Experto Universitario en Inglés Jurídico

Unit 3
Experto Universitario en Inglés Jurídico y Preparación

del examen TOLES (foundation and higher)
The Legal Profession

Índice
Scheme 3
Key Ideas 4
3.1. Introduction and Objectives 4
3.2. Solicitors 5
3.3. Legal Executives 9
© Universidad Internacional de La Rioja (UNIR)
3.4. Barristers 11
3.5. Judges 15
3.6. Tribunals and Courts 18
3.7. Bibliographical References 21
In Depth 23
Test 24
Scheme

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Unit 3. Scheme
Key Ideas
3.1. Introduction and Objectives
The legal systems of most countries only have one kind of legal profession. The
result of this is that all the lawyers get the same professional education and the
same legal qualifications, and consequently they are allowed to carry out all kinds of
legal work that needs to be done.
The British legal system is different because the legal profession is mainly divided
into two types of lawyers, called solicitors and barristers. Both of them are qualified
lawyers, but they receive a different legal training; their examinations to be
qualified are different, and once they are qualified, they usually do different types
of legal work.
For that reason, it can be said that the legal profession has two different branches,
either a solicitor or a barrister. They are not permitted to be both at the same time,
although a solicitor may become a barrister and viceversa.
Concerning other legal professionals, such as judges, tribunal judiciary and

magistrates, they take part in many different issues resolving disputes, presiding
trials and delivering sentences. The court system has been developed over centuries
and it comprises several sorts of courts and tribunals, determining different sorts of
cases. Regarding that system, judges of different judicial status sit in different courts
and tribunals.

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Unit 3. Key Ideas
In accordance to this information, this unit will review the following objectives:
 Understanding the legal professions involved in the English legal system.

 Understanding the hierarchical relationship between tribunals and courts in the
judicial legal system in the UK.
This University Expert course on Legal English and preparation of the TOLES
certificate (foundation and higher levels) requires the study of the coursebook “The
Lawyer’s English Language Coursebook” (MASON, C. The Lawyer´s English Language
Coursebook. 2nd ed. England: Global Legal English Ltd., 2016). This unit is a
supplement for the study of units 1A and 1B of the mentioned coursebook.
3.2. Solicitors
Solicitors are those practitioners who provide members of the public —their
clients— with skilled advice and representation in all legal issues. The work of
solicitors exists since the 15th century. It is said that the name of this kind of
lawyers has its origin in people who were paid to petition or solicit on behalf of their
clients in the Old Court of Chancery. It was not until 1873 that solicitors formally
became named Solicitors of the Supreme Court.
Any person wishing to become a solicitor must first achieve suitable academic
qualifications (SLAPPER 2016, pp. 69-72). This usually (but not always) means having
good A levels and a university degree. A law degree is not essential, but those
without a degree in law will need to pass further examinations before they can take
the Legal Practice Course (LPC). A student who does not graduate in law and wishes
to take a conversion course must sit the Common Professional Examination (CPE —
also called a Graduate Diploma in Law or GDL). The CPE or GDL examinations will
involve attending courses —the course can last one year (full time) or two years
(part time)—.

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Unit 3. Key Ideas
Solicitors may work on their own in small one-man or one-woman practices, or as
partners with other solicitors. A solicitor practice is called a firm of solicitors. As you
can guess, there are many firms, from small practices that employ one or two
solicitors to practices in large cities that employ a great amount of partners —
solicitors entitled to a say (tener voz y voto) in how the firm is managed, and to a
share (participación) in its profits— and associate solicitors —salaried employees
without these rights—.
The Limited Liability Partnership Act of 2000 introduced a business organization

