Law Systems

I've been curious about the difference between the US and Commonwealth legal systems for a long time (willing to bet most Americans don't know what a Barrister is...), but it's funny that it's taken me until now to make the three clicks on the internet to look it up.

I spent some time playing around on the web for definitions the other day and thought I would share in case this is new to anyone else or you are interested:

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First, let's just explain what I mean when I say the British/Commonwealth system.

England and commonwealth countries employ a split professional in relation to legal representation. In England, a lawyer is defined as someone who has studied law, but then they further distinguish between a barrister and a solicitor. A barriester is basically a lawyer who defends others in court. They become involved in a case once advocacy before a court is needed whereas a solicitor is a lawyer who has more direct contact with the client. Apparently the biggest distinction is that the solicitor is an attorney, meaning they have "power of attorney" and can act in place of their client for legal purposes. While the barrister speaks on the client's behalf in court, they only do so when instructed by a solicitor.

In the United States, we do not distinguish between barristers and solicitors. Attorneys are permitted to conduct all aspects of litigation and appear before those courts where they have been admitted to the bar.

I also found it interesting that anyone can just enroll in law school in most commonwealth countries, but you must then pass exams after your first year to keep the right to remain a student in the program. In America, conversely, law is a graduate degree (JD, post bachelor) and just getting in is one of the hardest parts.

In order to apply to an American law school, you are required to submit grade transcripts, several letters of recommendation, take a large standardized test called the Law School Admission Test, write a personal statement and pay an application fee (usually around $70/school). This doesn't include all the fees associated with taking the tests and registering for the Law School Admissions Council (LSAC), etc, which is also required to even be considered.

I think I like the Commonwealth system, where you are at least given the chance to prove yourself as a student of the law, but at least in American, once you're in, you're in. The 1L (your first - and most grueling - out of three years) is meant to be the "weeding-out process" - those that can't handle law school know after this year and drop out.

As I understand it, the Commonwealth system also required lawyers to undergo a residency period, almost like an internship, after graduating from law school. In America, once you finish law school and pass the bar, you're a lawyer. At least in whatever state you took the bar in :-P I don't believe you should go to law school if you don't want to practice, but law is considered a very versitile degree and profession in America.

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Anyways, that's about it but some guy on a Google Answers thread I was going through actually paid a legal hotline for "expert" advice on the same topic, so here is some additional insight into the Commonwealth system (sorry - didn't save the link on the original post):

The English legal profession (and that of a number of Commonwealth
countries whose legal system derives directly from the English one)
has two categories of qualified lawyer: barristers and solicitors.

A solicitor is entitled to represent a client in the County (Civil)
Courts and in Magistrates' Court (a lower court in the English court
system). They are also the main legal representation for the majority
of people and companies in England and Wales: if you were buying or
selling a house you would engage a solicitor to carry out the
necessary legal niceties; a solicitor could assist and advise in
will-making; and they may also initiate private prosecutions or assist
clients against either public or private prosecutions.

A barrister is a legal professional who is qualified to represent
clients in Crown Court or the Higher Courts -- they can be considered
roughly analagous to American "advocacy lawyers". Much of their
training and abilities will lie in the courtroom skills of
cross-examination and rapid thinking. Regardless of whether they
represent the prosecution or the defence, a barrister never deals
directly with his or her clients -- instead they will be briefed on
the facts of the case by the client's solicitor, although they are
free to allow the courtroom proceedings to carry on as they see fit.

The reason for this split between courtroom advocates and other
lawyers is (as with most things in the UK legal systems) to do with
the unique history of England and Great Britain. The origins date way
back to the feudal Norman French system introduced from the 11th
Century.

The academic and training route to each of these two main branches of
law differs, as do the professional bodies that oversee them. To
become a solicitor a law graduate must first study a Legal Practice
Course and then spend two years in practice working as a trainee (this
used to be called "taking articles"). The professional body that
regulates these courses is the Law Society. To become a barrister the
route after graduation is to follow a Bar Vocational Course followed
by a Pupillage in a firm of barristers (known as Barristers'
Chambers), and this side of the profession is controlled by the Bar
Council. The systems are constantly under review and reform, and there
are certain moves currently underfoot which would somewhat blur the
distinction between these two groups of legal professionals.

To summarise: in England and Wales the term "lawyer" is a catch-all
meaning simply "one who is qualified in the legal profession"
(although it would rarely, if ever, be applied to judges or
magistrates). Both barristers and solicitors could call themselves
lawyers; however the two professions have very different skills and
jurisdictions.

Obviously this is only a very brief introduction to what is a very
detailed subject. There is a wealth of information on the web if a
more in-depth discussion is required.


Here are some further useful links that were recommended:

The British Council's brief guide to the UK legal systems (useful for
prospective students):
http://www.britishcouncil.org/governance/jusrig/uklaw/routes/

An introduction to the English legal system for non-lawyers and
international visitors:
http://www.niknicol.co.uk/English/english.html

UK Legal, a useful site for all kinds of information about the UK's
criminal justice systems:
http://www.uklegal.com/uklegal.htm

The Law Society of England and Wales
http://www.lawsoc.org.uk/

The Bar Council
http://www.barcouncil.org.uk/