There are lawyers and then there are lawyers

The vast bulk of my work involves dealing with solicitors, barristers and legal executives. However, sometimes I also encounter people who describe themselves as “lawyers”.

In the past, I have on occasion been asked “What is the difference between a solicitor and a lawyer?” The answer is that all solicitors are lawyers, but not all lawyers are solicitors. The word “lawyer” covers a very broad range of types of lawyers, from a Supreme Court justice at one end of the spectrum to a someone at the other end  who may be completely unqualified, but who practises law.

Solicitors, barristers and Legal Executives are all lawyers and will all have completed a high level of training to achieve that status. Anybody who holds themselves out as being a solicitor, but who has not been admitted as a solicitor is committing a criminal offence.

There are plenty of solicitors’ firms who employ unqualified lawyers, commonly known as paralegals. There is nothing wrong with that provided that the they are competent, receive regular training and appropriate supervision. Some of them are very good. Some of them will train to become legal executives or solicitors. They are always careful to make sure that their clients know exactly what their status is, and although they are not solicitors, they are regulated by the Solicitors Regulation Authority.

However, there is a breed of lawyer, totally unqualified and unregulated, who hold themselves out as being experienced lawyers, and who deliberately blur the distinction between solicitors and lawyer. On a number of occasions, I have acted for clients who have initially instructed these lawyers, assuming that they were solicitors. They all received an appalling service and very poor value for money. On one occasion, the “lawyer” had even acted for both husband and wife in relation to  separation, something that no solicitors would ever do because of the massive conflict of interest between the parties. These “lawyers” should be avoided like the plague. If you’re not sure if your lawyer is a solicitor, look them up on the Law Society roll.

15 February 2014

Comments are closed.