What do barristers, solicitors and legal executives do, and how do their roles, training and regulation differ?
Legal personnel: the role, training and regulation of barristers, solicitors and chartered legal executives, the work they do, rights of audience, and the regulation of the professions.
An Eduqas A-Level Law guide to legal personnel. Explains the role, training and regulation of barristers, solicitors and chartered legal executives, rights of audience and how the professions are regulated, with worked exam answers and the application the paper rewards.
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What this dot point is asking
Eduqas Component 1 requires you to know the three branches of the legal profession: barristers, solicitors and chartered legal executives, including their roles, training, rights of audience and regulation. The skill is to advise which professional a client should use for a task (AO2) and to explain the differences precisely (AO1).
The answer
Solicitors
Barristers
Barristers specialise in advocacy (presenting cases in the higher courts) and in giving specialist written opinions. They are self-employed and work from chambers, traditionally instructed by a solicitor on behalf of the client, though direct access (public access) now allows clients to approach a barrister directly for some work. They qualify through a law degree or conversion, the Bar training course, membership of one of the four Inns of Court, and a year of pupillage, and are regulated by the Bar Standards Board (BSB). The cab-rank rule requires a barrister to accept any case within their competence for the proper fee.
Chartered legal executives
Chartered legal executives are qualified lawyers who usually specialise in one area of law (for example conveyancing, family or personal injury). They qualify through the route set by CILEX (the Chartered Institute of Legal Executives), often while working, and are regulated by CILEX Regulation. They can do much of the day-to-day legal work of a solicitor and, with further qualification, gain rights of audience and can become judges.
Rights of audience and regulation
Examples in context
A strong answer matches each task to the right professional and gets rights of audience correct.
Try this
Q1. Explain the training and qualification of a barrister. [10 marks]
- What the marker wants. Precise AO1: a law degree or conversion, the Bar training course, membership of an Inn of Court, a year of pupillage, regulation by the Bar Standards Board, and full rights of audience.
Q2. Ben wants to buy a house and later make a will. Advise Ben on which legal personnel he should use. [15 marks]
- Cue. An AO2 application: conveyancing and drafting a will are typically handled by a solicitor (or a licensed conveyancer / chartered legal executive for the conveyancing); explain what each would do and that no barrister or court advocacy is needed for non-contentious work.
Exam-style practice questions
Practice questions written in the style of WJEC Eduqas exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
Eduqas Component 1 2022 (scenario style)15 marksAisha has been injured in a road accident and wants to bring a claim, which may end up in a contested trial in the County Court. Advise Aisha on the legal personnel she might use and what each would do. [a scenario question in the style of Component 1, AO2]Show worked answer →
A mainly AO2 scenario. Apply the roles of the three professions to a personal injury claim.
First contact. Aisha would usually instruct a solicitor, the typical first point of contact, who would advise her, gather evidence, deal with correspondence and conduct the litigation. For a straightforward claim a solicitor (or a chartered legal executive specialising in personal injury) can handle the whole matter, including advocacy in the lower courts.
Advocacy at trial. If the case is contested and complex, the solicitor may instruct a barrister for specialist advocacy and an expert opinion. Barristers traditionally have full rights of audience in all courts; solicitors and legal executives can gain higher rights through additional qualification.
Funding. A conditional fee (no win, no fee) agreement is common for personal injury.
A top answer matches each professional to a task and explains rights of audience accurately.
Eduqas Component 1 2021 (explain style)10 marksExplain the difference between the work of a barrister and the work of a solicitor. [an explain question in the style of Component 1, AO1]Show worked answer →
A mainly AO1 explain question. Contrast the traditional roles, training and rights of audience, noting the overlap.
Solicitors are usually the client's first point of contact; they advise, draft documents and contracts, conduct litigation, and increasingly do advocacy. They train through a law degree (or conversion), the new Solicitors Qualifying Examination (SQE) and a period of qualifying work experience, and are regulated by the Solicitors Regulation Authority. Barristers specialise in advocacy in the higher courts and in giving specialist opinions; they are usually instructed by a solicitor (though direct access is possible), train through the Bar course and pupillage, are members of an Inn of Court, and are regulated by the Bar Standards Board. Barristers have full rights of audience; solicitors gain higher rights by extra qualification.
A top answer contrasts role, training, regulation and rights of audience, and notes the increasing overlap.
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Sources & how we know this
- Eduqas A Level Law (A150) specification — WJEC Eduqas (2017)