Summary of Comparative Legal Systems and Tort Law

## Introduction The legal profession organises who gives legal advice, represents clients in court, and performs public legal functions. This material compares the main legal roles and career routes in **England and Wales**, the **United States**, and the **Slovak Republic**, highlighting practical duties, training paths, and how professionals interact in everyday practice. > Definition: A legal profession is the set of recognised occupations whose members are authorised to provide legal services, represent clients, and perform related public legal functions within a jurisdiction. ## 1. England and Wales: Split Profession England and Wales use a split system with two primary legal roles: **barristers** and **solicitors**. Judges are appointed from experienced practitioners. ### Barristers (advocates) - Primary functions: - Court advocacy and the right of audience before higher courts - Cross-examination, opening and closing speeches, and oral submissions - Negotiation and advisory work when instructed - Typical workflow: - Receive instruction via solicitors or meet clients directly in some cases - Draft skeleton arguments and appear in hearings - How to qualify (typical route): 1. Law degree or conversion course (1 year) and join one of the Inns of Court 2. Bar training course (qualifying sessions, advocacy practice) 3. One-year pupillage: first six months observing/assisting, second six months taking cases - Practical example: A defendant charged with assault will usually have a solicitor for case preparation; the solicitor instructs a barrister to conduct trial advocacy in Crown Court. > Definition: "Right of audience" means the legal entitlement to appear and argue a case on behalf of a client in a particular court. ### Solicitors - Primary functions: - First point of contact for clients; legal advice, drafting documents, transactional work - Handle conveyancing, wills, corporate contracts, employment matters - Manage litigation files and instruct barristers for higher-court advocacy - Types of work: - Contentious: disputes, litigation, arbitration - Non-contentious: property transfers, drafting wills, corporate transactions - Recent change: solicitors now have expanded rights of audience in lower courts in many cases - How to qualify (typical route): 1. Law degree or conversion 2. Solicitors Qualifying Examination (SQE) assessing practical legal skills and knowledge 3. Qualifying work experience (commonly 2 years) and admission to the roll maintained by the Law Society - Practical example: A business hires a solicitor to draft a commercial lease and to negotiate terms; if a dispute goes to trial, the solicitor may brief a barrister. ### Judges - Appointed from experienced solicitors and barristers after many years in practice - Different styles and titles depending on seniority (Magistrates, Circuit Judges, High Court Judges, Court of Appeal, Supreme Court) - No single educational requirement beyond legal qualification; appointment emphasises experience and competence Fun fact: In England and Wales, barristers traditionally wear wigs and gowns in higher courts, a practice that dates back centuries and continues in many hearings. ## 2. United States: Unified Profession In the USA there is a single recognised category: **attorneys (lawyers)** who advise clients and represent them in court. Paralegals assist but cannot appear as advocates in court. ### Attorneys - Roles and sectors: - Private practice in law firms (associates then partners), in-house counsel for corporations, public sector (prosecutors, public defenders), NGOs - Represent clients in trial and appellate courts, draft legal documents, negotiate deals - Career progression in firms: associate → senior associate → partner (often based on billable hours and business generation) - How to qualify: 1. Undergraduate degree (discipline may vary) 2. Law school (Juris Doctor, typically 3 years) 3. Pass the state bar exami