services of a barrister had to be obtained). The Courts
and Legal Services Act 1990, however, introduced new
arrangements for determining advocacy rights, which
has led to suitably qualified solicitors enjoying more
extensive rights of audience in the higher courts. Since
1996 solicitor advocates have been eligible for appoint-
ment as Queen’s Counsel (QC) (see the section on bar-
risters below). Solicitors withoutfull rights of audience
are now also allowed to appear in the higher courts in
limited circumstances, e.g. in criminal appeals from the
magistrates’ court to the Crown Court and reading out
formal unchallenged statements in the High Court.
The opportunity for a solicitor to become a judge
used to be limited to appointment as a circuit judge.
However, the introduction of increased rights of audi-
ence for some solicitors following the Courts and Legal
Services Act 1990 has opened the way for solicitors to
obtain higher judicial office, e.g. appointment as a High
Court judge.
The Law Society is the governing body for solicitors.
It controls the education and examination of students,
issues ‘practising certificates’ which solicitors wishing to
practise must obtain, sets standards of professional con-
duct and deals with complaints about solicitors (through
the Legal Complaints Service).
Barristers
If solicitors are the ‘GPs’ of the legal world, barristers
are the consultant specialists. They specialise in advoc-
acy (i.e. representing a client in court) and have a right
to appear in any court or tribunal. They used to enjoy
exclusive rights of audience in the higher courts, such
as the House of Lords, Court of Appeal and High Court.
However, the Courts and Legal Services Act 1990 dis-
mantled this monopoly and introduced new arrange-
ments for deciding who may act as an advocate in the
courts. A barrister’s work is not confined to advocacy.
Indeed, some barristers spend most of their time on
paperwork – writing opinions on specialised and dif-
ficult areas of law for solicitors or drafting documents.
There are two types of barrister: QCs (Queen’s
Counsel) and juniors. After 15–20 years’ practice, a
barrister may apply to become a QC or to ‘take silk’.
Queen’s Counsel (or ‘silks’) are appointed by the Queen
on the advice of the Lord Chancellor. They represent the
top 10 per cent of the barristers’ profession (and 0.5 per
cent of solicitor advocates). There are several advantages
to taking silk: QCs enjoy a higher status, they command
higher fees, they may specialise in particular types of
legal work and may concentrate on advocacy and giving
opinions rather than poorly remunerated ‘paperwork’.
They are known as ‘leaders’ because they manage the case,
leading a team of barristers: they normally only appear
in court accompanied by a junior barrister. In July 2003
the government published a consultation paper on the
future of the system of QCs. In November 2004 the Bar
Council and the Law Society reached agreement on new
procedures for appointing QCs. The main features of
the new scheme are: creation of an independent selection
panel which includes lay membership; self-assessment
against competences required of an advocate; references
from judges, professionals and clients; an interview with
the candidate; and a complaints committee. The first
appointments were made in 2006.
Barristers are not allowed to form partnerships; they
must practise on their own account. Nevertheless,
groups of barristers share chambers (rooms in an office)
and collectively employ a barrister’s clerk who acts as
their office manager. The Courts and Legal Services Act
1990 abolished any common law rule which prevented
barristers from forming multi-disciplinary practices
with other professions, but the Act preserved the right of
the General Council of the Bar to make rules prohibit-
ing such arrangements.
The General Council of the Bar, which was established
in 1987, is the governing body of barristers. Admission
to the Bar is controlled by the four Inns of Court (the
Inner Temple, the Middle Temple, Gray’s Inn and
Lincoln’s Inn). The education and examination of stu-
dents for the Bar is the responsibility of the Council of
Legal Education.The relationship between solicitors
and barristers
Together, solicitors and barristers provide a compre-
hensive legal service. A person with a legal problem
starts by consulting a solicitor and in so doing will enter
into a contract for legal services. The solicitor will be
competent to deal with most of the matters brought to
him but in some cases he will need to retain the services
of a barrister. The barrister’s brief may be to give an
opinion on a difficult point of law or to represent the
client in court. A solicitor may approach any barrister to
undertake the brief and, according to the ‘cab rank’Part 1Introduction to law