1A.3.1 Solicitors Flashcards
How many solicitors are practicing in England and Wales, and where do they practice?
There are 150,000 solicitors practicing in England and Wales.
About 75% work in private practice and the remainder are in employed work, such as for local government, the CPS, the Civil Service or private businesses.
What is the role of a solicitor in civil cases?
Generally, a solicitor will be the first source of legal advice. The solicitor’s role is to:
- Collect evidence
- Prepare and issue court papers
- Carry out advocacy, usually in the County Court
- Instruct a barrister to advise on the case if it is more complex, to draft the court papers and to carry out the advocacy.
- Support the barrister throughout the case, including obtaining further evidence.
Give examples of areas which a solicitor could specialise in?
- Conveyancing
- Wills and probate
- Consumer problems
- Business matters
- Personal injury claims
- Family matters
Where do solicitors practice?
- Private practice in a solicitor’s firm.
- Public sector (CPS, government department, local authority).
- Legal advisors to large businesses.
Are solicitors able to become a KC?
Yes - if they have an advocacy qualification.
Types of law firms
The type of law a firm a solicitor works in will determine the type of work they do.
- High street
- Big city
High street law firm
- Commonly general practice – Advising clients on a range of issues
- More client oriented
- More time spent on paperwork
Big city law firm
- Specialised in a certain area of law – Advising clients on specific cases.
- More case oriented
- Less time spent on paperwork
Examples of cases dealt with by a high street firm
- Family law
- Conveyancing
- Wills and probate
- Personal injury
- Immigration law
Examples of cases dealt with by a big city firm
- Intellectual property law
- Sports law
- Energy and infrastructure
- Cyber security
- Art law
- Finance
Solicitors & Advocacy
All solicitors have rights of audience in the lower courts – the Magistrates’ and County courts.
Solicitors who wish to exercise rights of audience in the higher courts must complete a specialist advocacy qualification.
Solicitors with an advocacy qualification are eligible to be appointed as KCs and also to be appointed as judges.
Specialisation of solicitors
Although some solicitors may handle a variety of work, they typically specialise in one particular field. The firm itself may only handle certain types of cases and not take any criminal cases, or a firm may specialise in family matters.
In big city firms, there will be an even greater degree of specialisation, with departments dealing with just one area of a law or a limited number of clients.
What is the role of a solicitor in criminal cases?
A solicitor might initially meet a client who has been arrested, in the police station, though it is more likely now that a solicitor will have a telephone consultation rather than a face-to-face meeting. In serious cases they might sit in on police interviews.
In less serious cases a client may have been issued with a summons by post and the initial meeting will take place in the solicitor’s office or at the first court appearance.
- If the police press charges, the solicitor will obtain details of the prosecution case (known as disclosure) and advise the client on the strength of the evidence.
- If the case is heard in the Magistrates’ Court, the solicitor can carry out the advocacy.
- If the case is heard in the Crown Court, the solicitor is likely to brief a barrister or solicitor-advocate to advice and carry out the advocacy. The Solicitor will support the barrister throughout the court hearings.
