A solicitor is a type of lawyer in many common law jurisdictions, such as the United Kingdom, Hong Kong, Republic of Ireland, Australia, New Zealand and Canada; it is also a title used by government attorneys in some government agencies in the United States. A lawyer, according to Black's Law Dictionary, is "a person learned in the law as an attorney, Counsel or Solicitor; a person Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located Hong Kong ( officially the Hong Kong Special Administrative Region, is a territory located on China 's south coast on the Pearl River Delta, and borders Ireland ( Irish: Éire, ˈeːrʲə is a country in north-western Europe. For a topic outline on this subject see List of basic Australia topics. New Zealand is an Island country in the south-western Pacific Ocean comprising two main landmasses (the North Island and the South Island Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page The United States of America —commonly referred to as the In some common law countries the legal profession is split between solicitors who represent and advise clients, and a barrister who is retained by a solicitor to advocate in a legal hearing or to render a legal opinion. A lawyer, according to Black's Law Dictionary, is "a person learned in the law as an attorney, Counsel or Solicitor; a person A barrister is a Lawyer found in many Common law Jurisdictions that employ a split profession (as opposed to a Fused profession) in relation There is no such split in Canada, some Australian jurisdictions, New Zealand, and the United States.

In some Australian states and in Canada the legal profession is "fused", which means that a lawyer can simultaneously be a solicitor, barrister, and proctor. Fused profession is a term relating to jurisdictions where the Legal profession is not divided between Barristers and Solicitors. Proctor, an English variant of the word procurator, is a person who takes charge of or acts for another Where the legal profession is not "fused" in cases where a trial is necessary a client must retain a solicitor, who will advise him or her and then may deliver a brief to a barrister to act on the solicitor's instructions. Fused profession is a term relating to jurisdictions where the Legal profession is not divided between Barristers and Solicitors.

The United States never had a divided legal profession and had no need to fuse anything; outside government agencies the term "solicitor" is merely "one who solicits", not a legal professional.

Contents 1 England and Wales 1.1 Regulation 1.2 Training and qualifications 1.3 Recent developments 2 Scotland 3 Republic of Ireland 4 Australia 5 Canada 6 United States 6.1 Government usage 6.2 Non-government usage 7 See also 8 External links 9 Footnotes

England and Wales

Before the unification of the Supreme Court in 1873, solicitors practised in the courts of chancery, while attorneys and proctors practised in the common law and ecclesiastical courts respectively. Her Majesty's Courts of Justice of England and Wales are the civil and criminal Courts responsible for the administration of Justice in England Year 1873 ( MDCCCLXXIII) was a Common year starting on Wednesday (link will display the full calendar of the Gregorian calendar (or a Common A chancery court, Equity court or court of equity is a court that is authorized to apply principles of equity (as opposed to law to cases brought An attorney at law (or attorney-at-law) in the United States is a practitioner in a court of law who is legally qualified to prosecute Proctor, an English variant of the word procurator, is a person who takes charge of or acts for another Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive An ecclesiastical court (also called "Court Christian" or "Court Spiritual" is any of certain Courts having Jurisdiction mainly in spiritual or

In the English legal system solicitors have traditionally dealt with any legal matter apart from conducting proceedings in courts (advocacy), except minor criminal cases tried in Magistrates' Courts and small value civil cases tried in county courts, which are almost always handled by solicitors. Advocacy Advocacy is the pursuit of influencing outcomes –including public-policy and resource allocation decisions within political economic and social systems A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and The other branch of the English legal profession, a barrister, has traditionally carried out the advocacy functions. A barrister is a Lawyer found in many Common law Jurisdictions that employ a split profession (as opposed to a Fused profession) in relation Barristers would not deal with the public direct. This is no longer the case, as solicitor advocates may act at certain higher levels of court, which were previously barred to them. Solicitor Advocate is the title used by a Solicitor who is qualified to represent clients as an Advocate in the higher courts in England and Wales or in Similarly, the public may now engage a barrister directly and without the need for a solicitor in certain circumstances. ^[1]

