When people talk about going to work in the legal sector most listeners will assume that they are talking about becoming a 'lawyer'. The term 'lawyer' has become something of a general catch-all term for anyone who works in the legal industry. Many people will also imagine, when they hear the term 'lawyer', someone who represents you in court and argues your case. There are, in fact, many different kinds of legal professional - some which fall under the term 'lawyer' and some which do not - and representation in court is only one facet of the legal industry. There can often be some confusion between different types of legal professionals and what they do. Many people confuse solicitors and barristers even though in reality they do quite different things. This article looks at the main types of legal professional and some of the main tasks that their position involves.
The type of legal professional that most people are likely to encounter if they need legal advice is a solicitor. Solicitors deal directly with clients and provide them with legal advice and support. If you have a legal issue you will often engage the services of a solicitor to rectify it. A solicitor will be able to use their experience and expert knowledge to advise you on the best course of action to take. Though solicitors will have a good understanding of most areas of law, they will usually specialise in particular areas. So, for example, if you needed legal advice on acquiring a divorce you would go to a solicitor who has expertise in family law. If a company wanted advice on completing a merger they would go to a solicitor or a specific law firm that specialises in corporate law and mergers & acquisitions. Sometimes, however, a situation may require the services of a barrister. Often a solicitor will be able to engage and organise a barrister's services on behalf of the client.
What does a barrister do and how does it differ from what solicitors do. The main focus of a barrister's job is to provide expert advice but also to represent their clients in court. Most solicitors will not represent their clients in court and will hire a barrister to do this. Barristers are particularly experienced in pleading cases in court and can either work for the defence or the prosecution. They also provide expert legal advice about particularly specific legal matters and can negotiate a deal on behalf of a client. Barristers are also able to draft complicated or specialist legal documentation. Barristers are so named because they are called to the 'Bar'. As mentioned above solicitors will be able to engage and organise a barrister's services for their client. The introduction of the Public Access Scheme, however, means that people can go directly to a solicitor if they choose, without needing a solicitor go-between.
There are also different types of barrister. You may hear of particular barristers being referred to as a 'QC' or a 'silk'. QC stands for Queen's Counsel (known as KC or King's Counsel when we have a king) and refers to a senior barrister who has been recognised for their outstanding ability. When a barrister becomes part of the Queen's Counsel they wear a certain type of silk gown. As a result the process of becoming a QC has become known informally as 'taking silk' and a barrister who is a QC may be referred to as a 'silk'.
Another important branch of the legal profession is that of 'legal executives'. It is often said that the three main professions in the legal sector are solicitors, barristers and legal executives. Though in previous years the role of a legal executive was fairly distinct from that of a solicitor, in more recent times the roles have become more similar. A legal executive, under the supervision of a principle, will be able to undertake many of the same tasks as solicitors. A solicitor, however, may specialise in a few different areas of the law while a legal executive will usually only specialise in one area.
Barristers are not the only type of legal professional that you will encounter in a courtroom - there may also be a judge present. A judge presides over court cases and will ultimately issue a ruling once all the evidence has been given and all the witnesses have been heard from. In order to become a judge the candidate should have held a relevant legal qualification for five or seven years. Judges will often deal with high court or crown court cases while magistrates will deal with lesser cases usually at a district level. Magistrates, unlike judges, do not need to have any legal qualifications or training.
There are several other types of legal professional that are found more 'behind-the-scenes' when compared with solicitors or barristers. A barrister's clerk is a particularly important role within barristers' chambers and involves a great deal of responsibility, organisation and management. Though the word 'clerk' is often associated with someone who does general office tasks, a barrister's clerk is quite different. A barrister's clerk will look after the management and administration of a barristers' chambers - effectively making sure that the chambers are run properly and professionally. A junior clerk may be more involved with more general administration duties like delivering legal documents, finding references and making travel arrangements. Senior clerks, however, are closely involved with the business development side of the chambers and may also look after the financial aspects as well as the management and administration.
A type of legal professional that, unlike solicitors and barristers, does not fall under the term 'lawyer' is a paralegal. Though they are not officially 'lawyers' they are still a key part of any legal team. Paralegals will be well versed in legal matters and will have strong legal knowledge. When you go to a solicitor about a legal matter they will give you advice about how to proceed. A paralegal, on the other hand, is the professional who will carry out the advice given by a solicitor. A paralegal is not a qualified barrister or solicitor but will often have undertaken training and may have some qualifications. Paralegals may complete legal documentation, undertake required research or even interview witnesses relevant to the case.
There are many different types of legal professional - only the main ones are covered in this article. If you would like to start work in the law profession you should do some research into the area and specific type of job that you would like. Some roles in the law sector are very different from other roles and particular roles may be more suited to your skills and personality. Knowing the differences between different law jobs can also be helpful if you have a legal issue that you need solved as it can help you to decide on the services that you require. It can also help you to understand how the process works.
© Izzy Evans 2013 If you would like to find out more about what barristers do and how to engage their services directly then you can visit Public Access Barristers .
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