Respect will preserve bondAre solicitors and barristers becoming welded into one profession? Patrick Walker advocates the professions retaining separate identitiesThe strong growth of in-house advocacy teams within leading firms of solicitors, where barristers and solicitors work side by side in the same office and for the same employer, has encouraged some to argue that fusion of the professions is now a short and inevitable step.However, those debating the issue rarely take the time to ask the view of those in such teams or anyone at the 'coal face'.
Too often the motivation is political and the real consequences are ignored.Advocates who work with me recognise and value the skills and traditions of the 'other' profession.
Sometimes they train together, but they also learn the unique qualities of their own professional body.
Working closely together gives everyone the opportunity to adopt the highest standards of both professions, but never requires a solicitor or barrister to abandon his or her unique heritage.The Inns of Court are unlikely to accept solicitor-advocates into their membership, but few of the solicitor-advocates I know are anxious to join.
The Inns embrace self-employed and employed barristers alike, but they are and can remain a club for the Bar.Of course, the Inns provide high quality advocacy training and it is desirable that solicitor-advocates have access to that.
I have heard little argument to the contrary, perhaps because it is clearly incumbent on everyone in the legal profession to promote the highest possible standards of advocacy.My own Inn, Lincoln's, has reminded me that advocacy training is subsidised for barristers - a fair point.
It is possibly time for the Law Society to puts its hand in its pocket.The ever-increasing challenge of providing flexible and effective legal representation is met by offering the client real choice.
The present system provides choice between solicitor-advocates, employed barristers, and self-employed barristers.
Each plays a valuable part, and those who are most effective work as a closely bonded team, each recognising the qualities of the other.Sadly, what is probably only a vocal minority at the Bar seems determined to create division not only between solicitors and barristers, but among themselves - between the employed and self-employed.
Meanwhile, the title of Queen's Counsel, for which, theoretically at least, all senior advocates are eligible to apply, remains so divisive that a president of the Law Society described the designation as 'outdated, exclusive and no longer has a place in a modern, competitive legal profession'.
It need not be so and could be a mark of respect common to barristers, employed and self-employed, and to solicitors.Such mutual respect is growing daily, and there is an onerous duty on both professions to remain worthy of it.
Nowhere is that better illustrated than in court.All advocates have to cut their teeth and we all make mistakes, but do senior barristers, and judges for that matter, make the same allowances to novice solicitor-advocates as they do to junior barristers? Happily, the answer is 'usually yes'.I recently attended Leeds High Court with a young solicitor who overcame her nerves and presented her case clearly and successfully.
As she left the court, she was approached by a member of the Bar.
I overheard his comment: 'Well done'.
Two simple words of encouragement, spoken with sincerity and without condescension, bridged years of posturing and upheld my faith in my own profession.Those who seek to increase division will not succeed because so many solicitors and barristers who work alongside one another understand just how strong and desirable the bond between the professions can be.Ironically, those who foster division may unwittingly strengthen support for the 'fuse-it-or-lose-it' school of thought.
It is to be hoped that reason, co-operation and mutual respect will prevail.Patrick Walker is a barrister and director of advocacy at the law firm Hammond Suddards Edge
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