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Solicitor
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings. In the jurisdictions of England and Wales and in Northern Ireland, in the Australian states of New South Wales, Victoria, and Queensland, Hong Kong, South Africa (where they are called '' attorneys'') and the Republic of Ireland, the legal profession is split between solicitors and barristers (called ''advocates'' in some countries, for example Scotlan ...
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Barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and giving expert legal opinions. Barristers are distinguished from both solicitors and chartered legal executives, who have more direct access to clients, and may do transactional legal work. It is mainly barristers who are appointed as judges, and they are rarely hired by clients directly. In some legal systems, including those of Scotland, South Africa, Scandinavia, Pakistan, India, Bangladesh, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man, the word ''barrister'' is also regarded as an honorific title. In a few jurisdictions, barristers are usually forbidden from "conducting" litigation, and can only act on the instructions of a solicitor, and increasingly - chartered legal executives, who perform tasks such as cor ...
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Admission To Practice Law
An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are distinct practising certificates. Becoming a lawyer is a widely varied process around the world. Common to all jurisdictions are requirements of age and competence; some jurisdictions also require documentation of citizenship or immigration status. However, the most varied requirements are those surrounding the preparation for the license, whether it includes obtaining a law degree, passing an exam, or serving in an apprenticeship. In English, admission is also called a law license. Basic requirements vary from country to country, as described below. In some jurisdictions, after admission the lawyer needs to maintain a current practising certificate to be permitted to offer services to the public. Africa The African Union comprises all 55 co ...
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Legal Practitioner
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, legal executive, or public servant — with each role having different functions and privileges. Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in advancing the interests of the law and legal profession. Terminology Different legal jurisdictions have different requirements in the determination of who is recognized as being a lawyer. As a result, the meaning of the term "lawyer" may vary from place to place. Some jurisdictions have two types of lawyers, barrister and solicitors, while others fuse the two. A barrister (also known as an advocate or counselor in some jurisdictions) is a lawyer who typically specializes i ...
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Advocate
An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, in Scottish, Manx, South African, Italian, French, Spanish, Portuguese, Scandinavian, Polish, Israeli, South Asian and South American jurisdictions, "Advocate" indicates a lawyer of superior classification. "Advocate" is in some languages an honorific for lawyers, such as " Adv. Sir Alberico Gentili". "Advocate" also has the everyday meaning of speaking out to help someone else, such as patient advocacy or the support expected from an elected politician; this article does not cover those senses. Europe United Kingdom and Crown dependencies England and Wales In England and Wales, Advocates and proctors practiced civil law in the Admiralty Courts and also, but in England only, in the ecclesiastical courts of the Church of Engla ...
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Call To The Bar
The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to the bar". "The bar" is now used as a collective noun for barristers, but literally referred to the wooden barrier in old courtrooms, which separated the often crowded public area at the rear from the space near the judges reserved for those having business with the court. Barristers would sit or stand immediately behind it, facing the judge, and could use it as a table for their briefs. Like many other common law terms, the term originated in England in the Middle Ages, and the ''call to the bar'' refers to the summons issued to one found fit to speak at the "bar" of the royal courts. In time, English judges allowed only legally qualified men to address them on the law and later delegated the qualification and admission of barriste ...
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Practising Certificate
A practising certificate is a licence to practise a particular profession. In the legal profession, solicitors and barristers may need a current practising certificate before they can offer their services. The authority that administers the practising certificate varies by jurisdiction. Practising certificates for lawyers by jurisdiction Australia In Australia, the authority that issues the practising certificate depends on whether the lawyer is a barrister or solicitor (or in jurisdictions where these roles are fused, both) and the state or territory in which they are practising. In Queensland for example, solicitors' practising certificates are issued by the Queensland Law Society, which also functions as a representative body for solicitors. In the case of barristers, the Queensland Bar Association issues practising certificates. Fiji The Fiji Law Society issued practising certificates until 2009, when the government of Frank Bainimarama banned it from doing so. Lawyers' ...
