Development of legal education in England. Legal education in England. We hope for cooperation

Women in England and Wales - 51%. Since 1992, the number of women's solicitors grew faster than male solisters. Meanwhile, in the statistics of the judicial agency, this trend does not find reflections. The gender structure of the judiciary continues to be most advantage of male.

The number and composition of the judges of England and Wales (on April 1, 2007)
Suddy's position	Total number, people	Women, people. (%)	Representatives of minorities, people (%)
Ordinary Lords Judges (Lords of Appeal in Ordinary)	12	1 (8,3)	0
Chairmen of the Departments of the High Court (Heads of Division (High Court)	4	0
Court Lords of Appeals (Lord Justices of Appeal)	37	3 (8,1)	0
High Court Judges (High Court Judges)	108	10 (9,3)	1 (0,9)
Judges of District Courts (Circuit Judges)	639	73 (11,4)	9 (1,4)
Recorders (Recorders)	1206	182 (15,1)	53 (4,4)
District Judges (District Judges)	450	101 (22,4)	14 (3,1)
Deputy District Judges (Depet District Judges)	780	219 (24,9)	30 (3,85)
Judges of Magistrate Courts (Magistrates "Court Judges)	169	42 (24,9)	9 (5,3)
Total	3544	664 (18,7)	123 (3,5)

A distinctive feature of lawyers in England and Wales - said separation on barristers and solicitors. It is unique, similar in other countries of the British Commonwealth. Such a division has always served as a reason for discussion, calls are known to unite barrister and solicitors in a single profession. However, there are arguments and for saving an existing position, and for merging.

Most of all lawyers (lawyers) per 10,000 population are in France (46), Germany (34) occupies second place. The United States for this indicator is in third place (28), although in absolute terms in the United States approximately 700,000 lawyers.

In the UK, there are about 11,500 barristers (of which 70% work in London) and 96,000 solisitors (of which 75,000 hold their firms), that is, about 17-18 lawyers for 10,000 population. Since the 70s, the number of solisitors in the country has tripled.

Perhaps Special Merit The lawyers wear the honorary title "Counselor of the Queen" - Queen "S Counsel (QC). Until 1996, he was assigned only to barriders, since 1996 they also assign solisitors. If the king is used on the throne, the corresponding abbreviation of the COP (King's Counsel - "King Advisor").

The usual ideas about the barriders and solicitors are reduced to the fact that barriesters are engaged in advocate in the courts, and solisitors are outside the courts (Legal Work Out of Court). However, this opinion is inaccurate. Barristers mainly lead legal advantages. They own the right to represent the interests of the parties in high and appeal courts, in the House of Lords. However, in addition to legal advocacy, barriesters can perform with expert assessments on legal issues. Solisitors are also engaged not only exceptionally legal work outside the vessels. For example, until the 1990s, solisitors could represent the interests of their client in the Magistrate Court, as well as in County Courts and in Court Court (see: Cours and Legal Services Act 1999 and Access to Justice Act 1999). Now 1000 solisitors have received the right to judicial advocacy in high courts on a par with Barber. In the High Court of Justice, solisitors, for example, can speak on bankruptcy cases, and in court the crown - on appeals on the decisions of the Magistrate Courts. Solisitors act in the appellate instance, in a high court - on cases that are considered by the judge alone.

At first glance, the differences between the leafers and solicitors may seem significant. However, the difference between them is rather in the organizational side of the case (in the forms of work organization) than essentially (according to functions): there is no such lawyer activity, which is performed only by solisitors or only barriesters. Consequently, they perform the same work, but in their own way. Today, solisitors are generally more spending time in ships than barries: 98% of judicial lawyers in criminal cases fall on the Magistrate Courts, where solicitors usually work. In addition, the 1990 Law "On Courts and Legal Services" translated the case of contracts and delicates from the jurisdiction of the High Court of Justice in the County Courts.

The very first references to Barristrah are referred to the XII-XIII centuries. Previously, the need for them was absent, and each free resident of the country could personally submit their affairs in court. However, over time, the population was forced to resort to the help of competent and experienced mothers in the Royal Court as a result of the complicated procedure. For their services, such people received the appropriate fee. By the XIII century, such mothers acquire the features of a special privileged professional group. They begin to work under the patronage of the British royal judges, that is, they were recognized and they had the case of Judge King.

To the XV century Among English lawyers, several independent professions have already been allocated. For example, such shapes appear as legal elders (SergeAnts-AT-LAW). Only they possess the privilege to speak on behalf of their customers in the Court of Common Pleas). Barristers arise as lawyers' disciples, but then become full members of the profession. Like legal elders, barriesters were also allowed to perform directly in the Royal Court, although they then occupied the lower steps in the hierarchy. Thus, historically, the profession of the Bristler arises as a judicial lawyer profession (Court Room Lawyers) endowed with certain privileges.

Two more groups of attorneys - Attornei, or jury attorneys (Attorneys), and solisitors (Solicitors) - were not allowed directly to the royal courts and therefore were related to a group of office stripes (Office Room Lawyers). Attornei was carried out in local courts of general law, and solicitors performed in the Chancerta Court (Court of Chancery). Procrators (Proctors) practiced in church and maritime courts.

Reform 1873-1875 It was intended to put an end to the fragmentation of the lawyer profession in England and Wales. Since then, only the division of lawyers for two main categories remained: on barristers and solicitors. However, today, largely rapprochement of barristers and solisitors does not occur. They still differ from each other with their traditions, organization and rules of professional activity, as well as functions.

Preparation of barrister and solicitors is largely similar. Usually they should get a lawyer's diploma at the university, although the diploma may be at another specialty (the latter is rare). Then follows the stage of vocational training, and here the differences are already more noticeable. So, barristers hold the bar examination, organized (under aegis - under the auspices) of the School of Court of Law. Solisitors are passing the exam (Final Examination) under the auspices of the Legal Society (LAW Society). These exams are different, as they take into account the future professional role. Both barriesters and solicitors must pass a preliminary internship ( to Complete A Period of Apprenticeship - Pupilage) Under the supervision of an experienced birrist or solicitor.