known as Limited Liability Partnership (LLP). This new business mechanism tries to
combine the advantages of the form of a corporate company with the flexibility of
the partnership form. Despite being known as a partnership, this new form is a
different legal entity that adopts a distinct existence apart from that of its
members. Among its faculties, this legal form is entitled to enter into agreements in
its own name, it can own property, sue and be sued. In contrast to traditional
partnerships, it can involve liability for the partners considered as individuals by
contracts. Even though the LLPs has corporate status, taxes are not applied as a
separate entity from its members.
Any person who wishes legal advice or needs some legal work to be done usually
goes to a firm of solicitor, where the clients tell the solicitor their requirements and
the solicitor gives them instructions. Many solicitors deal with different types of
legal work (RIVLIN 2012, pp. 11-114). We have already referred to some of the main
areas of the law, but below is an idea of some of the types of work they do:
 Litigation (litigio, litigación, pleito). Preparing cases to be tried in the civil or criminal
courts.
 Commercial (comercial, mercantil). Providing legal advice in the area of business and
drafting contracts.
 Conveyancing (especialidad jurídica encargada de lo relacionado con la transmisión
de bienes inmuebles, contratación inmobiliaria). Preparing all the legal arrangements
to buy and sell land, houses or other types of buildings.
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Unit 3. Key Ideas
 Employment (empleo). Assisting employees and employers in cases involving
allegations of unfair dismissal or claims for discrimination at work.
 Family (familia). Such as divorce and child care.
 Immigration (inmigración). Acting on behalf of foreign nationals or those without
any national status at all, who are claiming asylum in this country or permission to
stay or work.
 Licensing (licencia, permiso, autorización, cesión de derecho de auto, patente).
Arranging to apply for licences that must be granted (conceder, otorgar, admitir) by
the courts or other bodies.
 Probate (certificados de testamentaría, acta probatoria de un testamento). Making
wills for clients who, when they die, wish to leave their property to certain persons
or charities; and making sure that their wishes are carried out.
 Intellectual property (propiedad intelectual). Managing patents and copyright to
protect designs inventions and works of art such as musical compositions and
recordings.
The profession of a solicitor has developed greatly over the past few years.
Solicitors act as legal advisors, but they are also expected to provide detailed
records of a case as it progresses.
The public comes into contact with solicitors more than any other people who
work in the law and this gives them a unique insight into how decisions of the
courts and the work of other law professionals affect our lives.
As advisors, solicitors must be able to explain what the law is and how a particular
set of circumstances is affected by the law. It is essential that solicitors have a good
knowledge of the law, but also good common sense. Sometimes, in urgent cases,
the advice must be given immediately without the benefit of a long time for
reflection, and it will be acted upon without hesitation. That advice may be
scrutinised subsequently at leisure by the courts and it may make the difference
regarding the success or failure of the case. In these instances, common sense and
experience are important qualities.
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Unit 3. Key Ideas
As record-keepers, solicitors will be expected to create or organise a record of what
happens in a case, so that the whole case may be understood by those who need to
do so. Especially, barristers and judges may need to know exactly what happened
during the performance of the case from its beginning, so that they can develop
their work presenting or deciding a case properly.
The recording process starts when the solicitor first meets the client. At this stage,
he or she will provide the client with important information about what can and
cannot be done for the client, and how much it will cost. As the case develops, the
solicitor must keep a note of all important meetings and telephone conversations
relating the case, and guarantee that all case documents are correctly organised.
This process is also essential when handling clients’ property and money. Solicitors
are sometimes trusted to handle large sums of money and very valuable property. A
person may have worked a lifetime to build up an asset and will then entrust its sale
or transfer into the hands of a solicitor.
In the course of their litigation work, solicitors will often appear in court as
advocates, ‘pleading the causes’ (defender) of their clients (RIVLIN 2012, pp. 114-
115). This means that they will actually go into court and present and argue cases
on their behalf. In the main, solicitors present cases in the lower courts, in particular
the magistrates’ courts and the county courts. This can be a very busy life, requiring
quick thinking and the ability to master the facts of a situation, or indeed a whole
case, at great speed —and then to move on with equal speed to another one.
Traditionally, only barristers had the right to be heard by a law court (that is the
Right of Audience). However, due to a change in the law made in 1990, nowadays
5,000 solicitors approximately, having the status of solicitor advocates, have got
the qualifications to act as advocates in some kinds of courts after being qualified as
solicitors, acquiring proper experience in cases and taking additional examinations.

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Unit 3. Key Ideas
These qualified solicitor advocates can now appear before the Crown Court and the
High Court; supposedly, in the long term they will be given the same rights of
audience as barristers. Then they too will be allowed to appear in any court in the
land.
The professional body that represents this branch of the legal profession is the Law
Society. In order to become practicing solicitors, men and women must first receive
the necessary education at university or Law school and training in a solicitors’ firm.
They will then be ‘admitted to the Rolls’, which means that their names will be
entered on the roll (lista) of solicitors permitted to practise. They must also have in
force a practising certificate issued by the Law Society.
The Law Society is the professional body representing the interests of

solicitors. The Solicitors Regulation Authority (SRA) makes important rules as
to how solicitors should look after their clients’ money and assets, and it
carries out spot-checks (inspección sorpresa) and audits to ensure that
solicitors are complying with these rules.
3.3. Legal Executives
The members of staff who work in solicitors’ offices will include secretaries and
clerks. Solicitors’ clerks may be very long-serving and experienced employees, and
although not legally qualified, they often have a great deal of legal knowledge
gained ‘on the job’ (en el lugar de trabajo). Clerks may now receive special training
to do work requiring particular skills and take examinations to qualify as legal
executives.