Regulation

Solicitors in England and Wales are regulated by the Solicitors Regulation Authority, an independently administered branch of the Law Society of England and Wales and, in order to become a solicitor, must have passed the Academic and Vocational stages of training. History The Roman occupation of Britain was the first period in which the area of present-day England and Wales was administered as a single unit (with the exception The Solicitors Regulation Authority was launched on 29 January 2007. A Law Society in current and former Commonwealth jurisdictions is an association of solicitors (effectively the trade organisation for solicitors which has a regulatory role

Moreover, solicitors must pay the Law Society of England and Wales a practising fee each year in order to keep practising. To all the Lawyers of the USA and Canada I hope you can devise a means to encourage ALL 72000 Lawyers in the USA to help pursue the Sophonpanich Heroin Cartel who set up Macdonalds and placed Ronald If they do not do this they are 'non-practising' and may not give legal advice to the public (although they can start practising again at will, unlike those who have been struck off the roll). Struck off means "to be removed" usually from a position of power or responsibility or stature

Training and qualifications

The most common methods of qualification are a normal undergraduate law degree, or a degree in any subject followed by a one year course formerly called the Common Professional Exam and recently renamed the Post-Graduate Diploma in Law (PgDip Law). Other routes, for example, spending time as a clerk to magistrates, or passing exams set by the Institute of Legal Executives (ILEX) are possible. The Institute of Legal Executives ( ILEX) is a Professional body in England and Wales to which all Legal executives must belong as well as Up to this point a barrister and solicitor have the same education. A barrister is a Lawyer found in many Common law Jurisdictions that employ a split profession (as opposed to a Fused profession) in relation

Thereafter they split. Solicitors study a one year course called the Legal Practice Course and then must undertake two years apprenticeship with a solicitor, called the training contract (but still widely referred to as 'articles' as in 'articled clerk' by older members of the profession). The Legal Practice Course (LPC is the vocational stage for becoming a Solicitor in England and Wales. A training contract is a compulsory period of practical training in a Law firm for law graduates before they can qualify as a Solicitor in the An articled clerk is an Apprentice in a professional firm in Commonwealth countries Once that is complete, the student becomes a solicitor and is 'admitted to the roll'. The 'roll' is a list of people qualified to be a solicitor and is kept on behalf of the 'Master of the Rolls' whose more important job is that he is the head of the Court of Appeal of England and Wales. The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the third most senior judge of England and The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Appellate Committee of the House of Lords above Solicitors who are being disciplined by the Law Society can be suspended from the roll under Section 12 of the Solicitors Act 1974 or even struck off, which prevents them acting as a solicitor. The Solicitors Act 1974 is the Act of parliament in the United Kingdom governing the regulation and responsibilities of practicing of Solicitors as well as the companies

A small proportion of solicitors in England and Wales are licenced by the Archbishop of Canterbury (originally on behalf of the Pope) after further study and examination to practice as Notaries Public. A notary public is an officer who can administer Oaths and Statutory Declarations Witness and authenticate documents An alternative route to this work, in and around the City of London, is through the Worshipful Company of Scriveners. The Worshipful Company of Scriveners of the City of London is one of the Livery Companies of the City of London.

Recent developments

In England and Wales, the strict separation between the duties of solicitor and barrister has been partially broken down and solicitors frequently appear not only in the lower courts but (subject to passing a test) increasingly in the higher courts too (such as the High Court of Justice of England and Wales and the Court of Appeal). History The Roman occupation of Britain was the first period in which the area of present-day England and Wales was administered as a single unit (with the exception For the Cameroonian court by this name see High Court of Justice (Cameroon, for the Israeli court of this name see Supreme Court of Israel. The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Appellate Committee of the House of Lords above Firms of solicitors now employ their own barristers and solicitor-advocates to do the work, taking it away from the private groups 'sets' or 'chambers' of barristers who formerly did the work. Barristers in turn can now be directly instructed by certain organisations such as trade unions, accountants and similar groups. Additionally barristers who have completed the Bar Council's 'Public Access' course can take instructions directly from members of the public, although there are some limitations on the type of work that can be done this way: for example they cannot take control of the conduct of litigation nor can they act in matrimonial matters. Where such limitations occur the barrister should advise the persons to see a solicitor.