In the English tradition of the barrister and there are actually lawyers in the full sense of the word. It is barristers that form the fact that in other countries is called advocate (The Wag). Barristers - Elite of Lawyers. As the elite, barristers among lawyers of England and Wales make up a minority. The Royal Advisors (Queen "s Counsel) can only be barristers who received the mantle (Silk), and with it and the right to perform in the Higher Courts. These among barristers are a bit, a little more than 500 people, - Elite Barrister. The rest - Barristers without a mantle - Having a lower position in the lawyer's hierarchy. As a result, most barristers are employed in the field of business and in teaching work.

The work of the Bristaist is mainly in jurisdress in courts and in the preparation of written conclusions (Opinions) in the area of \u200b\u200blaw where they specialize. Before the law "On Courts and Legal Services" of 1990, Barristers could only work in contact with solicitors. However, now barries can enter into direct contracts with customers in need of their services, and receive a fee from them.

In addition, the Barberians are also not yet rebeling to provide legal services to other persons, that is, those who are not potential or real participants of the trial, but wishes to obtain the competent opinion of the expert on these or other issues of law and legal proceedings. For example, such clients can be financial workers, banks and other enterprises.

All barriesters are divided into two categories: younger (Juniors) and senior barrister (qc). A successful junior barrister after ten years of work, as mentioned, usually "receives the mantle", that is, becomes the "advisor of her / His Majesty" (Counsel). In this case, he has the opportunity to focus solely on the judicial lawyer. Barristers who served to the "mantle" receive more solid fees, their status in the eyes of judges is rising. Mostly appointments to the judges are made from the barrister who granted the mantle.

British barribrees cannot fail to refine the fee from their client. However, such issues are regulated by the ethics of the profession, as well as at the level of interaction between the governing bodies of the lawyer and the community of solisitor. In particular, the Council of Law Society of Solisitor ruled that solicitors should control the barrister systems to receive an appropriate fee from their clients.

For a long time, the barrister was not responsible for the damage resulting from their unqualified or erroneous actions and advice to clients in the trial. Of course, attempts have repeatedly been made to immediately immediately immediately damage the damage to their clients due to the lost trial; From time to time, customers, losers, were served on barriesters and to court. The immunity of barrister, however, unequivocally confirmed the decision of the court in the case of Rondel against Wastley in 1969 1 Rondel V Worsley 1 AU 191. The plaintiff demanded to commemorate the damage, which he suffered due to the negligence execution by the barrister of his duties on the presentation of the plaintiff's interests. The court rejected the lawsuit as unfounded. Thus, the court did not recognize that in English right there is the right to make claims to barriders in court in such situations. The main argument of the court was that the recognition of such a right would be to return the case to a new trial, and this is contrary to the norms of common law and the judicial procedure.

Meanwhile, both solicitors and barriesters no longer have immunity from responsibility for harm to the client, if he arose due to their fault due to their professional errors.

In the case of Hall V Simons (AC 615) before the House of Lords, the question was raised about the need to reconsider the absolute lawyer immunity from liability for harm, which comes to the professionally negligent work of a solicitor or Barristra. In his decision, the House of Lords emphasized that there is no reason to preserve this provision in the English law, especially since other professions - for example, doctors are responsible. The House of Lords expressed the hope that the removal of immunity from lawyers would not lead to the effect of the "open gateway" (Open Floodgates). Such hope of the House of Lords associates with special rules in English civil procedural law, designed to guarantee the courts from sutying abuses (VEXATIOUS proceedings).

The rule, according to which the Senior Barrister could not appear in the courtroom without the accompanying younger Barberr, were canceled in 1977, although the tradition of fulfilling the entire draft work by the younger barrister remains and so on. In those cases where without a royal lawyer could not do, the client is forced to pay actually the services of two barrister services: the one who writes and is documents, and the one who acts in the courtroom. According to the Code of Conduct, Barristers provide services on a fee basis, but they cannot refuse to the client in services for political, racial, ethnic, religious or ethical reasons.

The difference between barrister lawyers from the lawyers of solisitor consists in the fact that the Bristers are forbidden to form partnerships: they work individually or as part of Chambers (Chambers). They cannot hire for the fulfillment of their functions of other barrister. In London, there are 226 barrister chambers, 112 chambers are organized in other places. They combined 7833 barristers.

Chambers for barrister performs the functions of the advocacy secretariat. The chamber has a special employee - Clerk (Clerk), the responsibility of which the decision of the business issues of Barberry. For example, he discusses with solicitors due to Barberry fee, distributes the work between the Barberry Chamber. Until 1990, the Clerk of the Chamber consisted that only through it solisitors and other customers could come into contact with Barrister.

Recently, the controlling role of barrister chambers has undergone significant limitations. So, in accordance with the new legislation, barrister can do without the services of the Clerk Chamber. For example, they can enter into contacts with customers even from their home - by phone or using a computer.

Among other innovations concerning the work of barrister can be noted the following: canceled the ban on visiting the legal offices of the legal office of solisitors; Barristers have received the right to give ads with the proposal of their services, although they are still obliged to take customers on the appropriate letter of the solisitor.

Barrister is allowed to practice only if he is "designed" by one of the four judicial innings (guilds): GRAYS "S Inn, Lincoln's Inn, Inner Temple, Middle Temple. Barrister Guilds - ancient English The tradition, leaving in the XIV century. Unlike the legal society of solisitors, Judicial Inna Barristers has never been established by law. By the way, no one has "called on" barristers, since their professional community has not established. Barristers appear Together with the courts, as part and belonging to the court. What and how to do Bristers, the British Parliament has never defined, these problems have always remained the internal affair.

Each Guild of Barristers is controlled by its "bench" (Bench) and Senior Barrockers. Innam belongs to absolute power to solve the issues of admission to English lawyers. To be accepted into barriesters, it is necessary to consist of a guild of a certain period. This time is measured by an unusual unit - the number of lunches that guild gives. As a rule, the candidate must visit 24 lunch. In addition, it is necessary to withstand exams on theoretical and practical training. Then the candidate for barristers is translated into the category of interns (Pupil) and attach to the appropriate chamber for one year. After half a year, the trainee can independently represent the case in court. Upon the expiration of the internship, it is possible to become a full barrister, if a vacancy is formed in the appropriate chamber.