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Unit 3. Key Ideas
The Chartered Institute of Legal Executives (CILEX) is an entity representing an
amount of approximately 20,000 legal executives who work in firms of solicitors.
These professionals are legally trained (the Chartered Institute is in charge of
running its own examinations) and they perform a great deal of the daily legal tasks
in most practices.
The CILEX offers an important amount of training courses involving different and
diverse matters so that this institution provides an itinerary to develop a career in
law open to every person interested in it.
Legal executives are those lawyers specialised in a specific field of law. They need
to pass the CILEX Professional Qualification in Law in a field of legal practice at the
same level as that required for solicitors. These legal professionals must have no
less than five years’ experience working under the supervision of a solicitor in legal
practice, or the legal department of a private company, or local or national
government. After this training, fellows (miembro) gain an annual practising
certificate, and only fellows of CILEX can be described as legal executives. They are
specialised in a specific field of law, and their daily legal tasks are similar to those
carried out by solicitors.
According to their professional website, the Chartered Institute of Legal Executives:
‘*…+ legal executives might handle the legal aspects of a property transfer;
assist in the formation of a company; be involved in actions in the High
Court or County Courts; draft wills; advise clients accused of serious or
petty (insignificante) crimes, or families with matrimonial problems; and
many other matters affecting people in their domestic and business
affairs.’
In addition, this site mentions that:
‘*…+ legal executives are fee-earners —in private practice their work is
charged directly to clients— making a direct contribution to the income of
a law firm. This is an important difference between legal executives and

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Unit 3. Key Ideas
other types of legal support staff who tend to handle work of a more
routine nature.’
3.4. Barristers
The complete name of a barrister is barrister-at-law. Barristers are also called

counsels. The word barrister has its origin in the fact that, when they are qualified,
they are called to the Bar, an expression that dates from the days when each
courtroom was fitted with a rail or bar dividing the area actually used by the court
from the general public. Only barristers were allowed to step up to the bar to plead
their clients’ cases.
Both solicitors and barrister belong to the legal profession. However, many
important differences can be established between them (RIVLIN 2012, pp. 121-122).
Some of the main ones are the following:
 Barristers are mainly litigation or courtroom lawyers who actually conduct cases in
court. They have rights of audience (rights to appear) in any court in the land; hence,
barristers are the lawyers who appear regularly in the more difficult cases in the
Crown Court, the High Court and the various courts of appeal (apelación).
 Although many barristers carry out different kinds of work, an increasing number of
them are now specialising in just one or two aspects of litigation. This results in
them only acting in criminal disputes, or one or more of the many types of civil
cases. A small number of specialised barristers do not go into court at all and
develop their professional lives advising and writing opinions required by solicitors,
in cases involving difficult and complex fields of the law.
 There was a time when clients who needed to go to court could not normally go to
see a barrister directly. Barristers can now undergo training to become direct access
lawyers. Once they have been trained, clients can sometimes go directly to them
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Unit 3. Key Ideas
without the need to instruct a solicitor. Originally, direct access work was limited,
and the majority of criminal, family and immigration work was excluded from these
arrangements. Now, however, barristers can undertake direct access work in most
areas of law. Direct-access barristers can appear in court on behalf of a client, draft
legal advice and certain other documents, such as wills, and write letters on behalf
of their clients on headed (membrete) paper. However, unlike solicitors, they still
cannot commence civil actions on behalf of clients by conducting issue proceedings,
or take the other formal steps needed to progress litigation. Furthermore, barristers
are not permitted to take responsibility to deal with the affairs and money of their
clients.
 Unlike solicitors, barristers cannot work in partnership with one another. All
professional barristers work on their own. However, it is quite common for many
barristers to share offices when convenient. They are called barristers’ chambers,
where their work is organised by the same manager, who is known as barristers’
clerk. A barristers’ clerk arranges court appearances and meetings between clients,
solicitors, and barristers (these meetings are known as conferences).
 There are also some barristers who are employed directly by companies or other
kind of bodies (including firms of solicitors) as in-house (interno) lawyers. They are
called employed barristers and they are only able to provide services to their
employers. To be able to work for a client directly, the case must be one that is
suitable for the barrister to undertake without the assistance of a solicitor.
 The robes that barristers wear are different. In the magistrates’ courts and
tribunals, such as the Employment Tribunals, they wear their business suits, like
solicitors. Until very recently, in all other courts barristers wore wigs and gowns
(pelucas y togas), but now all this has changed. Now it is only in the Crown Court
that barristers wear wigs and gowns, and, by choice, in the County Court, certain
divisions of the High Court, and in proceedings in the Court of Appeal and Supreme
Court.