This breakdown is expected to go further in the next few years, with Legal Disciplinary Practices and Alternate Business Structures appearing. There have been numerous claims recently that solicitors are increasingly taking advantage of increased rights of audience, and this is being reflected in practice with the amount of work being made available to barristers (particularly criminal specialists) dwindling.

Regulation of both barristers and solicitors is being reviewed by David Clementi on behalf of the Ministry of Justice. Sir David Cecil Clementi, born February 25, 1949, is Chairman of Prudential plc, one of Britain's largest insurance companies His final recommendations are expected to include a more unified regulatory system and new structures for cross-profession work.

Traditionally, firms of solicitors can only be owned by solicitors. The government is considering allowing anyone to be able to have a share in the ownership and control of a law firm. This has led to fears that the professional duty of confidentiality a solicitor owes to their client will be threatened. The fear is that a solicitor will be required to share confidential information with the organisations and individuals who acquire control of their firm even though those organisations and individuals will not be bound by the professional duty of confidentiality and may use their knowledge of the client's confidential affairs to their own advantage. In Common law jurisdictions the duty of confidentiality obliges a Solicitor to respect the confidentiality of his or her client's affairs This is often referred to as "Tesco law", as legal services would be offered directly to the public by solicitors owned and controlled by non-solicitors, and it is companies such as the major UK supermarkets (the foremost in this area being Tesco itself) that have expressed a particular interest in owning solicitors to complement their moves into the already deregulated financial services markets. Tesco plc is a British -based international grocery and general merchandising retail chain

Scotland

Scotland's legal system is separate from those of England and Wales and Northern Ireland. Scotland ( Gaelic: Alba) is a Country in northwest Europethat occupies the northern third of the island of Great Britain. Scots law is a unique legal system with an ancient basis in Roman law. History The Roman occupation of Britain was the first period in which the area of present-day England and Wales was administered as a single unit (with the exception Northern Ireland (Tuaisceart Éireann Ulster Scots: Norlin Airlann) is a Country within the United Kingdom, lying in the northeast of In Scotland the legal profession is divided between solicitors and advocates, the distinction being similar to that between solicitors and barristers in England and Wales, though Scottish solicitors have traditionally represented their clients in the lower courts (such as the Sheriff Court and the District Court), only being excluded from the High Court of Justiciary and the Court of Session (unless they qualify as solicitor advocates). An advocate is one who speaks on behalf of another person especially in a legal context A barrister is a Lawyer found in many Common law Jurisdictions that employ a split profession (as opposed to a Fused profession) in relation History The Roman occupation of Britain was the first period in which the area of present-day England and Wales was administered as a single unit (with the exception Sheriff courts provide the local Court service in Scotland, with each court serving a sheriff court district within a Sheriffdom. District courts are a category of Courts which exists in several nations The High Court of Justiciary is the supreme criminal court of Scotland. The Court of Session is the supreme civil court of Scotland. It is both a Court of first instance and a court of Appeal and sits exclusively Solicitor Advocate is the title used by a Solicitor who is qualified to represent clients as an Advocate in the higher courts in England and Wales or in Under section 24 of the Law Reform (Miscellaneous Provisions) Scotland Act 1990 suitably qualified solicitors were for the first time in Scotland granted rights of audience in the Supreme Courts in Scotland as well as in the House of Lords and the Judicial Committee of the Privy Council.