Barrister governments are the Senate of Judicial Innov and the Board of Barrister.

The chief self-government body of Barristers is the Senate of the InnS (The Senate of the Inns) and the Bar. In its modern form, they were established in 1974

The Senate of Judicial Innov is developing a common line of behavior and work of the barrister community, accepts the Code of Conduct's Conduct (Code of Conduct), provides it with strict and strict performance. In addition, the Senate finances the activities of the lawyer. He is also a disciplinary body, although formally the use of disciplinary action measures to Barberians is under maintaining Inn. The Senate of Judicial Innov includes 90 members, including the General Attorneya, the General Solisitor, the Chairman of the Council for Legal Learning, 24 of the Actual Members of the Bench and 39 barristers.

The current work of barristers is headed by the Bar Council Council (Bar Council), formed in 1894, until the introduction of the Senate in 1974. This body was the organizational center of the barrister community. Many powers previously belonged to the Council are now transferred to Senate. Currently, the Council is responsible for maintaining the professional level of barristers, follows the "honor of the uniform" and is on guard of independence of the lawyers community. At the same time, it should be noted that the Board of Barristers does not have any disciplinary powers. The difference between solicitors and barrockers is in their functions, but not for their goals.

Unlike barristers, mainly engaged in practical advocate in the courts, the work of their office and the correspondence, solicitors are more time to dedicate the practical side of the legal affairs that they have to lead. So, it is solicitors that provide a preparatory stage of litigation. They interview witnesses, prepare texts of statements and other documents on the instructions of their customers. However, this is perhaps the most importantly - solisitors, unlike barristers, work in direct contact with their customers. The main earnings of solicitors are associated with the design of real estate transactions.

At the same time, it would be an exaggeration to argue that solicitors spend all their time in the offices, working on legal documents, and barriesters are only busy, which act in the courts. In fact, most of the solisitors of half of their working time are also carried out in ships (downstream), and the ledge of the lion's time has to be devoted to working with documents. Externally, the work of the solisitor looks more diverse than the work of the Barber. Even in the case when barrister comes into business, all the same solisitors are carried out the main part of the routine legal work.

In 1990, solicitors provided the right to perform in high courts. Previously, they used exclusively barristers. The first solicitor-lawyer appeared in 1994. Lawyers' solisitors receive a license that gives the right to act in the Higher Courts. To obtain a license, you need a solister experience of at least three years and experience of practical advocacy in the lower courts. It is possible to obtain licenses of three types: 1) to participate in the process of both civil and criminal cases (All Proceedings); 2) to participate in the civil case process (Civil Proceedings); 3) to participate in the Criminal Proceding Process (Criminal Proceedings). All the rules and instructions that are published by legal society (LAW Society "s regulations are distributed to lawyers, and the rules and instructions published by the Barrister Soviet (Bar Council" s regulations are not applied. In court, "My friend" appeals to them, but not "my scientist friend", like a barride; They do not wear a wig, although they are in the mantle. To become a lawyer's solicitor, a solisitor must pass additional training.

If we are talking about civil cases, it does not necessarily go to court. In any case, most of the preparatory work is carried out by a solicitor. In particular, the solicitor is negotiating, which can lead to a global agreement without trial. Barrmer to participate in the case invites a solicitor. The duties of the Barrirmer include the preparation of draft variants of the necessary documents, which will then be presented in court. From Barberry is waiting for advice, to accept or not the proposed conditions for reconciliation. If it all makes it comes to trial, the barrister should be ready to personally appear in the courtroom.

Most criminal cases begins and ends in the Magistrate Court with the participation of a solicitor, although some solisitors, especially in London, attract younger barristers to participate in the court hearing, pre-instructing them. Cases on charges of grave crimes, as mentioned, considers the court of crown. However, here barristers have not yet long lost their lawyer monopoly. In 1994, for the first time in history, several solisitors received licenses for the right to act at court sessions in the court of the crown.

The lion's share of solisitor's working time is subject to documents, supporting property of property, making offenses, participation in extrajudicial procedures as part of civil disputes, resolving legal issues related to the conclusion and termination of marriages, land ownership, employment, immigration, legal entities management, legal entities etc.

Solisitors can perform their advocacy responsibilities in the Magistrate Courts, in County Courts and in some tribunals. In court crown, they still cannot act as advocates for those cases that are considered in the first instance. Existing instructions open with solicitors access to the court of court session of the Court of Corona is only to participate in cassation production, and even then only those cases that considered the Magistrate Court with their participation. In addition, solicitors can act at the meetings of the High Court for Bankruptcy Affairs. Participate in the meetings of the European Court solicitors can be on a parrocher.

Solisitors are carrying civil and judicial responsibility for non-fulfillment of duties under customer contracts or obligations from causing harm to the client with their unfair work.

Solisters who worked in their position for at least ten years, as indicated above, can be appointed recorders (Recorders), that is, solicitors that combine the responsibilities of a lawyer with the duties of the judge in the court of the crown. Solisitors with work experience at least five years can receive an appointment for work with circumferential judges of one of the six judicial districts who are divided by England and Wales - in fact judges of the Court of Crown or County Courts. The solicitor may also take a position in the Supreme Court (Master of the Supreme Court). At the same time, the Law "On Courts and Legal Services" of 1990 provides that solicitors can "get a mantle" (Take Silk), that is, go to the category of barribisters, the Lord Chancellor can assign them with senior barrockers (QC).

Solisitors can be combined into partnerships, but they are forbidden to establish companies. Recently, especially in London, there is a tendency to combine solicitors into large partnerships, with the number of partners to one hundred and more. Many solisitors are occupied in the field of municipal administration or work in private firms and in companies as legal advisions (Legal Advisers).

Manages the work of solisitors and lawyer-solisitors Special authority - the legal society of Solisters of England and Wales (Law Society for England and Wales). It was established by the Special Royal Charter in 1845. Membership of solisitors in legal society - purely voluntary; Nevertheless, it includes about 85% of all solisitors. In accordance with the Law "On SoliCitors" (Solicitors ACT), 1974, legal society provides qualification tests for solicitor certification. It also issues a special body of solisitor - the newspaper of the legal society (LAW Society's Gazette). Under legal society, a special educational institution and the club of solisitor are organized.