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Unit 3. Key Ideas
Barristers, like solicitors, must obtain the necessary academic qualifications and
undergo a period of practical training (SLAPPER 2016, pp. 75-77). The academic
qualifications are now similar to those required to a solicitor, but the actual subjects
that the student barrister will study and the vocational training will be different.
It will involve attending the Bar Professional Training Course, a practical course
intended to prepare student barristers for life at the Bar, and then, after qualifying
as a barrister, doing at least twelve months of pupillage, an apprenticeship with an
experienced barrister in a set of barristers’ chambers.
For students who would like to do this, they first have to be a member of one of the
four Inns of Court. For being a barrister, students must pass all the necessary law
exams and attend qualifying sessions, including among others dining in Hall and
other education activities. Dining in Hall literally means ‘eating a number of dinners
in the Great Hall of their Inn of Court’. This tradition dates from the days when
students received their legal education by attending lectures that were given while
they were dining in Hall.
The four Inns of Court are all within a short distance of one another in London and
form the heart of Legal London. Each Inn has its own hall, common rooms, library
and church. It is run by a number of Masters of the Bench, or benchers, who are
senior barristers and judges who belong to the Inn and who are elected to govern it.
The Bar Council represents barristers in England and Wales. It promotes the Bar’s
high quality specialist advocacy and advisory services. Anyone wishing to join the
Bar must join one of the Inns of Court, which are responsible for ‘calling’ barristers
to the Bar.
After some years of experience, a junior counsel who establishes a large practice
and produces work of a particularly high standard may be appointed by the Lord
Chancellor to be One of Her Majesty’s Counsel Learned in the Law; known for short
as Queen’s Counsel (QC) (SLAPPER 2016, pp.77-78). These barristers are now
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Unit 3. Key Ideas
leading counsels and their gowns are made of silk. For many years, only barristers
could become QCs, but following recent reforms, solicitors who undertake
advocacy work can now also apply, although the number of solicitors who have
taken silk is relatively small.
QCs are now expected to handle the most serious or difficult cases. Despite
their title, they may appear on behalf of any person and conduct cases for or
against the Crown.
All barristers who practise in the courts in England and Wales are currently
members of one of the six legal circuits in which the country is divided (RIVLIN 2012,
pp. 127-128). These are the geographical areas around which the High Court judges
still travel as they try the most important cases around the country. Barristers
usually have their chambers and do most of their work on their own circuits, but
they are free to work in any part of the country. Each of the circuits elects a Leader,
a senior QC who helps oversee the standards of the profession on circuit, and each
of the circuits has its own traditions and enjoys its own circuit life.
Advocacy is the best-known work carried out by barristers in court. The art of
advocacy is the art of persuasion. Like the skills of a fine musician, it involves natural
talent, so it is important for them to have natural talent to perform a great deal of
hard work and to be absolutely careful in the manner in which they make their
presentations. Good advocates must be able to think quickly and to adapt to the
audience they are trying to persuade and to the changing circumstances of the case.

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Unit 3. Key Ideas
3.5. Judges
When we look at the structure of the courts system, we see that there are different
courts and each type of court has its own function and responsibilities. There are
also several types of judges. Most judges are full-time, but there are also many
part-time judges who, when they are not sitting as judges, carry on their careers as
solicitors or barristers.
The Queen appoints almost all the judges taking the advice of the Lord Chancellor.
He has a special department known as the Judicial Appointments Commission,
which collects information about judicial candidates and keeps them under
surveillance (vigilancia) to ensure their suitability (RIVLIN 2012, pp. 179-181).
There are very few exceptions to this, but they are extremely important ones. The
most senior judges in the land, including the Lord Chief Justice, the Master of the
Rolls and the Law Lords, are appointed by the Queen on the advice of the Prime
Minister.
It is highly considered the importance of judges being independent. In order to

guarantee that they are independent, they can be removed from office only if it is
proved that they are unfit to be judges —either because of some serious disability,
or because they have done something that makes them unsuitable due to their
unlawful actions to sit in judgement on others—.
As beforementioned, in the UK justice is still performed in the name of the Queen,

but a very long time in practice the Lord Chancellor made the appointments who
recommended candidates to the Queen to be appointed. The Queen had the

constitutional duty for appointing the candidates recommended by the Lord
Chancellor.

