenth century, and it did little to prepare students for their careers. This article challenges that opinion by examining the inner nature of the ius commune, the law that was applied in the courts of the church, and also by examining some of the works of practice compiled by English civilians during the period. Those works show that the negative opinion rests in part upon a misunderstanding of the nature of legal practice during earlier centuries. In fact, concentration on the texts of the Roman and canon laws, as old-fashioned as it seems to us, was well suited for the tasks advocates and judges would face once they left the academy. It also provided the stimulus needed for advance in the law of the church itself; their legal education made available to potential advocates and judges skills that would permit a sophisticated application of the ius commune, one better suited to their times. The article provides evidence of how this happened.1


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