In accordance with the legislation, the legal society is endowed with rather significant rights to control the activities of solisitor. So, it registers each solicitor who has passed the qualifying exam. His personal data is entered into a special register of solicitors (Roll of Solicitors), which leads to legal society. In addition, the legal society is responsible for insurance of solicitors in case of harm to customers. It conducts verification of solisitor activities, makes decisions on their financial statements and income, establishes disciplinary and professional requirements for solisitor.

Attorney General (The Attorney General) - the highest official of the British lawyer community. At the same time, he is a barrister practitioner, and not just the head of the barrister. However, as a public figure, he cannot fulfill the duties of the Barber in private. Its main procedural function is to maintain the accusation of the government in court for particularly important criminal cases. The latter are primarily related to cases on charges of particularly dangerous state crimes. In addition, the general attorney represents the interests of the government when it acts in court as the plaintiff or the defendant.

The general attribute is entitled to handle applications for refusal to further prosecution or from protecting claims in court (ENTER A NOLLE PROSEQUI). For example, this is possible in the case of the detection of southetic motives to appeal to the court (if IT IS VEXATIOUS) or if it is found that the defendant at death, etc. The general attorney can also act as the plaintiff for cases representing a large public interest and importance. According to its status, the general attorney is a member of the English Parliament, but can not be a member of the cabinet.

The General Solisitor (Solicitor General) as office is deputy general attorney. Thus, he is also a barrister - and also a member of the parliament. Like the general attorney, the general solicitor cannot act as a private solicitor.

In English society, the validity of such serious differences between the barristers and solicitors has recently been increasingly exposed to serious criticism and doubts. The official point of view on this issue is enshrined in the materials of special commissions and in other official decisions.

Thus, in 1975, the Council of Lawyers and the Legal Society issued a joint statement, known as the Bat Declaration (Declaration of Bath). It says that social needs are best satisfied under the condition if the law profession is divided. In 1976, the Commission was established to analyze the Regulation in the field of legal work in the country. In 1979, the Royal Commission on Legal Services under the leadership of Lord Benson (Royal Commission on Legal Services) unequivocally spoke in favor of preserving the current situation. According to the Commission, the unification of barrister and solisitor will lead to a decrease in the quality of the advocacy, and ultimately court decisions. It also threatens the danger of the formation of large law firms with major cities. The latter is fraught with the restriction of freedom of choice of protection for citizens.

The legal circles are widely discussed by arguments for and against the association of the barrister communities and solicitors in a single person in the example of the countries of continental Europe and many other countries of the world. The most fully similar arguments are set out and analyzed in the materials of the Benson Commission mentioned, as well as the similar commission of David Clementa 2003.

Arguments against the unification of barrister and solicitor

1. It is not in the interests of society. In particular, if you combine barriesters and solisitors, then many, especially the most experienced and capable, barriesters will move to large law firms, and customers of small firms will be in an unequal position, since such specialists will be inaccessible to them. Small law firms will no longer exist. Thereby decreases the number of legal services offered to the population.

2. This is not for the interests of the court. In the contextual justice, the judicial system depends largely on oral proceedings. The judges need clear and clear arguments with which they can come to a faithful and reasonable solution. Such services may not have any lawyers, but only their narrow, most professional and talented group - barristers.

3. It will make barristers inaccessible to many customers, as in the event of the unification of the profession, the barrister will turn out to be focused in large firms. Today, a solisitor can choose himself, from which Barrister he is better to get advice for his client or what barrister will be better in court. Under conditions, when the complexity of cases and technical issues related to the judicial procedure increases, the importance of the availability of the necessary consultations of specialists (barristers) is increasing.

4. It can reduce the objectivity of participation in court.

5. This will violate the trust relationship between the courts and lawyers.

Arguments for the union of barrister and solicitors

1. Duplication of barrister and solicitor functions (Functions Overlap). Currently, many solicitors in the Magistrate Courts and County Courts actually perform the functions of barristers.

2. The ineffectiveness of the existing system. The separation of lawyers on barrister and solicitors leads to additional costs, excessive spending forces and means to solve legal issues. The quality of legal services suffers, since there is no personal responsibility: it is assigned to two sides immediately, and therefore, no one specifically. In addition, the reasonableness of the current practice when Barrister receives a resume of a solisitor per day or two to the process, causes serious doubts from customers.

3. Cost of services. As a rule, that the case falls into court, the plaintiff has to pay a "double tariff".

4. Distrust of the Barberls from customers due to the fact that they are personally not connected with affairs.

In the order of proposals, various options envisaged, for example, the full equalization of solisitors in the right to act in any vessels with barriders, providing the right to the right to unite the right to the partnerships, etc. On the other hand, measures have been proposed providing for a single qualification procedure for barrister and solicitor. EVERY lawyer must keep their own practice for the most complete satisfaction of customer needs. In this case, the client could decide which lawyer to hire him. However, the 1990 Law "On Courts and Legal Services", which has come into force, does not leave almost no hope for a quick union of two advocacy professions in England.

The materials of the Benson Commission were criticized. The greatest value acquired two questions affected by the Commission - they called out the discrepancy between the Council of Barristers and Legal Society. One of them is the question of the monopoly of solisitors to the implementation of transactions of purchase and sale (Conveyancing). Since 1804, no one, in addition to solisitors, cannot receive a fee for registration of sales transactions (otherwise crime). Such transactions make up half of all incomes of solicitors. In 1985, the Law on Justice Management (Administration of Justice Act) limited the monopoly of solicitors to design real estate transactions and allowed such transactions to licensed intermediaries (Licensed Conveyancers) under the control of the Council of Intermediaries. Solisitors were partially allowed to advertise their services.

The issue of creating the united office of solisitors and intermediaries is also discussed. Solisitors stated that they should be granted the right to engage in advocate (play) in higher courts (Right of Audience). Their requirement, as we have seen, have been fulfilled: the position of a lawyer solicitor was introduced.

The structure of the Great Britain's lawyer is shown in the table.

