Report from the first day, Thursday, 13th May 2010:
There have been several speakers Spanish and British explaining the similitude and the differences between the Spanish-British legal system.
One of the most important item have been the explanations about the concept and differences between a Lawyer, a Solicitor and a Barrister, in UK:
Lawyer is anyone who could give legal advice. So, this term englobes Solicitors, Barristers, and legal executives.
Solicitor is a lawyer who gives legal advice and represent the clients in the courts. They deal with business matters, contracts, conveyance, wills, inheritance, etc. So, they work with any legal matter as well represent the clients in the Courts.
Solicitors in England and Wales are represented by the Law Society of England and Wales (from which TLACORP is member of its International Dpt.). Solicitors from Scotland, are represented by the Law Society of Scotland.
Barrister is a lawyer who is specialized in representing clients in the Courts. They have audience in all Courts.
In UK, Barristers are regulated by the Barrister’s Association of the same jurisdiction in which they are competent.
Usually, Barristers are called by the Solicitors, and are contracted by them, to give legal advice in the particular area in which they are specialist when the case is brought to Courts.
Normally, the Solicitor contacts directly with the client, and is contracted by him. He makse the preparatory work of the case, investigation, consultancy, etc. And, when the case demands a Courts case, if the Solicitor requires special advice, contracts the services of the Barrister. At this point, the Solicitor acts as attorney of the client, he represents the client. In instance, the barrister, acts as per instruction of the Solicitor.
Recently, in instance, new rules now in UK allow barrister to give legal advice and to contact directly with the clients.
USA legal system does not make distinction between Solicitor and Barristers, and they name both of them as “Lawyers”.