In Scotland, Solicitors are regulated by the Law Society of Scotland, who require prospective solicitors to pass exams in a curriculum set by the Society. The Law Society of Scotland is the Professional governing body for Scottish Solicitors based in Edinburgh. Ordinarily this is done by obtaining an LLB in Scots law at a university approved by the Society, though it is also possible to sit the Society's own exams. The Bachelor of Laws (abbreviated LLB, LLB or rarely LlB) is an undergraduate or bachelor degree in law offered in most Common law Scots law is a unique legal system with an ancient basis in Roman law. Prospective solicitors are then required to take the Diploma in Legal Practice (a one year course provided by several Scottish universities) and then undertake a two year traineeship with a law firm, before they can qualify as a solicitor. As the Faculty of Advocates used to require a M.A. degree of its candidates, it used to be common to take a five year combined MA LLB curriculum at the Scottish universities. The Faculty of Advocates is an independent body of Lawyers who have been admitted to practise as Advocates before the Courts of Scotland, especially the A Master of Arts in Scotland is an academic degree in Humanities and Social sciences awarded by the Ancient universities of Scotland – Those intending to become solicitors who studied law as a first degree were at one time awarded a BL degree.

Solicitors are in most areas organised into a local Faculty of Procurators or Faculty of Procurators and Solicitors. Glasgow has a Royal Faculty of Procurators. In Edinburgh, depending on the firm a trainee joins, s/he may become a Writer to the Signet (W. The Society of Writers to Her Majesty’s Signet is the oldest Legal society in the world S. ) or a Solicitor to the Supreme Court (S. S. C. ). In Aberdeen, the solicitors belong to a Society of Advocates and a member would be called formally an "Advocate in Aberdeen," or colloquially an "advocate" simpliciter. In the 18th century, Dr Samuel Johnson marked the change in designation of the lawyers in Glasgow with a jibe about their moving from "procuring" to "soliciting. Samuel Johnson (often referred to as Dr Johnson) (18 September "

Republic of Ireland

Solicitors in the Republic of Ireland are represented and regulated by the Law Society of Ireland. Ireland ( Irish: Éire, ˈeːrʲə is a country in north-western Europe. The Law Society of Ireland (in Irish Dlí-Chumann na hÉireann) is the educational representative and regulatory body of the solicitors' profession in the Republic of It was formally established by Royal Charter in 1852. The legislative basis for its current role is set out in the Solicitors Acts 1954 - 2002.

Irish Independence in 1921 was marked more by continuity with the British legal system than with change. The legal profession has remained divided between barristers (or abhcóidí in Irish) and solicitors (or aturnaethe in Irish). A barrister is a Lawyer found in many Common law Jurisdictions that employ a split profession (as opposed to a Fused profession) in relation However, there has been some blurring of their respective roles over the years. Notably, under Section 17 of the Courts Act 1971, solicitors were granted a right of audience in all courts, although in practice relatively few solicitors act as advocates for their clients in the Superior Courts.

Australia

Regulation of the profession in Australia varies from state to state. Admission to practice is state-based, although mutual recognition enables a practitioner admitted in any state to practise nationally. In some States, the distinction between barristers and solicitors is nominal and reflects individual preferences and membership of professional associations. In others, at least in a practical sense, the distinction is clear from the type of practice a practitioner has, even if they are entitled to practice in the other branch of the profession. Thus, while members of the bar practice only as barristers, a practitioner is admitted as a "barrister and solicitor". Thus, every solicitor is also a barrister, although many prefer to brief counsel rather than appear in courts or tribunals themselves. The trend to a fused profession is similar to that outlined in England and Wales above. Fused profession is a term relating to jurisdictions where the Legal profession is not divided between Barristers and Solicitors.

However, the states of New South Wales and Queensland maintain strongly independent Bars, call to which requires extra training. In those states, solicitors' rights of audience before superior courts are theoretically unlimited, but infrequently exercised in practice. Victoria also has an independent bar but solicitors have full right of audience before all courts.

