Solicitors

Solicitor Meaning: The Various Responsibilities and Duties

Solicitors are qualified legal professionals who provide expert advice, draft legal documents, and represent clients in negotiations or legal proceedings. They can work to help individuals, businesses, or government and public bodies with their legal matters. The role of a solicitor can vary depending on their area of specialisation, but some general responsibilities and duties typically include:

• Providing legal advice on a wide range of issues
• Drafting wills, contracts, and other legal documents
• Representing clients in negotiations and disputes
• Conducting research to gather evidence and build a case
• Coordinating with other professionals, such as barristers or legal executives, to deliver legal services

The Different Areas of Law Solicitors Specialise In

There are numerous areas of law in which solicitors can choose to specialise. Some choose to focus on a particular area of law, while others may work more broadly across multiple areas. Below are some common areas of specialisation:

The Path to Becoming a Solicitor: Academic Requirements and Practical Experience

Becoming a solicitor in the UK requires a combination of academic and practical experience. Below is a summary of the steps to qualify as a solicitor:

1. Complete a qualifying law degree (LLB) at a university, or complete a non-law degree followed by a Graduate Diploma in Law (GDL)
2. Complete the Legal Practice Course (LPC), which provides practical training in various aspects of legal practice
3. Undertake a period of recognised training (previously called a training contract) with a law firm or other approved organisation
4. Pass the Solicitors Qualifying Examination (SQE), which is a two-part assessment covering both legal knowledge and practical skills.

It is important to note that aspiring solicitors need to meet additional requirements, such as maintaining a high level of fitness and propriety, to be admitted to the roll of solicitors.

Solicitors and Their Interaction with Courts

Solicitors play a vital role in the UK legal system, and their interaction with courts is often dictated by their area of specialisation and the needs of their clients. In this section, we delve into the various responsibilities of solicitors both inside and outside the courtroom, their involvement in litigation and alternative dispute resolution, and their role in court advocacy.

Solicitor Roles Inside and Outside the Courtroom

Although around 90% of solicitors' work is carried out outside the courtroom, their roles within the courtroom are no less critical. Here, we discuss some of the responsibilities solicitors manage both inside and outside the courtroom:

Examples of specific tasks that solicitors may perform inside and outside the courtroom include:

• Preparing legal documents and evidence for trial
• Conducting pre-trial research and investigations
• Collaborating with clients to develop case strategies
• Representing clients at pre-trial hearings, court proceedings, and tribunals
• Advising clients on the potential outcomes of their cases and the viability of pursuing litigation
• Utilising their extensive knowledge of laws, regulations, and legal trends to tailor their legal advice to the client's needs

Solicitors' Involvement in Litigation and Alternative Dispute Resolution

Solicitors are responsible for guiding their clients through various legal processes, such as litigation and alternative dispute resolution. Each process requires a unique approach and set of skills, which solicitors must possess in order to best represent their client's interests.

In litigation, solicitors may be involved in:

• Assessing the merits of the case
• Advising the client on the best course of action
• Drafting legal documents, such as pleadings and witness statements
• Conducting pre-trial discovery and exchanging documents with the other party
• Representing their client in court, if they have rights of audience
• Enforcing or appealing judgments if necessary

Alternative Dispute Resolution (ADR) encompasses various processes used to resolve disputes outside the court system. Solicitors may advise clients on and participate in the following ADR methods:

• Arbitration – a neutral third party, known as an arbitrator, hears both parties' arguments and makes a binding decision
• Mediation – A neutral third party, known as a mediator, facilitates communication between the parties and helps them reach a mutually acceptable solution
• Collaborative law – the parties and their solicitors work together in a series of meetings to negotiate a settlement without court involvement
• Conciliation – similar to mediation, but the conciliator plays a more active role in proposing possible solutions to the dispute

Court Advocacy: When Solicitors Represent Clients in Court

Although solicitors primarily provide legal advice and assistance outside the courtroom, they may represent their clients in court if they have the appropriate rights of audience. Solicitors with rights of audience are known as solicitor-advocates, and they are qualified to represent clients not only in lower courts but also in higher courts such as the High Court, Court of Appeal, and Supreme Court.

