11. Legal Personnel Flashcards
What are the 3 routes to become a solicitor
- traditional route
2.
What are the steps for the traditional route?
- A levels/equivalent
- Law degree
- Legal practise course
- Two year training period
What is the second route to become a solicitor?
- A levels/equivalent
- Degree in another subject
- One year law course
- Legal practise course
- Two year training period
What is the third route to become a solicitor?
- Four GCSEs
- Institute of Legal Executives professional diploma
- Institute of Legal Executives professionals higher professional diploma (ILEX).
- Legal practise course
- Become fellow of ILEX (after 5yrs) or 2 yr training period.
What is the work of a solicitor?
Specialising - they may be general practitioners or specialise in one particular field.
Conveying - legal side of transferring houses, buildings, and land.
Advocacy - representing in court
Legal disciplinary partnerships - solicitors can partner up with other professionals to provide a smoother service.
What can solicitors be sued for?
Negligence
What does the Solicitors Regulatory Authority do?
- Investigate complaints
- Refer complaints to a tribunal
How do barristers work and what are they collectively referred to?
Work independently + The Bar
Who are barristers controlled by?
Controlled by their own professional body - the General Council of the Bar.
What must barristers be members of?
One of the 4 ‘Inns of Court’ in London:
- Grey’s Inn
- Lincoln’s Inn
- Inner Temple
- Middle Temple
What do all student barristers have to pass?
the Bar Professional Training Course.
What is pupillage?
- 12 month period
- Shadow a qualified barrister after 6 months
- Then they can appear in court and conduct their own cases.
Work of a barrister
- Work from a set of chambers + share office (10-15 ppl)
Work of a barrister
- Work from a set of chambers + share office (10-15 ppl)
- They advocate in court
How can barristers be recruited?
- Approached directly by client.
- Contacted by solicitor on behalf of client.
- Assigned to a client in criminal prosecution case if defendant has no representative.
What is the ‘cab rank rule’?
A barrister cannot turn down a case if they’re free and if it’s in the area of law they deal with.
What are the 2 regulatory bodies?
- General Council of the Bar - promotes fair access to justice, acts as trade union.
- Bar Standards Board - regulates professional standards, investigates breeches in codes of conduct.
Becoming a Queen’s Counsel
- Must have 10 yrs experience as barrister/solicitor.
- High fees
- Candidates are interviewed, then recommended to Lord Chancellor for appointment.
How do you become a legal executive?
- Candidates take the Chartered Institute of Legal Executives (CILEx) graduate fast-track diploma.
- Must have a law degree/completed a CPE
What is the role of legal executives?
- Specialise in a particular area if law.
- Draft wills
- Advise clients
What are the other ways to become a legal executives?
- Work for a law firm.
- Study part-time for level 3 diploma.
- Start as clerical assistant/legal secretary.
(must work for a further 3 yrs to qualify)
Why are women less likely to progress?
- Lack of flexible working hours
- Traditional/male dominated
- Measurement of success