	Barristers	Solisitors
Number of practitioners	11 500 (13% Women)	96 000 (19.5% Women)
Organizational form of activity	Private practice	Individually, in a partnership or employment in firms or in local authorities
Number of firms	London: 226 Law Office (Chambers). In the provinces: 112 Law Office	7833 (including 2744 individual)
Name of the professional community	Board of Barristers (VAG Council)	Legal Society (LAW Society)
Superior organs	Professional Conduct Committee (Professional Conduct COMMITTEE)	Professional PurpoSes Department. Independent Observer (Law Observer). Ombudsman for solisitor (Solicitors "Ombudsman)
Relationship with customers	Through a solisitor, on the principle of a live queue (Through Solicitor, Cab-Rank Principle: Must Take Next Client Waiting As Taxi Drivers DO). HE may charge due fees in court (Cannot Sue For Fees)	Contractual (Contractual)
Responsibility in professional activity	HE carry civil liability on claims for harm due to improper performance of professional duties in court (No Liability in Negligence in Respect of Advocacy in Court)	Civil Liability for Contracts and Violation of Delicious Obligations (Liable in Contract and Tort to Clients)
Rules of professional ethics	HE work NO ads (no advertising). In court, the wig and mantle (Wig and Gown in Court) must be members of the barrister guild (MUST Join An Inn Court)	Limited advertising (limited advertising). Mandatory form of clothing in court - mantle (with the exception of the Magistrate Court), but without a wig (GOWN; IN COURTS (EXCEPT MAGISTRATE COUN) BUT NOT WIG)

Other Legal Professions (Other Legal Professions) in the UK include legal advisers, judicial secretaries, lawyers and licensed mediators.

Legal Counsel (Legal Executives) - members of the professional community, or institute, legal advisions (Institute of Legal Executives). Formerly, legal advisers called helpers with solicitor. However, the Law "On Courts and Legal Services" of 1990 provided legal advisions and other opportunities. Today, legal advisers are considered as the Third Legal Profession (in addition to barristers and solisitor). According to statistical data, in total in the UK there are about 22,000 legal advisers. 2 See: Gillespie A. The English Legal System. - Oxford: Oxford University Press, 2007. - P. 246..

Among the lawsuits are allocated to the so-called actual members of the legal community (Fellow of the Institute) - legal advisions, whose high professionalism is generally accepted; They have the highest qualifications. All other legal advisers are simple members of the Institute (Members of Institute).

Recently, in order to become a member of the legal adviser, a university diploma is required. However, such a requirement is observed. Therefore, so far in the legal advisions (members of the institute) take all those who want with a university diploma (not necessarily right).

The attractiveness of the leisure profession is that professional training can be combined with work, and the salary of the legal adviser is beginning to pay and before receiving the certificate of the institute of legal advisers. Typically, the legal advisers work on firms, in solicitors, in banks, etc.

Professional training of the legal adviser is organized in three stages.

1. Initial training (Student). At this stage, testing, written test work on the tasks of the institute of legal advisions with the issuance of two diplomas are: a diploma of professional legal training (ILEX Professional Diploma in Law) and a higher legal education diploma (ILEX Higher Diploma in Law). To obtain a diploma of higher legal education, a study is required to conduct research on certain areas of legal practice, in which professional activity of the legal adviser is planned. The first stage usually takes four years and more if the intern has no higher education.

2. Members of the Institute (Membership). This stage is achieved by four years in the first stage and upon receipt of diplomas of professional legal education, after work under the leadership of the solicitor.

3. Current members of the Institute (Fellowship). This stage is achieved in five years of work as a legal adviser under the leadership of a solicitor, but not earlier than two years after the completion of the first stage.

The legal advisers specialize in the industry chosen by them and cannot change specialization. Usually they work in some kind of civil law. Specialization, however, means restricting professional interests by industries, and not institutions of law. In other words, the areas of specialization are wide enough: for example, family law, contract law, shareholder law, etc. A significant proportion of legal advisers is to fulfill the instructions and tasks derived from solicitors. The work is guided by solisitors, and, unlike them, legal advisers cannot organize their own firms. Due to changes and additions made by law "On Courts and Legal Services", 1990, the legal advisers were able to act in the courts (Right of Audience). So, all the actual members of the institute of legal advisers can act in the courts at pre-trial stages on procedural issues. This right received a few legal advisers, however, it guarantees them the opportunity to act as lawyers in the courts of counties and the Magistrate Courts.

Membership at the Institute of Legal Counsels opens the way to solicitors. Usually, in order to become a solicitor, you need to purchase a higher legal education at the university, and then undergo a course of vocational training of legal society and to work in an intern (Undertake a Training Contract). A valid member of the institute of legal advisers, who received confirmation of his qualifications from the institute to become a solicitor, no internship is required, since the five-year work experience as a legal adviser and membership at the institute is equal to internship.

Judicial secretaries (Justices' Clerks). In every trial, at least one judicial secretary is appointed. Purpose in accordance with Art. 27 of the Law "On Courts" (Courts ACT) 2003 produces a Lord Chancellor after consulting with the main Lord of the judge. The judicial secretary is not constantly in the same court and is responsible for the activities of all courts of the district. At the judicial secretary in submission of several assistants (Assistant to a Justices "Clerk).

The responsibilities of the court secretaries are provided for by the provisions of the said law "On the courts" of 2003, their main obligation to advise the judges of the Magistrate Courts of Law. In court crown, such a function is assigned to a judge, which clarifies the right to jury assessors in a particular word. The law "On the courts" of 2003 permits the Lord Chancellor to impose on court secretaries and other duties. Special rules for judicial secretaries of 2005, prescribe them to fulfill some of the responsibilities, previously assigned to the world judges (magistrates). The judicial secretaries not only organize judicial work on the case, but also solve issues such as appointment, deposition and transfer of court sessions, the statement of the appearance on the court, the issuance of arrest warrants, the extension of pledge, etc. Judicial secretaries are not a judge, only the help of judges enter their duties. However, they are obliged to give advice to the global judges whenever they consider it necessary. In other words, they should not be waiting for questions: to give advice and advise global judges - their direct duty. Moreover, they can ask questions to the parties in business and witnesses to clarify the circumstances of the case, as well as for any other circumstances. The duties of the Judician is to ensure that a fair and reasonable decision on the case is made, but personal responsibility for such decisions lies with the judges.