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Unit 3. Key Ideas
The system was criticised because it was said that the Lord Chancellor, as a member
of the Government, was not independent enough for appointing judges, and could
in theory appoint almost anyone he liked as a judge. All this was changed by the
Constitutional Reform Act of 2005, which changed the procedure and constituted
an independent Judicial Appointments Commission. This Commission now selects
judges on the basis of open competition and transparent selection criteria.
Nowadays, all judges must have gained very considerable experience in the law
before being appointed. The necessary qualifications to be appointed are now
accessible to all due to the publication of a booklet called Judicial Appointments,
setting out the necessary qualifications for appointments to the Bench, whether
full-time or part-time, and to the numerous tribunals.
On the one hand, part-time judges are solicitors or barristers who are appointed to
sit between fifteen and fifty days a year as judges. They may sit as recorders dealing
with criminal cases in the Crown Court or as Deputy High Court Judges or Deputy
District Judges trying civil cases in the High Court, County Court or Magistrates’
Court. Generally, the men and women who are chosen to sit as part-time judges will
be at least 35 years old. They are in fact normally in their forties. They need some
years of experience in the legal practice, at least a period of seven years. Before any
of these judges are allowed to sit, they must go through a period of judicial training
(RIVLIN 2012, pp. 182-184).
On the other hand, there are several different types of full-time judges. These days
almost every judge who becomes a full-time judge will first have had experience as
a part-time judge, and they will have proved their competence to try cases and the
right qualities to sit as a judge.
The legal professionals interested in and qualified to be appointed judges can now
apply to work shadow a judge under a Work Shadowing Scheme set up by the
Ministry of Justice. If successful, they will spend up to three days with a Circuit or a
District Judge, observing his work both in and out of court.
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Unit 3. Key Ideas
All new judges now receive training and more experienced judges must attend
refresher courses from time to time. All of this training was organised by a special
office belonging to the Ministry of Justice known as the Judicial Studies Board (JBS).
In April 2011, the training was taken over by a new body called the Judicial College.
The Judicial College organises separate training courses for judges who will be
asked to try criminal, civil and family cases. These courses may last up to a week
and will include lectures and practical exercises. Some critical aspects included
during the training courses are those referring to racial awareness, designed to give
judges a greater understanding about the differences and problems of different
cultures; sexual offences; and child abuse. Experienced judges attend Judicial
College courses as tutor judges to assist in the training of new judges, and to discuss
the day-to-day problems that are likely to arise in the courts.
Before finishing this section of the unit, let us talk a bit about magistrates. There are
over 30,000 lay magistrates in England and Wales. They are also known as Justices
of the Peace (JPs). There are also some legally qualified full-time magistrates with
the title District Judge (Magistrates’ Courts). The magistracy tries to promote public
confidence in the criminal justice system because it is allowed to reach agreements
in such an important part of life.
Magistrates are usually part of a bench (estrado) of three magistrates. This bench
includes one judge who has the appropriate training to take the chair and helps lead
the bench doing the work, and speaking for it. A legally qualified court clerk is
needed to guide on the law and procedure system. Magistrates may have different
experience and occupations. The procedure to select them tries to choose people
showing common sense and personal integrity, having a good knowledge of
people and their local community, the ability to listen to all viewpoints of an
argument and to provide fairness and reasonable decisions.

