Introduction

 

 

Lawyers are people who take care of our legal matters and represent clients in criminal and civil litigation and other legal proceedings, draw up legal documents, or manage or advise clients on legal transactions. May specialize in a single area or may practice broadly in many areas of law.

 

 

Job Description

 

Barristers 

Barristers are specialists in advocacy and represent individuals or organisations in court. They are independent sources of legal advice and can advise clients on their case. Generally, they are hired by solicitors to represent a case in court and only become involved once advocacy before a court is needed. They plead the case on behalf of the client and the client's solicitor. However, members of the public can go directly to a barrister to ask for advice and representation in court.

 

Barristers usually specialise in particular areas of law such as criminal law, chancery law (estates and trusts), commercial law, entertainment law, sports law and common law, which includes family, housing and personal injury law.

 

Most barristers work on a self-employed basis, while others work in government departments or agencies such as the Crown Prosecution Service and the Government Legal Service. An increasing number of employed barristers work in private and public organisations, such as charities.

 

Self-employed barristers work in offices called chambers, and may have their own office or share one with other barristers.

 

Typical work activities depend on a range of factors, including the area of practice. However, barristers are generally involved in the following tasks:

• taking instruction from clients and their solicitors;

• understanding and interpreting the law;

• mastering and managing legal briefs (cases);undertaking legal research into relevant points of law;

• writing opinions and advising solicitors and other professionals;

• preparing cases for court, including holding client conferences, preparing legal arguments, etc.;

• advising clients on matters of law and evidence and the strength of their case;

• representing clients in court;

• presenting arguments in court;

• examining and cross-examining witnesses;

• summing up the reasons why the court should support the client's case;

• drafting legal documents;

• negotiating settlements.

 

Employed barristers undertake similar activities for one company or client. At more senior levels, they may also become involved with the development of legal policy and strategy.

 

 

Barrister's Assistant

A barrister's clerk is responsible for running the administration and business activities of a barrister's chambers. The role is integral to the success of a set of chambers, both as a legal practice and as a business.

 

Barristers' clerks must be familiar with court procedures and etiquette and they also develop an expertise in the type of law undertaken by their chambers.

 

This demanding but rewarding role requires a combination of commercial acumen, legal knowledge and strong interpersonal skills. The term 'clerk' is historical and does not accurately reflect the level of responsibility, coordination of workload, marketing and financial management undertaken. As a result, clerks in some chambers may have other job titles, such as practice assistant or assistant practice manager.

 

The role is very varied and can range from basic clerical work to complicated fee negotiation. Key areas of activity cover:

• diary and practice management - all activities relating to the barrister getting to and from court;

• fees management - ensuring barristers’ fees are created for the work they do and are collected;

• business development and marketing - carried out by clerks to maintain the supply of work;

• compliance matters - clerks need to be aware of the standards that chambers have to adhere to and appropriate accreditation.

• finding statutory and case law materials;

• carrying books, papers and robes to court;

• delivering urgent documents to other chambers;

• making travel and accommodation arrangements for barristers when necessary;

• general administrative duties.

• discussing with a client the most appropriate barrister to take the case in terms of specialisation, particular abilities, experience and availability (being aware of any potential conflict of interest where barristers from the same chambers are representing opposing parties);

• negotiating the fees to be charged with the instructing solicitor;

• planning the timetable of a case in detail, taking into account factors such as preparation time, conferences (i.e. meetings with instructing solicitors and clients) and estimated number of days in court;

• arranging meetings on behalf of the barrister with the instructing solicitor and client to discuss the case;

• informing the client's solicitor of progress and, in case of a delay, renegotiating the agreed timetable of work as required;

• planning the workload of each barrister to avoid clashes of court times;

• proactively seeking work for the chambers by keeping in touch with solicitors and undertaking other marketing activities, such as holding seminars and hosting events;

• referring cases to more appropriate chambers when a lack of specialist expertise could jeopardise the outcome of the case;

• maintaining awareness of cases that are likely to be coming to the chambers, especially major criminal cases;

• keeping up to date with specific areas of law and the specialisms of the barristers within the chambers;

• running business activities and the administrative systems of chambers to meet quality standards;

• researching information using the internet and paper-based sources;

• using court listings and computer-based diary systems to plan workloads;

• keeping accounts and arranging the collection of case fees;

• discussing with junior barristers the areas of law in which they wish to develop expertise and allocating relevant cases to them.

 

 

Chartered Legal Executives

Chartered legal executives are qualified lawyers, specialising in particular areas of law, with at least five years' experience working under the supervision of a solicitor. This can be either in a legal practice or the legal department of a private company, or local or national government.

 

They have their own client files and, as fee-earners in private practice, their work is charged directly to the client. This is an important difference between chartered legal executives and other legal support staff.

 

The most common specialism areas are:

conveyancing;

civil and criminal litigation;

family law;

corporate law;

public law

 

 

Duties vary considerably according to specialism and managerial responsibilities. However, typical work activities are likely to involve:

• attending client meetings;

• interviewing and advising clients and witnesses;.