In practice, questions arise about the powers of the judicial secretary. In particular, can judges ignore secretaries advice? It is believed to ignore the Council of the Judicial Secretary for the magistrate is unreasonable and goes beyond the powers of the judge. At the same time, blindly follow the advice of trial secretaries is also not welcome. As a general rule, the advice of judicial secretaries is mandatory for judges in the part, in which the existing law determine, but they cannot concern what the decision of the judge should take on the case, based on the right. In other words, the responsibilities of the Judicial Secretary do not include advice on the solutions that judges should be taken.

As a rule, the secretaries of the courts have legal education and preparation, which cannot be said about their assistants. The government is determined to resolutely change this provisions: all the judicial secretaries and their assistants in the future should be appointed if they have a five-year experience of speeches in court as a lawyer. Some localities are introduced in special positions in Trainee Legal Advisor. They are appointed by persons who graduated from vocational training courses of a solisitor and Barristra, so that after the program, they could take the position of the Pienty.

Assistants of lawyers (Paralegals) - the recent acquisition of the UK legal system. The term is borrowed from the legal system of the United States, where the assistants of lawyers are an independent legal profession. In the UK, assistants of lawyers (barristers, solisitor) have not yet occupy such a place. Assistants of lawyers perform the responsible, although technical work. They have no legal education and professional legal training. Usually they are looking for and copy the necessary legal documentation, other materials to ensure legal activities. Assistants of English lawyers compete with legal advisions, although they do not have official recognition on the rights of the legal profession.

In the UK, the position of an assistant lawyer usually occupy persons with legal university education, but without appropriate training. Usually, graduates of universities are becoming assistants who are preparing for training on training courses of solisitors (LPCs) and barristers (BVC) or those who have completed such courses, but remainless internships from the Solisitor (TRAINING CONTRACT) or Barrmer (Pupilage).

The traditions of education in these countries are very strong, tested by time: it is the educational systems of these countries that serve as an example and a benchmark for educational institutions around the world. In addition, the foundations of the British and American law are widely distributed, and the system of legal proceedings around the world work in many ways on these systems.

Possible learning areas in the field of law are very diverse: it is both undergraduate, graduate studies, doctoral studies, and short-term training courses and advanced training, and preparatory pre-compensation courses. An important plus is practically on every program theoretical training goes without tearing from practice: real cases, cases of life and legal precedents are constantly dealing, well-known specialists, speakers, judges and lawyers are invited, themed master classes, lectures and seminars are arranged. In addition, the study of a large number of related specialties allows graduates to be really highlighted in the international labor market - problems with searching work practically does not occur.

Legal education in the UK: Structure and Training Features

Sugges enough short bachelor programs - they last only 1-3 years against a four-year-old domestic program. This is due to the fact that the dense career guidance and the study of specialized disciplines in Britain is already under the elder, graduation classes (Sixth Form Stage), respectively, the university children are already coming with a solid foundation for basic knowledge and skills.

Of course, the cost of studying in the UK, especially on such a popular specialty, as jurisprudence, is very high: so, for studying in Oxbridge and other top national universities will have to pay 13-14 thousand pounds of sterling (and this is excluding accommodation). But graduates pay off the funds spent already in the first years after the release - such young professionals are very quickly "praising" the best international companies offering prestigious and highly paid positions.

In addition, the most gifted students have the opportunity to receive a grant or scholarship - this will help significantly reduce costs. A good way to save is to use the translation program or others: finish the university in Russia, to get a diploma of an international sample and after that to enter British universities (for example, on the program of the magistracy).

Speaking of admission to Great Britain's legal universities, we note the following key requirements for applicants:

• High English level - almost at the carrier level: from 230 or from 7.0
• Possession of the necessary academic skills and profile terminology (for this we will be able to choose effective preparatory courses)
• If it is possible - it is better to go through the program of medium, older and graduation classes in the English school:, or. Please note that the law faculties and schools are very demanding - at least three subjects an assessment estimate should be a * -a and not lower.

Universities in the USA: legal universities, institutions and higher schools

In the US, it is the jurisprudence that is one of the most powerful and demanded specialties: it was influenced by the long-standing traditions of the American law, a huge number of legal and legal companies and specialists, high educational standards and generally high legal literacy of the population.

If you decide to get a higher legal education in the United States and concerned about this issue in advance, it makes sense to finish one of the so-called schools of law. Such schools are included in major and developed universities and are preparing high school students on the main disciplines of the legal system. Big Plus - You can enter such a school with a diploma or certificate of any specialty, you will only need to undergo a special Pre-Law preparatory course. PRE-LAW subjects may be different: for example, in University of South Florida there are options for international, judicial, constitutional law, environmental legislation.

In the universities and higher legal schools themselves, students start with the undergraduate program: the degree of Juris Doctor allows you to start lawyer activities (family, criminal, civil or corporate law). Then followed by the master's course - the degree of LLM. On the magistracy, you can enroll both immediately after the end of the legal undergraduate, and with another diploma - but having passed a special preliminary training and passing the LSAT exam (if you have studied on the adjacent, but not a specialty).

Where to go to learn?

We have already noted the best legal schools in the world. But the list of prestigious, demanded and high-quality educational institutions is not limited to the specified loud names - we give for you a few more examples in the UK and the United States.

1) United Kingdom

• (Birmingham)
• University of Sheffield (Sheffield)
• Liverpool John Moore's University (Liverpool)
• (Southampton)
• (Southwest London).

Traditionally, the best in the legal sphere is universities of California and the Eastern Coast, as well as Boston.

• Pepperdine University (Malibu): high level of research (entrepreneurship and legal proceedings). There is an opportunity not only to finish profile courses (undergraduate, master's expense), but also to obtain a related specialty - offered areas of business administration, dispute resolution, state-municipal management.
• University of San Francisco (San Francisco): strong master's programs - "International Agreements", "Intellectual Property", "Technologies", "Comparative Law" (including for foreign students)
• Boston University (Boston): It is included in the top 30 of the best law schools of the country, the main programs - undergraduate (Juris Doctor (JD)) and the Master of Laws (LL.M). Key areas: American law, international law, intellectual property, health and legal proceedings.