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Solicitors Act 1974
The Solicitors Act 1974 (c 47) is an Act of the Parliament of the United Kingdom governing the regulation and responsibilities of practicing solicitors, and the firms for whom they work, as well as stipulating under what circumstances one can practise as a solicitor. It also sets out the powers used by the solicitors governing body, the Solicitors Regulation Authority. The Act reserves certain activities for solicitors. Broadly, these include: * Preparing and lodging certain documents concerning the conveyance or charging of land; Since repealed. * Certain probate functions * Undertaking litigation in open court See also *Solicitors Act Solicitors Act (with its variations) is a stock short title used in the United Kingdom for legislation relating to solicitors. List *The Revenue Solicitors Act 1828 ( 9 Geo. 4. c. 25) *The Treasury Solicitor Act 1876 ( 39 & 40 Vict. c. 18) *T ... External links * United Kingdom Acts of Parliament 1974 Solicitors {{UK-statute-stu ...
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Scots Law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions. Although there was some indirect Roma ...
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Fused Profession
Fused profession is a term relating to jurisdictions where the legal profession is not divided between barristers and solicitors. Generally, the term is used in the context of Commonwealth countries, where the single profession of barrister and solicitor" is provided by statute. In some jurisdictions (e.g., New South Wales, Queensland in Australia), there is a distinction between barristers and solicitors; legal practitioners must practise as either one or the other, and are members either of the local bar or law society. In other jurisdictions (e.g., Malaysia, Singapore, the nine common law provinces of Canada, Tasmania, Victoria, South Australia and Western Australia), there is no formal distinction but legal practitioners nonetheless practise as either one or the other. The legal profession in the United States is fused; however, an individual licensed to practise law is often formally referred to as an "Attorney and Counselor at Law", a reference back to the days of the spli ...
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Legal Profession
Legal profession is a profession in which legal professionals study, develop and apply law. Usually, there is a requirement for someone choosing a career in law to first obtain a law degree or some other form of legal education. It is difficult to generalize about the structure of the profession, because * there are two major legal systems, and even within them, there are different arrangements in jurisdictions, and * terminology varies greatly. While in civil law countries there are usually distinct clearly defined career paths in law, such as judge, in common law jurisdictions there tends to be one legal profession, and it is not uncommon, for instance, that a requirement for a judge is several years of practising law privately. Judge Historically, this has been the first legal specialization. In civil law countries, this is often a lifelong career. In common law legal system, on the other hand, judges are recruited from practising lawyers. Lawyer, advocate, attorney ...
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Attorneys In South Africa
In South Africa, there are two main branches of legal practitioner: attorneys, who do legal work of all kinds, and advocates, who are specialists litigators. Attorneys may form professional firms and practice in partnerships, ranging in size to the "Big Five" law firms. The profession is regulated by the ''Attorneys Act, 1979 (Act No. 53 of 1979)''. See: Advocates in South Africa. There are currently around 21400 attorneys and 5000 candidate attorneys in South Africa, each of which are represented by the LSSA (Law Society of South Africa) Training For admission as an attorney, the academic qualification required is an LLB from a South African university; see and Legal education in South Africa. (Historically, the B.Proc. degree was also offered.) One then serves "articles" as a candidate attorney with a practicing attorney for a period specified according to the qualification of the candidate (generally two years if an appropriate legal degree has been obtained); the lengt ...
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Senior Courts Of England And Wales
The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales. The United Kingdom does not have a single unified legal system—England and Wales has one system, Scotland another, and Northern Ireland a third. There are exceptions to this rule; for example in immigration law, the Asylum and Immigration Tribunal's jurisdiction covers the whole of the United Kingdom, while in employment law there is a single system of employment tribunals for England, Wales, and Scotland but not Northern Ireland. Additionally, the Military Court Service has jurisdiction over all members of the armed forces of the United Kingdom in relation to offences against military law. The Court of Appeal, the High Court, the Crown Court, the County Court, and the magistrates' courts are administered by His Majesty's Courts and Tribunals Service, an executive a ...
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