What do barristers, solicitors and legal executives do, and how are judges appointed and kept independent?
The legal professions of barristers, solicitors and legal executives, their work and regulation, and the judiciary: the types of judge, their appointment, and the doctrine of judicial independence.
An OCR A-Level Law guide to legal personnel and the judiciary. Explains the work and regulation of barristers, solicitors and legal executives, the types of judge and their appointment, and the doctrine of judicial independence, with worked exam answers and the AO3 evaluation the paper rewards.
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What this dot point is asking
OCR Component 1 Section A requires you to know the legal professions (barristers, solicitors and legal executives), what each does and how each is regulated, and the judiciary: the types of judge, how they are appointed, and the doctrine of judicial independence. The skill is to describe these for AO1 and to evaluate judicial independence and the structure of the professions for AO3.
The answer
The legal professions
- Solicitors are the first point of contact for most clients. They give legal advice, draft documents (wills, contracts, conveyancing), conduct litigation, and may advocate in the lower courts and, with higher rights of audience, in the higher courts. They qualify through a law degree or conversion plus the Solicitors Qualifying Examination (SQE) and qualifying work experience, work in firms or in-house, and are regulated by the Solicitors Regulation Authority (SRA) under the Law Society.
- Barristers are specialist advocates with full rights of audience in all courts. They provide expert written opinions and are usually instructed by a solicitor, though clients can now use direct (public) access. They qualify through the Bar course and a year of pupillage, are largely self-employed in chambers, and are regulated by the Bar Standards Board (BSB) under the General Council of the Bar.
- Legal executives are qualified lawyers who specialise in a single area (for example conveyancing or family law), work in firms alongside solicitors, qualify through the CILEx route, and are regulated by CILEx Regulation.
The judiciary
Judicial independence
The doctrine that judges must be free to decide cases without pressure from the government, the parties or the public is central to the rule of law and the separation of powers. It is protected by:
- Security of tenure. Senior judges hold office "during good behaviour" and can be removed only by a petition of both Houses of Parliament; this lets them decide against the government without fear.
- Guaranteed salaries paid from the Consolidated Fund, so pay is not subject to an annual political vote.
- Immunity from suit for things said and done in their judicial capacity.
- The sub judice rule and contempt of court, which protect active cases from outside interference.
- Independent appointment by the JAC on merit.
- Separation of powers, strengthened by the Constitutional Reform Act 2005, which created the Supreme Court (replacing the Law Lords) and reduced the Lord Chancellor's judicial role.
Examples in context
A strong evaluation links the protections to the rule of law and uses real examples of judges deciding against the government.
Try this
Q1. Describe the different types of judge in England and Wales and how they are appointed. [10 marks]
- What the marker wants. Precise AO1: superior judges (Supreme Court Justices, Lord and Lady Justices of Appeal, High Court judges) and inferior judges (Circuit Judges, Recorders, District Judges), appointed on merit by the Judicial Appointments Commission under the Constitutional Reform Act 2005.
Q2. Discuss the extent to which the legal profession in England and Wales serves the public well. [20 marks]
- Cue. An AO3 evaluation: balance specialist expertise, competition and direct access against cost, the divided profession and limited diversity, and judge, perhaps concluding the public is well served but access and cost remain concerns.
Exam-style practice questions
Practice questions written in the style of OCR exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
OCR H418/01 2019 (Section A style)15 marksDescribe the work of barristers and solicitors and the ways in which they are regulated. [a medium-tariff Section A question; true tariff varies between 10 and 15 on the real paper]Show worked answer →
A Section A knowledge question, mainly AO1, rewarding accurate description and the right regulators. Plan it in two halves.
Solicitors. The first point of contact for clients; they give legal advice, draft documents, conduct litigation and, with higher rights of audience, advocate in the higher courts. They train through a degree or the SQE and qualifying work experience, work in firms, and are regulated by the Solicitors Regulation Authority under the Law Society.
Barristers. Specialist advocates with full rights of audience in all courts; they give expert opinions and are usually instructed via a solicitor (though direct access is now possible). They train through the Bar course and pupillage, are largely self-employed in chambers, and are regulated by the Bar Standards Board under the General Council of the Bar.
Top answers name the SRA and BSB and the training routes precisely rather than describing vaguely.
OCR H418/01 2021 (Section B essay)20 marksDiscuss the extent to which judicial independence is effectively protected in England and Wales. [Section B extended-response evaluation, AO3]Show worked answer →
An AO3 evaluation essay marked by levels of response. The top level explains the protections, tests how effective they are, and judges.
Protections. Security of tenure (senior judges hold office during good behaviour and can be removed only by both Houses of Parliament); salaries paid from the Consolidated Fund (not subject to annual vote); immunity from suit for judicial acts; the sub judice rule and contempt protecting cases from interference; independent appointment by the Judicial Appointments Commission; and separation from the legislature and executive strengthened by the Constitutional Reform Act 2005 (the Supreme Court replaced the Law Lords; the Lord Chancellor's judicial role was reduced).
Evaluation. These protections are strong and largely effective, supporting the rule of law and the separation of powers (for example judges deciding against the government in GCHQ and in judicial review). But concerns remain over a narrow social background, executive criticism of judges, and pressures on funding.
Judgement. Conclude that independence is well protected and underpins the rule of law, while diversity and political respect for the judiciary could be improved. The top level judges rather than lists.
Related dot points
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- Access to justice and the funding of legal services: legal aid (civil and criminal) and its restriction under LASPO 2012, private funding, conditional fee agreements, and advice agencies.
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- The extended evaluation essay (AO3): building a balanced critical argument with examples, weighing strengths and weaknesses, and reaching a reasoned and supported judgement that answers the question.
An OCR A-Level Law guide to the extended evaluation essay. Explains how to build a balanced critical argument, weigh strengths and weaknesses with examples, and reach a reasoned judgement, with a worked plan and the AO3 evaluation the paper rewards across all three components.
Sources & how we know this
- OCR A Level Law (H418) specification — OCR (2017)
- Constitutional Reform Act 2005 — UK Parliament (2005)