Hello everybody!

This blog may be interesting for those who:

1. Works at the civil service or relevant to politics - I am absolutely sure that if at least 10% of the fact that I will write here will be used in Ukraine (in the field of administrative, constitutional, criminal, financial law, judicial, and so on ), Our country is taking forward and we can very quickly build a legal state.

2. Wants to organize his legal business in Ukraine - in London firms exist in centuries and here the largest legal business on the planet (the three largest legal firms on the planet are English firms) - therefore, those things that I will write here can be safely taken on Armament to all those who want to build the right legal business oriented to the long term.

3. Wants to work as a lawyer in England - I will write a lot about how it becomes a lawyer, what qualities it is necessary to possess how legal education is built here, etc.

4. It often works with English law firms - I will periodically write about the most important concepts of English law and especially cover those aspects that are unknown by Ukrainian law or radically different from it.

A few words about myself: I just started the Training Contract (Trainee Solicitor) in the English law firm "Linklaters LLP". Linklaters in 2008 became the largest law firm on the planet (http://amlawdaily.typepad.com/amlawdaily/2009/07/linklaters-results-.html). The phenomenal success of this company is especially interesting and I want to devote a separate post to this company (but not now). I already live 4 years in London and all this time I combined my studies and work. Before arrival in London, I worked at the state service and in a law firm in Ukraine.

The blog entries will be built in such a way that I will periodically write about those aspects that are especially important for a lawyer and legal business (commercial, ethical, career aspects and TP) and how it all happens in England. My first records will concern the general system of legal "infrastructure" in England, and only after later I will "strive" other facts and events that relate to English lawyers and to English law in general.

All records that I will do have a familiarity and give only basic information. I specifically lower many details to be easier and more interesting to read. If someone interests some kind of aspect, Google will always come to help.

So ... Recording 1

Who is a lawyer in England?

In England there are two types of lawyers - a solicitor and barrister (Solicitor and Barrister). Baristers is a lawyer who leads court cases, advocates the judge, prepares documents for the court, etc. After 1990 solisitors, after 1990, also received the right to act before the judge if they have a special certificate. At least a solister (with a certificate) and has the right to act before the judge, such solisitors are very small and the practice has developed in such a way that it still attracts the baristers to perform the judge (a solister cannot act in court above the High Court level - that is, solicitors are not Speakers in the Appeal (Court of Appeal) and the Supreme Court's Supreme Court.

In England (that is, not in Britain, namely in England) in 2008 there were 112.2 thousand solisitors and about 16.5 thousand baristers. From 1997 to 2008, the number of lawyers in England increased by more than 50%. In England, it is very easy to check whether a person is a solisitor or not - you just need to drive the person's data on this link - http://www.lawsociety.org.uk/choosingandusing/findasolicitor/view\u003dsolsearch.law

In the blog I will cover mainly the activities of the solicitor as it is precisely the solisitors are attracted in 90% of cases as legal advisers.

In order to become a solicitor, you need to have a legal education. This is either (1) bachelor's right in England (3 years) (LLB) or (2) bachelor of anything (you can not in England) plus a one-intensive course (called GDL - Graduate Diploma in Law). Since I have Ukrainian education, I went along the way "Ukrainian Bachelor" plus GDL.
Also additionally (regardless of whether a man has a bachelor's right in England or a bachelor plus GDL), you still need to go through the LPC commercial course (Legal Practice Course). That is, in my case it was an education in Ukraine plus GDL (year) and LPC (year). GDL and LPC cost about 8 and 12 thousand pounds, respectively.

In addition to legal education, it is also necessary to go through the practice of two years in 4 different departments for 6 months in each department or 4 months in 6 departments - in each company in different ways. Get education is relatively easy. What is really difficult to get this TRAINING CONTRACT- Competition today is about 20-40 people in good firms. In England, more than half a person with legal education will never work lawyers (not even start) Since the year of the company has a limited number of places for those who will pass along the TRAINING CONTRACT (number of training contracts several times less than the produced lawyers).

If you have become a solicitor, then you must pass the trainings all your life and receive a certificate every year, which costs a little more than $ 1,600 per year (however, if you are working on Jurfterhe, then the company covers these expenses). This contribution is an organization that regulates the activities of lawyers. If you do not have a certificate, but continue to provide services as a suspension, then this is a criminal offense.

I will make the next record about how lawyers are regulated in England - what they can do what they cannot, which rules operate in the market.

And now the same, but in Ukrainian - my good friend Svetlana made a translation of the first record in order to promote the Ukrainian language (thanks to Light !!!):

Private Usіm! Yakschko Vi Chet Tsi Rows, then Svirosh for all Vi-lawyer Abo want him ABO JI just tsіkuvitsy Tsіюu profession. Bastern іdeya Tsoy Blog - Tsa Bazhennya, they are pleased with their services of the head of the professional lawyer in the English І Zhivtya Lawyer here. I wondered on the Tsyuy Maiden's blog post_ykov Novih Knign, I am not losing the box to transfer the CI to the famous. Osskіlki I kvvalipikovynaya lawyer in Ukrainian (Tobto at me є svіdodtvo lawyer І є singing dosyd) і through two rocks I'm otrimati kvalіfіkatsіj a lawyer in English, Meni є Scho Rospevіsti, Blisі's identity that is the number of elders, in the number of the Russians, USA, Azії T. єС.

Tsei Blog Mozhe Zatzіkaviti quiet, hto:
1. Pratsyuє on the Derzhslugi Chi Maja Vіdizhnya to Polіtika - I am absolutely ourselves, Scho Yakschko wants 10% of that, Shah, I'm lying here, Workiestano Buda in Ukraine (in the spi .In.), then our destination is ahead, and the sink of Schwidko Zizduvati to the right state.
2. Want an organizuvati SVIY NEYNOGNIY BІZNES in Ukrainian - in Londoni Fіrmi asked the tables and here the Reloisaniya Nibіlshі bіznes on the planets on the planets - the TSA Anglіyski Fіrmi) - That Ti Rukhi, about Yaki, I am writing here, I can brother Ozbroynnya Vіm Tim, Hto want to recruit the correct legal activity of Bisnes, Orієntovaniya for the Dovgostrovokov.
3. If you want a lawyer in English - I will be a bugato written about those, Yak here, be a lawyer, Yaki Yakosti for the Tsoy Treka Mati, Yak here is bought by Legal Ovіta І T.In.
4. Often Pricauє with English lawsmiths - I will be per_iodically written about Nivazhlivіshi concepts of the concepts of the English law, but specifically picked up the aspects, Yaki N''domі Ukrainian Ru Yabi Kornnim Nіd Nyo-Vіdrize.