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Unit 3. Key Ideas
Magistrates do not require having academic qualifications, although they need
knowledge of the law, because each bench sits with a court clerk who is legally
qualified. The purpose of the clerk is to advise magistrates on important aspects of
the law and to offer guidelines when delivering sentences. All magistrates receive a
practical training program that prepares them to sit in court. This program is
compulsory and comprises discussions and practical exercises, observing in court,
and visits to prisons.
MAGISTRATE
Juez de los tribunales inferiores de lo penal; magistrado, juez de paz. Los

términos magistrado y magistrate no se corresponden, ya que, si el primero
se refiere al juez superior, el magistrate inglés es un juez de paz o justice of
the peace; son todos legos o lay magistrates.
3.6. Tribunals and Courts
In this section, we are going to deal with a basic understanding of the hierarchical
relationship of the courts and of the type of disputes that different courts deal with.
First, we have to start making some preliminary distinctions:
 Civil and criminal courts. Civil courts are in charge of resolving legal matters
between private citizens or between a citizen and the state. These issues range
from, for example, contract disputes, property disputes, torts, family legal
controversies or problems with a public authority exercising power wrongfully.
The person who starts a claim is known as the claimant and the person who
defends the claim is the defendant. When the defendant is declared liable, the
court is entitled to order the defendant to pay monetary compensation to the
claimant or to order some other kind of appropriate remedies. On the other side,
criminal courts are those in charge of hearing and determining cases when

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Unit 3. Key Ideas
people are accused of breaking the criminal law. The prosecution can bring the
case against an accused or defendant. When the defendant is considered guilty,
the criminal court is empowered to impose punishment in the form of a fine
(multa) or imprisonment (reclusión, prisión, arresto). The Crown Prosecution
Service brings the majority of prosecutions.
 First instance and appeal courts. Once a court adopts a decision, in both civil and
criminal cases, that decision usually can be appealed to a higher court.
Therefore, there is an additional difference between first instance or trial courts
and appeal courts.
Taking into account the hierarchy of courts, in some of them judges sit in panel
rather than alone (for example, the Supreme Court and the Court of Appeal). In
these cases, judges normally sit in panels of three, five, seven or nine members
because in the English common law tradition it is possible that a judge disagrees (it
is considered permissible and legitimate) with the other members on the judicial
panel.
In these situations, the judge is entitled to deliver a dissenting judgment and the
majority will decide the case. When all of the judges agree, the decision is called
unanimous. However, even when all of the judges agree in the decision, it is quite
common for all the judges hearing a case to write their own decision. This is
because they may have a slightly different interpretation of some of the matters in
the case or simply wish to express their slightly different viewpoint from the other
judges. In cases that judges adopt a decision and they agree with the other
members of the panel, it is known as a concurring judgment.
The English legal system establishes a hierarchical relationship between courts

so that they are organised on the basis of seniority. Following this principle,
the decisions of the Supreme Court are the most important and authoritative
decisions of all the courts. The Court of Appeal and High Court are also
authoritative, but less so.

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Unit 3. Key Ideas
The courts and tribunals at the lower position of the hierarchy are concerned with
the vast majority of civil controversies and criminal cases, while the courts at the
top position of the hierarchy deal with a small number of the most relevant cases
on appeal in order to guarantee that the decision of the trial court was right and to
clarify points of law (superior courts).
The judges sitting in the superior courts are the most senior and distinguished
members of the judiciary. Superior courts are entitled with unlimited jurisdiction so
they can deal with cases of any value or legal difficulty. However, inferior courts
have a limited jurisdiction. The Court of Appeal, High Court and Crown Courts are
now known as the senior courts.
The diagram below shows the courts in the English legal system (figure 1).
Figure 1. Courts in the English system. Source: adapted from www.judiciary.gov.uk/wp-

content/uploads/2012/08/courts-structure-0715.pdf
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Unit 3. Key Ideas
To finish this section, we must talk about tribunals. The state establishes these
decision-making bodies, mostly to resolve disputes between citizens and the state.
There are approximately 70 different tribunals resolving a wide range of legal issues
ranging from, for example, immigration to welfare benefits, education, tax and
parking. A typical tribunal panel consists of a legally qualified tribunal judge who will
sit together with two non-legally qualified panel members.
Tribunals tend to deal with less complex procedures than ordinary courts and
are intended to be more accessible and user-friendly (fácil de usar).
TRIBUNAL
Según el Diccionario de Términos Jurídicos (Alcalá Varó & Hugh, 2003):

«Tribunal, organismo deliberativo con ciertas atribuciones judiciales. De la
misma forma que en inglés un magistrate es menos que un judge, un tribunal
es menos que un court. Los tribunals son órganos judiciales creados por ley
parlamentaria para entender de disputas y litigios de orden administrativo,
social y laboral, etc., siendo los más importantes los administrative tribunals y
los industrial tribunals, aunque también tienen consideración de tribunal
algunos comités como el rent assessment committee. Se caracterizan por la
flexibilidad, la rapidez y la sencillez de sus procedimientos».
3.7. Bibliographical References
“About Chartered Legal Executive lawyers”. Chartered Institute of Legal Executives.

