SAN BEDA COLLEGE

ALABANG SCHOOL OF LAW

MUNTINLUPA CITY
LEGAL PROFESSION
1. What are the two branches of the legal profession in England and
Wales as well as in Scotland and North Ireland?
In England and Wales, the legal profession is divided into two branches,
namely solicitors and barristers.
2. Distinguish Solicitors and Barristers (7)
1. Solicitors are officers of court while barristers are members of the Inns of
Courts
2. Supervision and control over attorneys and solicitors belong to judiciary
and legislature or parliament. Judges delegate to barristers the control
over education, administration, and discipline of lawyers
3. Barristers have monopoly of the right of the audience in superior courts.
The higher judicial offices and law offices of the crown (atty-general and
solicitor-general) are filled from the ranks of barristers
4. Barristers have no monopoly of advocacy, Solicitors have the right of
audience on magistrate and country courts
5. The work of barristers are focused on advocacy and consultations, they
are consulted as experts by solicitors.
6. A solicitor can practice in partnership while a barrister should work as an
individual
7. The client can only approach, consult, or instruct a barrister through a
solicitor.
8. Solicitors must be British while Barristers may be of any nationality.
3. What is the central representative organization of barristers since
1894 and what is the function of such organization?
The General Council of the Bar comprised of the Attorney-General and
Solicitor-General for the time being, former holders of those offices, 48
barristers (of varying seniority) elected by the whole body of the bar and not
more than 6 members coopted by the Council, has been a central
representative organization of barristers since 1894. The Council is a
consultative and deliberative body. Its Annual Statement contains ruling

on matters of professional conduct and etiquette but it has no

disciplinary powers of enforcement nor has it control over the
education or admission of bar students
4. What should a person wishing to be called to the bar do?
A person wishing to be called to the bar must join one of the Inns of Court
5. What are the four Inns of Court?
The four Inns of Court are namely, Lincolns Inn, the Inner Temple, the Middle
Temple and Grays Inn

6. What are the other requirements?

He must pass a test of general education and must fulfill certain conditions of
fitness and respectability. He must also keep a certain number of terms
(generally twelve) which involves nothing more than dining in hall on a
number of days in each term, 4 terms a year and he must pass a qualifying
exam of a largely theoretical nature.
7. What are the two ranks dividing the bar?
The Bar is divided into two ranks: Queens Counsel who wear silk gowns and
are called Silks or Leaders; and all other barristers who are called
Juniors.
8. Who recommends the Queens Counsel preliminary to elevation to
the judiciary?
Q.Cs are appointed on the recommendation of the Lord Chancellor and the
appointment in general is a necessary preliminary to elevation to the judiciary
9. Who undertakes certain work such as settling pleadings?
Court appearance by a Q.C. is not compulsory and certain work such as
settling pleadings is only undertaken by Juniors
10. What is the main classification of a practicing barrister?
The main classification of practicing barrister is into the Chancery and
Common Law Bars. Any barrister can undertake work in any division.
11. How many circuits are there outside London and who are members of
a circuit?
There are 8 circuits outside London each of which has its own bar. Nearly all
common law barristers are also members of a circuit. A barrister belongs to
one circuit and a barrister who is not a member of the circuit cannot hold a
brief upon it unless he is paid a special fee in addition to his normal brief fee
and unless a member of the circuit is briefed with him.
12. What is the governing body of the solicitors profession?
the Law Society is the governing body of the solicitors profession
13. Enumerate the necessary training for a solicitor as laid down by
Parliament thru statute.
The necessary training for a solicitor has been laid down by Parliament thru
statute. The intending solicitor is required to serve a period (normally 5 years
but was reduced to 3 years for university graduates) under article of clerkship
or apprenticeship with a solicitor engaged in the practice of law. The intending
solicitor is required to pass a preliminary exam in general knowledge, an
intermediate and a final exam in law, and an exam in bookkeeping and trust
accounts. Before he can enter into articles, he must get the consent of and
must satisfy the Law Society of his character, suitability, and fitness to do so.

14. In what organization does Parliament place the management and

control of examinations for solicitor?
The management and control of examinations for solicitor has been place by
Parliament to the Law Society.

15. What powers are granted to the Law Society?

The Law Society which is empowered to make regulations governing syllabus,
appointment of examiner and kindred matters
16. Who approves the regulations issued by the Law Society? What is the
effect of the objection of any of the two?
The regulations must be approved by the Master of the Rolls, the Lord
Chancellor and the Lord Chief Justice. The objection of any of the two is fatal.
17. What is the requirement before the articled clerk can take the final
exam?
Before taking the final exam, the articled clerk must have attended a course
of legal education at a law school approved by the Law Society.
18. What is the duration of the required course of legal education?
The required course of legal education has a duration of one year, either parttime at the approved law school or full time at the law Societys School of Law.
19. After equalization, what is the requirement before a solicitor is
allowed to practice?
Even if a solicitor has qualified, he is not allowed to practice unless he takes
out an annual practicing certificate or license.
20. Which organization is directed by Parliament to make rules dealing
with the money accounts kept by solicitors?

Parliament has also directed the Law Society to make rules dealing with the
money accounts to be kept by solicitors
21. What is the governing rule regarding monies in trust?
By these rules which apply to all solicitors, all clients monies or monies in
trust where the solicitor is a sole trustee, which are held by a solicitor, must
be kept in a bank entirely apart from the solicitors own monies and the
solicitor must keep adequate books of account to enable clients monies at all
times to be distinguished from the solicitors own money. One clients own
money must not be used, save with his consent, to finance another client
22. What is required to ensure compliance?
To insure compliance, each practicing solicitor is required to submit annually
to the Law Society a certificate signed by a member of one of the recognized
accountancy bodies to the effect that the rules have been complied with.
23. What is the fountainhead of the legal profession?
Legal education is the fountainhead of the legal profession.
24. What are the three major legal systems that meet in the Philippines?
In the Philippines, the worlds three (3) major legal systems meet. Roman Civil
Law and Canon Law introduced through Spain, English Common Law through
the United States and Islamic Law from Islamic part of the world.
25. Define legal education.
Legal education refers to the formal training which goes into the making of a
lawyer.
26. Which has taken over the continuing legal education of the judiciary?
With regard to the judiciary, the PhilJA has taken over the continuing legal
education of the judiciary