De_lka Slіv about myself: I cheekly rose the Trenіng contract (Trainee Solicitor) in the Anglia Solicitor (Treinee Solicitor) in the Angliaskiy LLP LINKLIGNIY FIRMI. Linklaters in 2008 Rotsі became Nab_lshu Rostnues on the planets (http://amlawdaily.typepad.com/amlawdaily/2009/07/linklaters-Results-.html). The phenomenal of the Usіkh Tsієї Kompanії є Independent Tsіkavim, I I want to gimptees the oar of the post CIA FIRMІ (ale is not prone). I live in London I also live in London and all the time in the robot in the robot. Before Prizhuyu in London, I am a bastard on the Derzhsluzhbі і in the legal entity in Ukrainian.

Records in Blis_ Fucked by such a rank, Scho I per_iodically writtle about the TI aspects, Yaki is particularly important for the lawyer of the law bіsnes (Comminsіinі, Etichnі, Kar'єrnі aspects of Tischo), і Yak Tset All Vіdbuvyuyu in English. My Pershi records to be disguised as a tanning system of legal entry "Intrastructuri" in English, and I will "Nanizuati" Intr. Facts I will "Nanizuyvati", Yaki Majut Vizysshnia to English lawyer і to angilіy law by Zaglom. Usi Recording, Yaki I will robiti, Majut is a meaningful character of І Purchase Lishe Basov Informazy. I'm missing a bagato of the details, the bone of Boulo Prostskosh і Tsіkavіsche read. Jacgshchiko coggling the caustion if the aspect, on the stop coming to come ґ.

No ... record 1

Hto such a lawyer in angilії?

In English є Two Tipi Lawyer - Solicitor and Barrister. Baristers - a lawyer, a cordial vedge of the vessel, I will definitely be defeated by judge, Gotuє Document for the court. Solisitor Pisl 1990 Rock Torozhe Removed the right of Vistaati to the judgment, they have a special sartifіkat. Wook Solisitizer (ІЗ sartifіkat) І Maє The right of Vistupati before the judgment, such Solisitorіv is a little shovel, I practice stuck with such a branch, Shaho for the severity before the judgment, still lick Baristers_V (Solisitor is not High Court in the judgment of the court In appelanty (Court of Appeal), the Supreme Court. In English (Tobto not in British, and SAME in English) in 2008 Rotsi Bulo 112.2 Tishych Solisitorіv І Bliszko 16.5 Tishyach Baristers_v. s 1997 to 2008 Kilkіt lawyer in English Zosla Bіlsh Yak by 50%.

In English, I am easy to power, є Lyuba Solisitor Chi NI - Treka Just enter Dani people per tsim villagers - http://www.lawsociety.org.uk/choosingandusing/findasolicitor/view\u003dsolsearch.law

Blis_ I will be Visservuvati headed by Dyalnіst Solisitor, Iskilki Same Solisitor_v lied from 90% Vipadkiv Yak Laughty Radnikіv.

In order, the cure is a Solisitor, Treba Mati Lawlessness. TSA ABO (1) Bachelor of Law in English (3 Rockies) - LLB), ABO (2) Bachelor of Khogo-Raynostino (Can not in English) Plus Single-sneezing Sudeniy Course (called GDL - Graduate Diploma in Law). Oskilki in Mene є Українська Юрочкая Олівіта, I was a stale of the "Ukrainian bachelor" plus GDL. Torzor Dodakovo (inexplicable VID, Chi recalled the Lyuba Lugen's Life in English Plus Plus GDL) Celebrately pass the Single Course LPC (Legal Practice Course). Tobto at Moєmu Vipadka is Tsevti in Ukraїnі plus GDL (RIK) І LPC (RIK). GDL І LPC Consight Blisko 8 і 12 Tashych pound_v Vіdpovyoud.

OKRIM LOVERSHOY OUTTITI POTTROBNO TAINING CONTRACT WITH YURFIRMІ (TRAINING CONTRACT) OWN FOOT ROKIVA in 4 rіzny departments of 6 mіsyatsіv at the Skin Department of ABO 4 mіsyatsі in 6 departments - at the skin of the skin. Ratish Oswet - the price is easily easily. From Scho Dіisno, Folding - Quietly, the TRAINING CONTRACT - Competitia in good Fіrmi on Syudvniya on 20-40 Cholovіk on Misce. In English, the Nikoli Nikoli is not aptive to the lawyer of the Nikoli, Nikoli's lawyers (Navіt і not honors) osskilki at Rіk Firmi Majut, Kilkіst Mіstsy for quiet, HTO TRAINING CONTRACT (Kilkіst Training Contracts at De_lka Mensha, Nіzh Vipusnikіv-lawyer).

Yakschkoi became Solisitor, then Vi Zobov'jazni All Life Pass Trenіngi І Skin Roca Refiruvati Sartifіkat, Cute Costu Trochi B_chi Yak 1600 Dol. At RIK (Schipravda, Jacshko, Prazyuєte on Jürfіrm, then Firma Crew by Tsi Vitrati). TSY EXCHANGE EXCHANGE ORGANIZATSIYY, SHO PLANTUє DYYALNIBER LEYUREV. Yakschko V is not Ma.The Sertifіkat, Alla FlavuyuTe Nadavati Vodigi Yak Solisitizer, CRMInally Karai Zlochain.

The onacculation of the MIY OF VISTAIN WEAD ABOUT THAT YAK CURRENT YOUR YOURSION IN ANGUL'YA - SHO VONY MOZE ROBITY, AND SHE I DON'T, YAKI RULES DIYUTIN RINK.