Legal Personnel

Legal personnel are the professionals and officials responsible for advising clients, representing parties, and administering justice within the legal system of England and Wales. Their roles are central to ensuring that the legal system operates fairly, efficiently and independently.

This topic focuses on:

• The roles and regulation of the legal professions
• The structure and role of the judiciary
• The separation of powers
• The independence of the judiciary and its importance

An understanding of legal personnel allows evaluation of access to justice, professional competence and public confidence in the legal system.

The Legal Professions in England and Wales

The legal profession is divided into three main branches:

• Solicitors
• Barristers
• Legal Executives

Each profession performs different functions, although there is some overlap in modern legal practice.

Solicitors

Role of Solicitors

Solicitors are usually the first point of contact for individuals seeking legal advice. Their role includes:

• Advising clients on their legal rights and obligations
• Taking instructions and gathering evidence
• Drafting legal documents such as contracts, wills and court pleadings
• Negotiating settlements on behalf of clients
• Preparing cases for court and instructing barristers
• Representing clients in lower courts such as the Magistrates’ Court and County Court

Solicitors often work in law firms, but may also be employed in businesses, local authorities or government departments.

Context:
Solicitors play a crucial role in filtering cases, advising clients on the merits of their claim, and encouraging settlement or ADR, which helps reduce pressure on the courts.

Regulation of Solicitors

Solicitors are regulated by the Solicitors Regulation Authority (SRA), which:

• Sets professional standards and codes of conduct
• Regulates education and training
• Investigates complaints and misconduct
• Has powers to fine, suspend or strike off solicitors

The Law Society represents solicitors but does not regulate them, ensuring a separation between representation and regulation.

Barristers

Role of Barristers

Barristers are specialist advocates who focus primarily on court work and complex legal advice. Their role includes:

• Representing clients in higher courts such as the Crown Court, High Court, Court of Appeal and Supreme Court
• Presenting oral arguments and legal submissions
• Examining and cross-examining witnesses
• Advising solicitors and clients on difficult points of law
• Drafting legal opinions and pleadings

Traditionally, barristers are instructed by solicitors, but direct access allows clients to instruct barristers without a solicitor in some cases.

Context:
Barristers’ specialist advocacy skills are particularly important in serious criminal cases and complex civil disputes, where persuasive oral argument and legal expertise are essential.

Regulation of Barristers

Barristers are regulated by the Bar Standards Board (BSB), which:

• Oversees qualification and training
• Sets professional and ethical standards
• Investigates complaints and imposes discipline

The Bar Council represents barristers’ interests but does not regulate them.

Legal Executives

Role of Legal Executives

Legal executives are qualified lawyers who usually specialise in a single area of law, such as conveyancing, family law or criminal law. Their role includes:

• Advising clients
• Drafting legal documents
• Managing cases
• Representing clients in certain courts

Legal executives often work alongside solicitors and may eventually qualify as solicitors or judges.

Context:
Legal executives provide a more affordable route into legal services and the legal profession, improving access to justice.

Regulation of Legal Executives

Legal executives are regulated by CILEx Regulation, which:

• Sets training and qualification standards
• Enforces a code of conduct
• Handles complaints and disciplinary action

Regulation of the Legal Professions

All legal professions are regulated under the Legal Services Act 2007. The Act aims to:

• Protect consumers
• Maintain professional standards
• Promote competition
• Improve access to justice
• Increase transparency and accountability

The Legal Services Board (LSB) oversees professional regulators such as the SRA, BSB and CILEx Regulation.

The Judiciary

Role of the Judiciary

The judiciary consists of judges who are responsible for:

• Interpreting and applying the law
• Ensuring fair trials
• Managing cases efficiently
• Sentencing offenders in criminal cases
• Developing the law through judicial precedent

Judges must be independent, impartial and legally qualified.

Levels of Judges and Their Roles

Lay Magistrates

• Unpaid volunteers
• No legal qualifications required
• Hear summary offences and some civil cases
• Sit in panels of three
• Assisted by a legally qualified clerk

Context:
Lay magistrates promote community involvement and reduce the cost of justice.

District Judges (Magistrates’ Courts)

• Legally qualified
• Paid professionals
• Sit alone
• Hear more complex or lengthy magistrates’ cases

Circuit Judges

• Hear cases in the Crown Court and County Court
• Try serious criminal cases
• Hear fast-track and multi-track civil cases
• Pass substantial sentences

High Court Judges

• Sit in the High Court
• Hear complex civil cases
• Hear serious criminal trials
• Hear appeals from lower courts

Court of Appeal Judges

• Hear civil and criminal appeals
• Correct errors of law
• Create binding precedents

Supreme Court Justices

• Highest judges in the UK
• Hear appeals on points of law of public importance
• Clarify and develop the law
• Do not hear trials

Separation of Powers

The doctrine of separation of powers divides power between:

• The legislature (Parliament)
• The executive (government)
• The judiciary (courts)

This separation prevents any one body from becoming too powerful and protects the rule of law.

Context:
The Constitutional Reform Act 2005 strengthened separation by removing the Lord Chancellor’s judicial role and creating the Supreme Court.

Judicial Independence

Judicial independence ensures judges can make decisions without pressure or influence from the government, Parliament or the parties involved.

How Judicial Independence Is Achieved

Security of Tenure

Judges cannot be easily removed from office. Senior judges may only be removed by a resolution of both Houses of Parliament, protecting them from political retaliation.

Immunity from Suit

Judges cannot be sued for decisions made in their judicial capacity, allowing them to make decisions without fear of personal liability.

Independence from the Other Two Arms of the State

Judges are independent from both:

• The executive
• The legislature

This prevents political interference in judicial decision-making.

Independence from the Case

Judges must be impartial:

• No personal interest in the case
• No bias or appearance of bias
• Must follow the principles of natural justice

Evaluation of the Judiciary

Advantages of Judicial Independence

• Ensures fair and impartial trials
• Upholds the rule of law
• Protects individual rights
• Maintains public confidence

Criticisms and Disadvantages

• Judges are unelected and may be seen as unaccountable
• Lack of diversity within the judiciary
• Conservative approach to legal reform
• Judicial independence may reduce democratic oversight

A-Level Law Exam Tips

For high marks:

• Apply accurate legal terminology
• Link independence to fair trials and legitimacy
• Evaluate whether regulation protects the public
• Use examples to support arguments