Solicitors

The expression “solicitor” first came into being towards the end of the sixteenth century. There were two types, of lawyers practicing in the High Courts: attorneys and barristers. In the eighteenth century attorneys were prevented from joining the Inns of Court. The attorneys in retaliation (l) formed the Society of Gentlemen Practisers in the Courts of Law Included in the membership of the Society was a growing of lawyers called solicitors. Solicitors were employed to solicit favourable decisions on behalf of litigants (2) bogged down (3) in the court process. The name “attorney” had acquired unpleasant connotations and went out of usage in England, in favour of the “gentler” term solicitor. The only relic of these former days is the Attorney-General, the Government’s chief law officer.

In England and Wales (Scotland has a different system) there are some 48.000 solicitors practising in about 11,000 different firms. There are a further 9,000 solicitors who are not practising but employed e.g. in government departments or industry). Almost 50 per cent of all new solicitors are women. Solicitors are controlled by law (the Solicitors Act 1974) and governed by the Law Society, which decides on standards of conduct. The Law Society issues rules covering the keeping of accounts, publicity, insurance, disciplinary procedures etc.

All practising solicitors must have a valid practising certificate. Before this is issued the Law Society requires an accountant’s certificate (to confirm that client’s money is being properly handled (4) and proof that the solicitor is insured. The Law Society may impose restrictions in a practising certificate.

Solicitors, unlike barristers, practise in partnerships. This means that solicitors are personally liable to their clients if they are negligent. The next few years may, however, see solicitors practising through corporate bodies (such as limited companies). In November 1991 regulations were passed enabling (5) the Lord Chancellor to bring in procedures to permit this development. All solicitors are insured, but if their insurance cover is insufficient, they must at present personally make up the shortfall.

A popular definition of the distinction between solicitors and barristers is that barristers do the court work and solicitors do the office work. In practice the major volume of court work is done by solicitors and barristers do much ‘office’ work. At present no solicitor, however experienced, may represent a client at a full hearing in any of the higher courts. On the other hand, a barrister, however inexperienced, may represent clients in the House of Lords. Under the Courts and Legal Services Act 1990 provision (6) is made to enable solicitors (and others) to represent clients in all the higher courts. These proposals have not yet been brought into force.

Another way of putting the distinction between the two branches of the profession is to describe solicitors as the general practitioners of the legal profession – though even this will not remain true for long. More and more solicitors are becoming specialists. It is the solicitors who have the first and direct contact with their clients. Barristers are brought in as and when they are needed – by solicitors.

It is not always popular to talk of the distinction between professional and commercial occupations. It smacks of snobbery (on the part of the ‘professionals’). None the Less, being a solicitor does not simply involve acquiring a knowledge of the theory and practice of the law. It also requires high standards of conduct and an onerous (7) obligation to the courts. The full title of a solicitor is ‘Solicitor of the Supreme Court’. All solicitors are automatically officers of the court. They have duties to the court which sometimes override the duties to their clients. For instance, solicitors must not knowingly allow their client to tell lies in the witness box. If a client confesses (8) their guilt to a solicitor, the solicitor would be committing an offence if he or she then called the client to give evidence that they were innocent.

Notes:

1. retaliation – воздаяние, возмездие, кара, отплата, расплата; 2. litigant – сторона (в судебном процессе); 3. bogged down – увязнуть, запутаться, встречаться с трудностями; 4. handle – управлять, заведовать; контролировать; командовать; 5. enable – давать возможность или право что-л. сделать; 6. provision – положение; 7. onerous – обременительный; затруднительный, трудный, тягостный, тяжкий; 8. confess – (юр.) признаваться (в совершении преступления).