Canada

In the English speaking jurisdictions of Canada (and New Brunswick, a bilingual jurisdiction) the profession is being fused, all lawyers are called to the bar and admitted as solicitors. While many barristers and solicitors choose to practise within the scope of one or the other traditional disciplines, many others choose a cross-discipline practice.

Amongst lawyers in English speaking Canada, it is common to refer to one another as solicitors, whether practising in a solicitor's or barrister's role. Among members of the general public, the term "solicitor" also has a similar commercial connotation to that in use in the United States (see below).

United States

Government usage

In some U.S. states, a "solicitor" may be the chief legal officer of a city or town — for example, a "town solicitor" — although cities in other states simply have "city attorneys. Pruneyard Shopping Center v Robins,, was a US Supreme Court decision issued on June 9, 1980 which arose out of a Free speech dispute Freedom of speech is the freedom to speak freely without Censorship or Limitation. A rest area, travel plaza, rest stop, or service area is a public facility located next to a large thoroughfare such as a Highway, Expressway A US state is any one of the fifty subnational entities of the United States of America that share Sovereignty with the federal government " Some counties and states as well as the federal government have an official known as a Solicitor General who is actually more of an advocate than a solicitor in the traditional British sense. The federal government of the United States is the central United States Governmental body established by the United States Constitution. The United States Solicitor General is the individual appointed to argue for the Government of the United States in front of the Supreme Court of the United States An advocate is one who speaks on behalf of another person especially in a legal context In South Carolina the term "solicitor" applies to a circuit prosecutor. South Carolina ( is a state in the southern region ( Deep South) of the United States of America. The prosecutor is the chief legal representative of the prosecution in countries with either the Common law Adversarial system, or the civil law In Georgia a county solicitor general is responsible for prosecution of misdemeanor offenses. The State of Georgia ( is a state in the United States and was one of the original Thirteen Colonies that revolted against British rule Historically, Georgia solicitors general were state prosecutors. Today, that office is known as district attorney.

Non-government usage

In American and Canadian English, the term often refers to "a person who seeks business or contributions from others; an advertiser or promoter" (according to Black's Law Dictionary, 7th edition). Phonology North American English regional phonology In many ways compared to English English, North American English is conservative in its Phonology. Canadian English ( CanE, en-CA) is the variety of English used in Canada. Black's Law Dictionary is the most widely-used Law dictionary for the Law of the United States. This is the meaning intended in the ubiquitous signs on business premises that say "No Soliciting" or "Please Do Not Contribute To Solicitors. "

Many cities in the U. S. have enacted municipal ordinances that require the licensing of solicitors, and also require them to not solicit at homes or businesses that have posted "No Solicitors" signs. The ordinances of Urbana, Illinois^[2], Marion, Iowa^[3], and Hermosa Beach, California^[4] are typical examples. Urbana (ɝˈbænə is the County seat of Champaign County, Illinois, United States. Marion is a city in Linn County, Iowa, United States. The population was 26294 at the 2000 census and was estimated at 32172 in 2007 Hermosa Beach is a city in Los Angeles County, California, United States.

The equivalent term in British English is "tout". British English or UK English ( BrE, BE, en-GB) is the broad term used to distinguish the forms of the English language used in the In British English, a tout is any person who solicits business or employment in an importune manner (generally equivalent to a solicitor in American The Australian English term frequently used is "hawker", which is also used in other countries as slang with identical meaning. Australian English ( AuE, AusE, en-AU) is the form of the English language used in Australia. Slang is the use of highly informal Words and expressions that are not considered standard in the speaker's Dialect or Language.

See also

• Barrister
• Legal executive
• Lexist
• Licensed Conveyancer
• Solicitor General

External links

• The Law Society of England and Wales Directory Of Solicitors
• The Irish Law Society Directory Of Solicitors
• Law Society of Scotland's Directory Of Solicitors
• Law Society of Hong Kong
• TraineeSolicitor.co.uk

Footnotes

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