Every facet of modern business life is governed by the
law. Today’s businessperson needs to be alert to the legal
implications of his activities. He will require a basic
understanding of the principles of business law so that
legal considerations can be built into the planning and
decision-making process. At some stage, however, pro-
fessional legal advice and help are likely to be needed
- to advise on the implications of a recent change in the
law or to draft a legal document or to assist in resolving
a dispute. In this chapter we will consider the sources of
legal advice and information available to business and
the various methods of resolving disputes.
Legal services
The question of who is allowed to provide particular
types of legal service has undergone significant change as
a result of reforms initiated by the Courts and Legal
Services Act 1990 and continued by the Access to Justice
Act 1999 and the Legal Services Act 2007.
The legal profession
The legal profession in England and Wales is divided
into two distinct branches: barristers and solicitors.
These two types of lawyer fulfil different functions,
although there is a certain amount of overlap in their
activities.Solicitors
Solicitors are the general practitioners of the legal pro-
fession, providing an all-round legal service. Solicitors
may practise alone but usually they operate in part-
nership with other solicitors. Solicitors are often the
first port of call for anyone with a legal problem; con-
sequently, their work is enormously varied. The work-
load associated with personal or private clients includes
drafting wills, conveyancing (the legal formalities of
buying and selling a house), winding up a deceased per-
son’s estate, dealing with claims for compensation aris-
ing from accidents or matrimonial problems. Business
clients generate a different kind of work: for example,
forming companies or drafting partnership agreements,
applying for licences, drawing up contracts, advising
on tax changes or new legal obligations in respect of
employees. When the legal problem involves court pro-
ceedings, the solicitor deals with the preparatory stages,
such as gathering evidence and interviewing witnesses.
A solicitor is entitled to appear in court on behalf of his
client, although rights of audience used to be limited to
the magistrates’ court and the county court (if the case
necessitated an appearance in a higher court, then the45Chapter 3 Resolving disputes
Learning objectives
After studying this chapter you should understand the following main points:
■the sources of legal advice and assistance available to individuals and
business;
■the civil and criminal justice systems, including the composition and
jurisdiction of the main courts;
■the nature and distinctive features of tribunals;
■alternatives to litigation and the different forms of alternative dispute
resolution (ADR).