The Legal Profession

There are two branches to the English Legal Profession: the Law Society for Solicitors and the Bar Council for Barristers, although in recent years there seems to have been a move towards fusion.

Profession vs. Occupation?
What makes lawyers and doctors members of a profession whereas good ole plumbers and electricians are considered just occupations?


 * 1) Self Regulation: the legal profession controls both entry to the profession and the disciplining of members. But is this coming to an end since the enactment of the Legal Services Act 2007?
 * 2) High Pay: having a strict entry and control system means that there are no cowboys so professions feel they can charge more.

There are two schools of though as to what makes a profession:

FUNCTIONALIST:

 * Specialised knowledge
 * Long training/organisation
 * Professions serving the public interest
 * A primary commitment to the community.

Which is sharply contrasted with the:

WEBERIAN:

 * Professions act in self interest; to the detriment of the public interest
 * Controlling their market
 * To challenge the essence of competition.

Monopolies & Restrictive Practices

 * 1) Conveyancing Monoply: Up until the Administration of Justice Act 1985 only solicitors could convey land and therefore the Law society had fixed-scale fees to avoid competition between different solicitors. After the AJA though licenced conveyers could do all of the paperwork, so in response the law society allowed solicitors to make their own fees. Competition coming to the legal profession?
 * 2) Rights of Audience: until 1990 only barristers could represent in court. Since the 1990 Courts and Legal Services Act though solicitors have been able to represent as solicitor advocates.
 * 3) Barristers only take instruction from solicitors: if a case goes higher than first instance you need both a solicitor and a barrister (cit.). Although the two councel rule has been relaxed it still exists if it is felt it is needed. The two councel rule is that if a case goes high up in the court system (cit. what court?) then as well as your solicitor and the hired barrister, you are required to hire a junior solicitor as well.

Conclusion
The profession is losing control upon monopolies due to the Labour and Conservative governments' since 1979 obcession with competion in the market. The legal profession is still trying to convince the government that this is a bad idea by playing the cowboy card in pressure groups.