[accessed 14 January 2021]. Retrieved from
https://www.cilex.org.uk/about_cilex/about-cilex-lawyers
ALCALÁ VARÓ, E. y HUGH, B. Diccionario de Términos Jurídicos. 7ª ed. Madrid: Ariel,

2003.

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Unit 3. Key Ideas
“Courts and Tribunals Judiciary”. Judiciary.uk. 2012 [accessed 14 January 2021].
Retrieved from www.judiciary.gov.uk/wp-content/uploads/2012/08/courts-
structure-0715.pdf
“Home”. Chartered Institute of Legal Executives (CILEx). [accessed 14 January 2021]

Retrieved from: https://www.cilex.org.uk/
RIVLIN, G. First Steps in the Law. 7th ed. Oxford: Oxford University Press, 2012.
SLAPPER, G. How the Law Works. 4th ed. London and New York: Routledge, 2016.

22
Unit 3. Key Ideas
In Depth
The Law Society
“Home”. The Law Society. [accessed 14 January 2021]. Retrieved from

https://www.lawsociety.org.uk/
The Law Society represents and supports its members (solicitors), promoting the
highest professional standards and the rule of law.
The Bar Council
“Home”. The Bar Council. [accessed 14 January 2021]. Retrieved from

https://www.barcouncil.org.uk/
The Bar Council represents barristers in England and Wales. It promotes the Bar’s
high-quality specialist advocacy and advisory services, fair access to justice for all.
The highest standards of ethics, equality and diversity across the profession.
Courts and Tribunals
“Courts and Tribunals”. Gov.uk. [accessed 14 January 2021]. Retrieved from

https://www.gov.uk/courts-tribunals
In this website, you will find useful information about how the court and tribunal
system is organised in the UK.

23
Unit 3. In Depth
Test
1. How do solicitors usually work?
A. Solicitors may work on their own in small one-person practices, or as
partners with other barristers.
B. Solicitors may work on their own in small one-person practices, or as
partners with other solicitors.
C. Solicitors may work on their own in small one-person practices, or as
partners with other judges.
2. What kind of work do solicitors do?

A. Litigation, commercial, conveyancing, employment, family, immigration,
licensing, probate and sexual offences.
B. Litigation, commercial, conveyancing, employment, family, immigration,
licensing, probate and delivering sentences.
C. Litigation, commercial, conveyancing, employment, family, immigration,
licensing, probate and intellectual property.
3. What kind of work do solicitors do as record-keepers?

A. As record-keepers, solicitors will be expected to create or organise a record
of what happens in a case so that the whole case may be understood by those
who need to do so.
B. As record-keepers, solicitors will be expected to grant exemption from the
new tests of qualification for advocacy.
C. As record-keepers, solicitors will be expected to do all the legal work on
mergers for commercial companies and create a new environment of
transnational operating on a world basis.

24
Unit 3. Test
4. Who are legal executives?
A. They are qualified lawyers specialising in a particular field of law. They will
have passed the CILEX Professional Qualification of Law in an area of legal
practice to the same level as that required of solicitors.
B. They are qualified lawyers specialising in a particular field of law. They will
have passed the Bar Professional Training Course in an area of legal practice
to the same level as that required of solicitors.
C. They are qualified lawyers specialising in a particular field of law. They will
have passed the Queen’s Counsel Course in an area of legal practice to the
same level as that required of solicitors.
5. What is the main kind of work barristers do?

A. They are mainly family lawyers.
B. They usually assist employees end employers in cases involving allegations
of unfair dismissal, or claims for discrimination at work.
C. They are mainly courtroom lawyers who actually conduct cases in court.
They have rights of audience (rights to appear) in any court in the land.
6. What kind of qualifications do barristers need?

A. The necessary qualifications involve attending the CILEX Course, a practical
course, and doing at least 12 months of pupillage, an apprenticeship with an
experienced barrister.
B. The necessary qualifications involve attending the Bar Professional Training
Course, a practical course, and doing at least 12 months of pupillage, an
apprenticeship with an experienced barrister.
C. The necessary qualifications involve a Practicing Certificate issued by the
Law Society and doing a Conversion Course.

