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25
unanimous verdict, the judge may direct it to bring in a majority verdict
provided that, in the normal jury of 12 people, there are not more than
two dissentients. In Scotland, where the jury consists of 15 people, the
verdict may be reached by a simple majority, but as a general rule, no
person may be convicted without corroborated evidence. If the jury re-
turns a verdict of “not guilty”, the prosecution has no right of appeal
and the defendant cannot be tried again for the same offence. In the
event of a “guilty” verdict, the defendant has a right of appeal to the
appropriate court.
A jury is completely independent of the judiciary. Any attempt to
interfere with a jury once it is sworn in is punishable under the Con-
tempt of Court Act 1981.
People between the ages of 18 and 65 whose names appear on the
electoral register, with certain exceptions, are liable for jury service and
their names are chosen at random. Ineligible persons include the judici-
ary, priests, people who have within the previous ten years been mem-
bers of the legal profession, the Lord Chancellor's Department, or the
police, prison and probation services, and certain sufferers from mental
illness.
Legal professions
The legal profession is one of the most prestigious and well-paid
in Britain. England is almost unique in having two different kinds of
lawyers, with separate jobs in the legal system. There are two main
branches, those of solicitors and barristers. Of these, barristers form the
senior branch of the legal profession. This division of the legal profes-
sion is due mainly to historical causes. Each branch has its own charac-
teristic functions and a separate governing body. This system has been
criticised in recent years because of the resulting duplication of ser-
vices, delay in the legal process and its expense. The Conservative gov-
ernment legislated for substantial changes in the legal profession and in
the legal services generally, which are intended to benefit consumers.
Solicitors
There are nearly 71,640 solicitors (1999), who practise mainly in
private firms, but also in local and central government, in legal centres,
and in industry. They are a more recent development than barristers,
and are now mainly organised by their professional body, the Law So-
26
ciety. The solicitors' branch is still a middle-class profession, but it is
increasingly attracting members from a relatively wide spectrum of so-
ciety.
In order to become a solicitor, it is now generally necessary to
have a university degree, preferably but not essentially in law. After
passing additional professional examinations organised by the Law So-
ciety; the student will serve a practical apprenticeship (articles) with an
established solicitor for some two years. After the total period of about
six years' education and training, the new solicitor can practise law.
A lot of work in English solicitors' firms is undertaken by manag-
ing clerks, now called 'legal executives', who are a third type of law-
yers. Legal executives now have their own professional and examining
body – 'the Institute of Legal Executives'
.
Solicitors deal with general legal work, though specialisation in
one area of the law is now widespread. Their firms (or partnerships of
solicitors) offer a wide range of services, such as conveyancing (the
buying and selling of property); probate (wills and succession after
death); family matters; criminal and civil litigation; commercial cases;
and tax and financial affairs.
Although people are free to conduct their own cases if they wish
so, the client with a legal problem will normally first approach a solici-
tor, who can usually deal with all aspects of the case. The solicitor in
the past was only able to appear for his client in the lower courts
(county and magistrates' courts). Because he could not appear (had no
rights of audience) in the higher courts, it is usual for a solicitor to hire
a barrister if the case was to be heard in a superior court. This practice,
which was criticised as expensive and inefficient, is now being changed
to allow qualified solicitor-advocates to have rights of audience in the
higher courts.
Barristers
The senior branch of the legal profession in England, Wales and
Northern Ireland is a barrister. There are over 9,000 barristers, who
have the right to fight a case in the higher courts (Crown courts and the
High Courts) in England and Wales. Barristers belong to the Bar, which
is an ancient legal institution and which is now controlled by the Bar
Council. There are also the four legal societies or Inns of Court in Lon-
don, they are Gray's Inn, Lincoln's Inn, Middle Temple and the Inner
unanimous verdict, the judge may direct it to bring in a majority verdict ciety. The solicitors' branch is still a middle-class profession, but it is
provided that, in the normal jury of 12 people, there are not more than increasingly attracting members from a relatively wide spectrum of so-
two dissentients. In Scotland, where the jury consists of 15 people, the ciety.
verdict may be reached by a simple majority, but as a general rule, no In order to become a solicitor, it is now generally necessary to
person may be convicted without corroborated evidence. If the jury re- have a university degree, preferably but not essentially in law. After
turns a verdict of “not guilty”, the prosecution has no right of appeal passing additional professional examinations organised by the Law So-
and the defendant cannot be tried again for the same offence. In the ciety; the student will serve a practical apprenticeship (articles) with an
event of a “guilty” verdict, the defendant has a right of appeal to the established solicitor for some two years. After the total period of about
appropriate court. six years' education and training, the new solicitor can practise law.
A jury is completely independent of the judiciary. Any attempt to A lot of work in English solicitors' firms is undertaken by manag-
interfere with a jury once it is sworn in is punishable under the Con- ing clerks, now called 'legal executives', who are a third type of law-
tempt of Court Act 1981. yers. Legal executives now have their own professional and examining
People between the ages of 18 and 65 whose names appear on the body – 'the Institute of Legal Executives'.
electoral register, with certain exceptions, are liable for jury service and Solicitors deal with general legal work, though specialisation in
their names are chosen at random. Ineligible persons include the judici- one area of the law is now widespread. Their firms (or partnerships of
ary, priests, people who have within the previous ten years been mem- solicitors) offer a wide range of services, such as conveyancing (the
bers of the legal profession, the Lord Chancellor's Department, or the buying and selling of property); probate (wills and succession after
police, prison and probation services, and certain sufferers from mental death); family matters; criminal and civil litigation; commercial cases;
illness. and tax and financial affairs.
Although people are free to conduct their own cases if they wish
Legal professions so, the client with a legal problem will normally first approach a solici-
tor, who can usually deal with all aspects of the case. The solicitor in
The legal profession is one of the most prestigious and well-paid
the past was only able to appear for his client in the lower courts
in Britain. England is almost unique in having two different kinds of
(county and magistrates' courts). Because he could not appear (had no
lawyers, with separate jobs in the legal system. There are two main
rights of audience) in the higher courts, it is usual for a solicitor to hire
branches, those of solicitors and barristers. Of these, barristers form the
a barrister if the case was to be heard in a superior court. This practice,
senior branch of the legal profession. This division of the legal profes-
which was criticised as expensive and inefficient, is now being changed
sion is due mainly to historical causes. Each branch has its own charac-
to allow qualified solicitor-advocates to have rights of audience in the
teristic functions and a separate governing body. This system has been
higher courts.
criticised in recent years because of the resulting duplication of ser-
Barristers
vices, delay in the legal process and its expense. The Conservative gov-
The senior branch of the legal profession in England, Wales and
ernment legislated for substantial changes in the legal profession and in
Northern Ireland is a barrister. There are over 9,000 barristers, who
the legal services generally, which are intended to benefit consumers.
have the right to fight a case in the higher courts (Crown courts and the
Solicitors
High Courts) in England and Wales. Barristers belong to the Bar, which
There are nearly 71,640 solicitors (1999), who practise mainly in
is an ancient legal institution and which is now controlled by the Bar
private firms, but also in local and central government, in legal centres,
Council. There are also the four legal societies or Inns of Court in Lon-
and in industry. They are a more recent development than barristers,
don, they are Gray's Inn, Lincoln's Inn, Middle Temple and the Inner
and are now mainly organised by their professional body, the Law So-
25 26