To become a solicitor-advocate, a solicitor must successfully complete additional training, such as a Higher Rights of Audience course and pass an assessment. Once qualified, solicitor-advocates can undertake the following tasks in court:

• Representing their client by making oral submissions, examining witnesses, and presenting evidence
• Addressing the court on points of law and procedure
• Developing persuasive arguments for their client's position
• Upholding professional conduct standards and working within the ethical framework of the legal profession

As solicitor-advocates are afforded the same rights of audience as barristers, clients may have more options when choosing legal representation. This can provide a more cost-effective and streamlined experience since solicitor-advocates can handle a case from the initial consultation through to representation in court.

The Difference Between Solicitors and Other Legal Professionals

Understanding the distinction between various legal professionals is crucial to navigating the legal system effectively. In this section, we examine the differences between solicitors, lawyers, and barristers and explore the collaborative relationship between solicitors and barristers in the UK legal system.

Solicitors vs. Lawyers: Terminology and Function

In the UK, 'lawyer' is a broad term that encompasses both solicitors and barristers, as well as other legal professionals such as legal executives or paralegals. However, there are key differences in the functions and responsibilities of these professionals, as follows:

• Solicitors provide legal advice, draft legal documents, negotiate settlements, and represent clients in some court proceedings. They are often the first point of contact for clients seeking legal assistance.
• Barristers specialise in providing expert legal advice and representing clients in court proceedings. They are advocates with extensive knowledge and experience in courtroom advocacy and procedure.
• Legal executives are qualified legal practitioners who focus on specific areas of law; they may work independently or under the supervision of a solicitor.
• Paralegals provide support to solicitors and barristers, undertaking administrative and research tasks, such as gathering evidence, organising documents, and preparing case summaries.

Despite the differences in function, all legal professionals in the UK are regulated by their respective professional bodies and must adhere to strict codes of conduct and ethics.

Barrister vs Solicitor: Comparing Areas of Expertise and Practice

Although barristers and solicitors are both qualified legal professionals, their roles within the UK legal system differ significantly. We will explore these distinctions by comparing their areas of expertise, the scope of their practice, and the way they work with clients.

Barristers and solicitors have different areas of expertise:

• Barristers excel in advocacy and courtroom representation, as their work primarily focuses on preparing and presenting legal arguments in court and providing specialist advice on complex legal issues.
• Solicitors are skilled in providing broad legal advice and assistance on a range of matters, including drafting legal documents, mediating disputes, and negotiating contracts or settlements on behalf of their clients.

The scope of their practice also differs:

• Barristers are typically self-employed and work from 'chambers' (a collection of barristers sharing office space and resources). They are usually instructed to provide advice or represent a client by a solicitor or another professional client.
• Solicitors may work in private practice, in-house for organisations or the public sector, offering a wide range of legal services more accessible to clients directly.

The way barristers and solicitors work with clients is distinct as well:

• Barristers rarely interact directly with clients as they receive instructions from solicitors - they then provide expert advice and litigation support as necessary.
• Solicitors maintain a closer relationship with clients - they are often the first point of contact and manage the day-to-day aspects of their client's case, such as communication, updates, and document preparation.

The Collaborative Relationship Between Solicitors and Barristers

Solicitors and barristers often work together in the UK legal system to provide comprehensive and effective legal representation to clients. Their collaborative relationship can be viewed as complementary, with each professional using their respective skills and expertise to ensure the client's interests are best served.

The collaboration between solicitors and barristers typically involves the following:

• Solicitors handle the initial stages of a case - they listen to the client's issues, gather information, provide legal advice, and undertake negotiations.
• If a case proceeds to court, or if specialist advice is needed, solicitors instruct barristers to provide expert legal opinions, draft court documents or represent the client at the trial or hearing.
• Barristers advise solicitors on the strengths and weaknesses of the case, as well as strategy and potential outcomes, ensuring the solicitor can effectively manage their client's expectations.
• Solicitors and barristers maintain regular communication throughout the case, updating each other on new developments and adjusting their strategies as needed.

Though each legal professional has their unique strengths and roles in the UK legal system, it is the collaborative relationship between solicitors and barristers that helps ensure clients receive efficient, cost-effective, and comprehensive legal services.