• explaining complex legal matters to clients;

• corresponding with, and on behalf of, clients;negotiating on behalf of clients;

• analysing, researching and summarising legal information;

• collecting information for the preparation of legal documents;

• preparing documentation for the conveyancing of property, matrimonial, probate and/or litigation work;

• drawing up wills and drafting contracts;

• issuing writs and tasking summonses;

• advising and preparing documentation on the legal aspects of setting up a new business;

• calculating inheritance tax, working out the sums and explaining the terms of wills to beneficiaries;

• liaising with fellow professionals from courts, legal practices, banks and accountancy firms;

• conducting advocacy in County and Magistrates' Courts;

• acting as commissioners for oaths for the swearing of legal documents;

• attending court to assist barristers and solicitors with the presentation of cases;

• preparing accounts on behalf of a legal practice;keeping up to date with changing legislation;

• filing and indexing paperwork;

• assigning and supervising the work of junior staff.

 

 

Company (Legal) Secretaries

Company secretaries are responsible for ensuring that an organisation complies with standard financial and legal practice and maintains standards of corporate governance. Although they are not strictly required to provide legal advice, company secretaries must have a thorough understanding of the laws that affect their areas of work.

 

They act as a point of communication between the board of directors and company shareholders, reporting in a timely and accurate manner on company procedures and developments.

 

Public limited companies are legally required to employ a company secretary and many private companies also have the role. Positions can be found across all sectors and in the public sector this role often has the title chartered secretary or simplysecretary.

 

A company secretary's role covers a wide variety of functions and these depend, in part, on the company for which they work. Typical tasks include:

• organising, preparing agendas for and taking minutes of board meetings and annual general meetings (AGMs);

• maintaining statutory books, including registers of members, directors and secretaries;

• dealing with correspondence, collating information and writing reports, ensuring decisions made are communicated to the relevant company stakeholders;

• contributing to meeting discussions as and when required, and advising members of the legal, governance, accounting and tax implications of proposed policies;

• monitoring changes in relevant legislation and the regulatory environment and taking appropriate action;

• liaising with external regulators and advisers, such as lawyers and auditors;

• taking responsibility for the health and safety of employees and managing matters related to insurance and property;

• developing and overseeing the systems that ensure the company complies with all applicable codes, in addition to its legal and statutory requirements.

 

The work of a company secretary in a registered company may be more specialised than in a smaller private company. For example, the liaison role with shareholders and compliance responsibilities may make up a major part of the work and may include:

• maintaining the register of shareholders and monitoring changes in share ownership of the company;

• paying dividends and managing share option schemes;

• taking a role in share issues, mergers and takeovers.

 

In small businesses, other duties commonly undertaken by company secretaries may include:

• monitoring the administration of the company's pension scheme;

• overseeing and renewing insurance cover for employees, equipment and premises;

• entering into contractual agreements with suppliers and customers;managing office space and property as well as dealing with personnel administration;

• overseeing public relations and aspects of financial management.

 

 

Licensed Conveyancers

Licensed conveyancers are property law specialists who work on behalf of clients buying or selling property (houses, flats, business premises or land). They deal with all the legal matters, administration, finance and queries involved in a property transaction.

 

Tasks involved in the work of a licensed conveyancer include:

• taking instructions from clients;

• sending terms of engagement and estimates of fees and disbursements;

• obtaining or checking Land Registry documents or title deeds (if the land is unregistered);

• drafting or checking sales contracts and agreeing terms with the conveyancer acting for the other party to the transaction;

• collating and sending or checking supporting documents;

• exchanging contracts and completing the transaction;

• dealing with all financial aspects of a transaction;

• if the property is leasehold, obtaining the landlord's agreement to the sale or the change of mortgage and dealing with apportionments of rent and service charges.

 

 

 Patent Attorney 

A patent attorney assesses whether inventions are new and innovative and therefore eligible to be patented. They work using the disciplines of science, law and language, and lead individual inventors or companies through the required process to obtain a patent and then act to enforce inventors' rights if patents are infringed.

 

Patents are granted by the government and give inventors the right to prevent other parties from using or copying their invention for up to 20 years. The majority of patent attorneys work in private firms, with the rest employed by large manufacturing organisations across many branches of industry or in government departments.

 

Patent attorneys are also trained broadly across the range of intellectual property rights and so are usually able to advise on a number of related issues. They also have the same rights as solicitors and barristers to conduct litigation and act as advocates in the Patents County Court.

 

Patent attorneys are also known as patent agents.