25
Unit 3. Test
7. Can barristers be direct-access lawyers?
A. Yes. Barristers can now undergo training to become direct-access lawyers.
Clients can go directly to them without the need to instruct a solicitor.
B. No. Barristers cannot undergo training to become direct-access lawyers.
Clients cannot go directly to them without the need to instruct a solicitor at
all.
C. Yes. Barristers can now undergo training to become direct-access lawyers,
but clients need the instruction of a solicitor.
8. What is the Judicial Appointments Commission?

A. It is the commission in charge of selecting judges on the basis of open
competitive state exam and transparent selection criteria.
B. It is the commission in charge of selecting judges on the basis of open
competition and transparent selection criteria.
C. It is the commission in charge of selecting judges on the basis of an open
list of solicitors, legal executives and barristers with at least five years of
experience and transparent selection criteria.
9. Who are magistrates?

A. Magistrates are known as Justices of the Peace and they help foster a great
deal of public confidence in the criminal justice system.
B. They are judges of the Supreme Court.
C. They are judges presiding the Court of Appeal.
10. What kind of relationship is there among the courts in the English legal system?
A. There is a hierarchical relationship because courts are organised on the
basis of seniority.
B. There is a coordinated relationship because courts are organised on the

basis of seniority.
C. There is an equal relationship because courts are organised on the basis of
seniority.

26
Unit 3. Test

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Unit 3

Experto Universitario en Inglés Jurídico y Preparación

The Legal Profession

Experto Universitario en Inglés Jurídico y Preparación

3.1. Introduction and Objectives

Concerning other legal professionals, such as judges, tribunal judiciary and

Experto Universitario en Inglés Jurídico y Preparación

 Understanding the legal professions involved in the English legal system.

Experto Universitario en Inglés Jurídico y Preparación

The Limited Liability Partnership Act of 2000 introduced a business organization

Experto Universitario en Inglés Jurídico y Preparación

The Law Society is the professional body representing the interests of

3.3. Legal Executives

Experto Universitario en Inglés Jurídico y Preparación

According to their professional website, the Chartered Institute of Legal Executives:

In addition, this site mentions that:

Experto Universitario en Inglés Jurídico y Preparación

The complete name of a barrister is barrister-at-law. Barristers are also called

in cases involving difficult and complex fields of the law.

Experto Universitario en Inglés Jurídico y Preparación

Experto Universitario en Inglés Jurídico y Preparación

It is highly considered the importance of judges being independent. In order to

As beforementioned, in the UK justice is still performed in the name of the Queen,

recommended candidates to the Queen to be appointed. The Queen had the

Experto Universitario en Inglés Jurídico y Preparación

Experto Universitario en Inglés Jurídico y Preparación

Juez de los tribunales inferiores de lo penal; magistrado, juez de paz. Los

3.6. Tribunals and Courts

First, we have to start making some preliminary distinctions:

Experto Universitario en Inglés Jurídico y Preparación

The English legal system establishes a hierarchical relationship between courts

Experto Universitario en Inglés Jurídico y Preparación

Figure 1. Courts in the English system. Source: adapted from www.judiciary.gov.uk/wp-

Según el Diccionario de Términos Jurídicos (Alcalá Varó & Hugh, 2003):

3.7. Bibliographical References

“About Chartered Legal Executive lawyers”. Chartered Institute of Legal Executives.

ALCALÁ VARÓ, E. y HUGH, B. Diccionario de Términos Jurídicos. 7ª ed. Madrid: Ariel,

Experto Universitario en Inglés Jurídico y Preparación

“Home”. Chartered Institute of Legal Executives (CILEx). [accessed 14 January 2021]

Experto Universitario en Inglés Jurídico y Preparación

“Home”. The Law Society. [accessed 14 January 2021]. Retrieved from

The Bar Council

“Home”. The Bar Council. [accessed 14 January 2021]. Retrieved from

Courts and Tribunals

“Courts and Tribunals”. Gov.uk. [accessed 14 January 2021]. Retrieved from

system is organised in the UK.

Experto Universitario en Inglés Jurídico y Preparación

2. What kind of work do solicitors do?

3. What kind of work do solicitors do as record-keepers?

transnational operating on a world basis.

Experto Universitario en Inglés Jurídico y Preparación

5. What is the main kind of work barristers do?

6. What kind of qualifications do barristers need?

Experto Universitario en Inglés Jurídico y Preparación

8. What is the Judicial Appointments Commission?

9. Who are magistrates?

B. There is a coordinated relationship because courts are organised on the

Experto Universitario en Inglés Jurídico y Preparación

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