Monday, March 12, 2012
Difference Between Solicitors and Barristers
Every country has its own regulation with regards to legal profession. The legal profession in England, New Zealand, Wales Australia and Canada is composed of two different groups which are the Solicitor and the Barrister.
The Solicitors are British lawyers who give legal advice and prepare legal documents and is considered Office Lawyers. Solicitors have served for two years under the management of a practicing Solicitor and meet other demands of the Law Society, which includes educational requirements, and must be admitted to practice. Several common law jurisdictions such as the United Kingdom, Ireland, Canada, Australia and New Zealand excluding US call this type of Lawyers as Solicitors. They are involved in commercial work relating to business such as dealing with commercial transactions, corporate matters, land, share, other property dealings and also litigation.
The Barristers on the other hand are the Courtroom Lawyers who speak in the higher courts of law and who are reserved by Solicitors to advocate in a legal hearing or to render a legal opinion. Barristers are the lawyers who practice out of an office and are often referred to as Chambers. They provide opinions to Solicitors on difficult points of law and appear on court. But Barristers must pass the bar final exams and be admitted to "plead at the bar", meaning they have been called to the bar and is allowed to appear in court to argue a client's case. It is required in England that the Barrister has to be taken on by a practicing Barrister for a one-year pupilage which is same as internship. It allows the new Barrister to observe and assist his master in the execution and learn from the experience. The Barristers are easily recognized by their robe and wig which is referred to as the working garb.
What is a Commercial Law Solicitor?
Commercial Law Solicitors are lawyers that engage and specializing in handling cases affecting different business legal issues. Questions involving Tax law, Business Law and Labor Law are some of the issues that may arise out of this daily business activity.
When a person is interested to establish a new business, a Commercial Solicitor will help in determining the validity as well as the procedures one must observe. They can execute the necessary contracts to effectively carry out the business. They can also check the company organization if it complies with the basic rules and regulations and give the list of the necessary license requirements in putting up the business.
On decisions involving business name the Commercial Law Solicitor can discuss the implication of using one’s name in the business. The benefits of having trade name or business name can also be explain by the Solicitor including the conformity requirements that must be observed.
Even in securing the business location, Commercial Solicitor could be the best person around. They can review and draft the contract involving lease agreement, sub-lease agreement or any other agreement a client may want to engage in leasing any business premises.
Information with regard to financial matters like obtaining a bank loan, a mortgage loan or transaction to another company can be explained by the Commercial Law Solicitors. They will help the client to understand the benefits and the legal issue that may arise out of these transactions.
With respect to taxes, Commercial Solicitors will give advice on how to keep taxes to a minimum level. An advice on the insurance requirement to protect the business including the employees may also be explained by the Commercial Solicitor.
Legal obligations in giving products and services are also important matter that Commercial Solicitor can counsel a businessman on the right procedure to observe in compliance with the existing rules and regulations.
On dispute arising from employee-employer relationship the solicitor can also check all the validity of the claims arising from illegal dismissal or any other claims involving work-related problems. Generally a Commercial Law Solicitor acts for business of all trades and sizes.