PRESENTATION OUTLINE
FUSION
ie: barristers & solicitors merge into one profession
FUSE
- To ensure efficiency
- Reduce costs
- Ensure uniformity of training
There's been a major debate as of whether to merge 2 professions or not .
However, 3 major changes has been brought about as an improvement in legal profession .
3 MAJOR CHANGES
- Legal services act 2007
- Direct access
- Right of Advocacy
- &certificate of advocacy
Legal services act 2007 sets up
1- Legal services board
@@to enforce high standards in legal sectors
@@ replacing various diff regulators with overlapping powers
2- an office for legal complaints
@@to handle complaints
@@restore consumer confidence
3. Enabling legal services to be provided under new business structure(ie: Alternative Business Structure)
Direct Access
-initially-
Solicitor---$---> Barrister
@unnecessary expenses for clients
-finally-
The Bar started a system:
Bar Direct
@allow certain professionals to brief barristers directly without using solicitor.
@sept2004, direct access was granted for civil cases ONLY
Rights of Advocacy and certificate of advocacy
-initially -
All solicitors allow to advocate in inferior cts. But their right of audience in higher cts are limited.
-Courts and Legal Services Act 1990 -
Granted solicitors the right to apply for Certificate of Advocacy , so that he can appear in higher cts.
CERTIFICATE WILL BE GRANTED IF
- Solicitor have experience of advocacy in Mag ct
- Taken short training course (1year)
- Passed examination on rules of evidence
- **Access to Justice Act 1999**
- ***granted this right to all solicitors***
Advantages of fusing
1- Reduced costs
(1 lawyer)
2- less duplication of work
3- more continuity
Disadvantages of fusing
1- decrease In specialist skills of advocacy
2- loss of second opinion in a case