Courts in every country are described as bodies of consisting of various roles which can settle

legal disputes, among people, corporations, or otherwise. There are two principal legal figures in

a court, and they are the lawyers and the judges. This essay shall talk about these two principal

figures and in order to do so, it shall discuss the roles that each of them hold in courts.

One of the main roles of the judges is that they make use of precedence to rule in a case. This is

known as the common law doctrine. Judges set a precedent by passing a judgment and lower

courts in the hierarchy of courts are bound to follow the ruling set by higher courts. For example,

the case of Carlill v Carbolic Smoke Ball Co (1893)1 has become a landmark case in knowing

whether there is a binding unilateral offer presented as an advertisement containing specific

terms for a reward2. Therefore, the same principle is applied for similar cases in courts. Judges

also have the role of interpreting statutes. They have to apply whatever Acts that the Parliament

has passed. In some cases such as DPP v Jones(1999)3, the judge interpreted a statute to

overturn a decision made in a previous court.

Another main role of the judge is to uphold the rule of law. Under this principle, it is said that no

one is above the law and that therefore, the law is supreme. Under the rule of law, judges have to

operate independently of the Parliament, the media, influencial individuals and corporations.4

The main case under the rule of law is the Case of Proclamations(1610)5. This case is the
1
Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256

2
Shepherd and Wedderburn LLP - Guy Harvey, “Four Landmark Cases That Changed the Legal Landscape in the UK
| Lexology” (www.lexology.com2017) <https://www.lexology.com/library/detail.aspx?g=d6bc0d06-609c-4a50-
9dd6-8ebbe0e998f3>.
3
DPP v Jones [1999] UKHL 5
4
“Upholding the Rule of Law: How We Preserve Judicial Independence in the United Kingdom | the NewJurist”
(newjurist.com) <https://newjurist.com/how-we-preserve-judicial-independence-in-the-united-kingdom.html>
accessed April 8, 2021.
5
Case of Proclamations (1610) 12 Co Rep 74; 77 ER 1352.
landmark case when it comes to Royal Prerogatives. The judge was impartial in ruling that a

monarch does not have the right to change any laws without the consent of the Parliament. This

shows that the judge made an unbiased judgement. Moreover, when ruling for a case, a judge

must be impartial and put aside his personal interest when making a decision.6

The lawyer is licensed to practice the law and must abide by the law and defend the rights of his

clients. Some of the responsibilities typically associated with a lawyer include: providing legal

advice and counsel, researching and storing information or evidence, drafting legal documents

relating to divorces, wills, agreements and real estate transactions, and prosecuting or defending

in court7. They have to act in their client’s best interest and advise to their clients as to whether

they can win or lose their trial; in other words, they have to be truthful with their clients.

Another main role of a lawyer is to maintain confidentiality with their clients. The fundamental

concept of a lawyer- client communication is that they are confidential 8.Lawyers have a duty to

listen to their clients and follow a code of ethics to keep any of their clients’ information

confidential. If they breach this code, they may lose their license to practice law. 9 They should

not discuss the matter of any cases with someone else other than their client even the police or

the court.10

6
Emily Allbon and Sanmeet Kaur Dua, Elliott and Quinnʹs English Legal System (Pearson Education Limited 2020)
428
7
CareerExplorer, “What Does a Lawyer Do?” (Careerexplorer.comApril 11, 2017)
<https://www.careerexplorer.com/careers/lawyer/> accessed April 8, 2021.
8
Paul Bergman and UCLA Law School Professor, “Your Lawyer’s Duty to Keep Things Confidential” (www.nolo.com)
<https://www.nolo.com/legal-encyclopedia/your-lawyers-duty-keep-things-confidential.html> accessed April 8,
2021.
9
'Contact Law | Find A Solicitor In The UK' (Contactlaw.co.uk, 2020)
10
LawAccess NSW, “The Role of a Lawyer” (www.lawaccess.nsw.gov.au, July 5, 2015)
<https://www.lawaccess.nsw.gov.au/Pages/representing/dealing_with_your_lawyer/the_role_of_a_lawyer.aspx>.
In conclusion, this essay has discussed the role of the two main legal figures in courts; that is the

lawyers and the judges. Both have several roles but however work towards one main objective

which is to bring justice and uphold the rule of law in UK.

WORD COUNT: 716

Rampersand Harsh
M00680137

Bibliography:
PRIMARY SOURCES
CASES
Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256

DPP v Jones [1999] UKHL 5

Case of Proclamations (1610) 12 Co Rep 74; 77 ER 1352.

SECONDARY SOURCES
ONLINE JOURNALS
'Contact Law | Find A Solicitor In The UK' (Contactlaw.co.uk, 2020)
LawAccess NSW, “The Role of a Lawyer” (www.lawaccess.nsw.gov.au, July 5, 2015)
<https://www.lawaccess.nsw.gov.au/Pages/representing/dealing_with_your_lawyer/
the_role_of_a_lawyer.aspx>.
BOOKS
Emily Allbon and Sanmeet Kaur Dua, Elliott and Quinnʹs English Legal System (Pearson
Education Limited 2020) 428

WEBSITES
Shepherd and Wedderburn LLP - Guy Harvey, “Four Landmark Cases That Changed the Legal
Landscape in the UK | Lexology” (www.lexology.com2017)
<https://www.lexology.com/library/detail.aspx?g=d6bc0d06-609c-4a50-9dd6-8ebbe0e998f3>.
“Upholding the Rule of Law: How We Preserve Judicial Independence in the United Kingdom |
the NewJurist” (newjurist.com) <https://newjurist.com/how-we-preserve-judicial-independence-
in-the-united-kingdom.html> accessed April 8, 2021.

CareerExplorer, “What Does a Lawyer Do?” (Careerexplorer.comApril 11, 2017)

<https://www.careerexplorer.com/careers/lawyer/> accessed April 8, 2021.

Paul Bergman and UCLA Law School Professor, “Your Lawyer’s Duty to Keep Things
Confidential” (www.nolo.com) <https://www.nolo.com/legal-encyclopedia/your-lawyers-duty-
keep-things-confidential.html> accessed April 8, 2021.