 

The nature of the work depends on whether the attorney is advising private clients or is employed by a large organisation to protect their products but, broadly speaking, activities include:

• discussing inventions and processes with inventors or manufacturers and ascertaining whether they are likely to succeed in being granted patents;

• studying and analysing scientific or technical documents, including previously granted patents, to assess whether an invention is new and innovative;

• writing detailed descriptions of inventions in precise legal terms (patent drafts);

• suggesting modifications or extensions to the definition of the invention;

• applying for patents , often presenting complicated technical arguments;

• preparing responses to reports from patent examiners;

• ensuring application and renewal deadlines are met;

• conducting litigation in proceedings at the EPO or in the Patents County Court;

• advising overseas agents on applications for foreign patent applications;

• advising on whether business activities will infringe someone else's patent rights;

• dealing with assignments of patent when a patent is sold or transferred;keeping up-to-date with legal developments in the intellectual property field;

• advising on other intellectual property rights, e.g. designs or trade marks;tutoring and mentoring trainee patent agents.

 

 

Solicitors

Solicitors provide expert legal support and advice to clients. They take instructions from clients and advise on necessary courses of legal action. Clients can be individuals, groups, public sector organisations or private companies.

 

• Depending on their area of expertise, solicitors can advise on a range of issues, including:

• personal issues - for example, buying and selling residential property, landlord and tenant agreements, wills and probate, divorce and family matters, personal injury claims and criminal litigation;

• commercial work - such as helping new enterprises get established, advising on complex corporate transactions (including mergers and acquisitions) and business-related disputes;

• protecting the rights of individuals - making sure they receive compensation if unfairly treated by public or private bodies.

 

Once qualified, solicitors can work in private practice, in-house for a commercial or industrial organisation, in local or national government or in the court services. Specific work activities will vary depending on the setting. Activities will also depend on the solicitor's area of specialism and the nature of the case. However, typical activities can include:

• meeting and interviewing clients to establish the firm's suitability to provide the necessary advice and services, based on the firm's specialism and likely cost;

• taking a client's instructions;

• advising a client on the law and legal issues relating to their case;

• drafting documents, letters and contracts tailored to the client's individual needs;

• negotiating with clients and other professionals to secure agreed objectives;

• researching and analysing documents and case law to ensure the accuracy of advice and procedure;

• supervising the implementation of agreements;

• coordinating the work of all parties involved;

• corresponding with clients and opposing solicitors;

• attending meetings and negotiations with opposing parties;acting on behalf of clients in disputes and representing them in court, if necessary;

• instructing barristers or specialist advocates to appear in court for the client in complex disputes;

• preparing papers for court;

• working in a team, sometimes referring cases to the head of department;

• supervising and delegating work to trainee solicitors, paralegals and legal secretaries as appropriate;

• arranging and attending further client meetings where necessary to progress with the case and finalise documentation;

• checking all documentation prior to signing and implementing;

• calculating claims for damages, compensation, maintenance, etc;

• administrative duties, e.g. completing time sheets so that charges for work can be calculated and billing clients for work done on their behalf;

• taking referrals from other firms of solicitors when a conflict of interest arises or if they have no specialist practitioner available;

• keeping up to date with changes and developments in the law by reading journals and law reports;

• undertaking a range of continuing professional development (CPD) activities.

 

 

Tax advisers

Tax advisers use their knowledge of tax legislation to provide advisory and consultancy services to clients, ensuring that they pay their taxes in the most efficient way and benefit from any tax advantages and exemptions. They keep up to date with changing tax laws and explain complicated legislation and its implications to their clients in simple terms.

 

There are two main types of tax advice:

corporate - working for business clients to make sure they are not paying any more tax than is necessary;

personal - providing advice to individual clients, some of whom are private clients with large assets.

 

The work is detailed and complex, and tax advisers quickly develop expert knowledge in areas such as corporate, personal, international and inheritance tax, National Insurance, VAT, and trusts and estates.Clients include large and small companies, partnerships, trusts and individuals.

 

Tax advisers can work in compliance, ensuring a client meets all tax obligations by preparing and submitting tax returns, tax computations and any other necessary forms. Alternatively, they may work in consultancy, advising clients on how to minimise their tax liabilities.

 

The work of a tax adviser depends on the nature and size of the employer. Larger accountancy firms, for example, tend to adopt a structure that permits greater specialisation, whereas in smaller companies the work may be more varied.

 

Initially, a graduate within a tax advisory role might focus on compliance activities, for example, completing tax returns and calculating the amount payable, with movement towards consultancy and specialisation as their career develops.

 

Typical areas of activity include:

• researching, analysing and interpreting changing tax legislation ;

• meeting with clients and collating information;

• working with tax law and revenue provisions;

• preparing and submitting compliance (tax) returns by the deadline;

• liaising and negotiating with HM Revenue & Customs (HMRC) on behalf of the client;providing consultancy services to high value private clients;

• creating tax strategies for clients and planning their financial futures;

• carrying out detailed computations to calculate tax liability and advising on how to minimise a client's liability;

• establishing and structuring family trusts;

• estate planning and advising on tax residence and domicile matters;

• providing guidance on indirect taxation issues such as VAT, customs planning and environmental taxes;

• producing reports and presentations for clients.