15-Legal personnel Flashcards
What are the two main types of lawyers in England and Wales?
Solicitors
Barristers
Who is the professional body for barristers?
General Council of the Bar
General Council of the Bar
What is its purpose?
Professional body for barristers
What are the names of the Inns of Court that barristers must be a member of one of to practice?
1) Lincoln’s Inn
2) Inner Temple
3) Middle Temple
4) Gray’s Inn
What is the training process to become a barrister?
1) Law degree or if not in law then Grad Diploma in Law
2) Bar Professional Training Course
3) ‘Called to the Bar’
4) Pupillage-12 months work experience with a barrister
Advocacy definition?
The art of speaking on behalf of someone in Court-legal representation
The art of speaking on behalf of someone in Court-legal representation.
What is this a definition of?
Advocacy
How many barrister do advocacy work?
The majority
What is a large portion of what barristers do for work?
Advocacy
To what extent do barristers have rights of audience?
Full rights of audience
What does ‘full rights of audience’ mean?
Such as that granted to barristers?
Able to represent any case in England and Wales
What is rights of audience?
The right to present a case in Court on behalf of another.
Able to represent any case in England and Wales
What is this called?
Who generally has these rights?
‘Full rights of audience’
Barristers generally although solicitors can now advocate as well.
The right to present a case in Court on behalf of another.
What is this called?
‘Rights of audience’
Direct Access
What does this mean when referring to legal personnel?
Originally, people had to brief barristers via solicitors but this is no longer needed and direct access is allowed. Except in criminal or family cases.
What cases are people not allowed ‘direct access’ to a barrister?
Criminal or family cases.
What is the professional body for solicitors?
The Law Society
The Law Society
The professional body for solicitors.
Training process to become a solicitor.
1) Degree in law-if not in law then Grad. Diploma in Law
2) LPC-Legal Practice Course
3) Training Contract-work in a firm for 2 years
4) After this, admitted as a solicitor by the Law Society
What is the main role/ work of solicitors?
1) Work in private practice at a solicitors firm
2) Legal advisers in commercial or industrial businesses
3) Can specialise in advocacy-and since 1990 includes Higher Courts-Legal Services Act 1990
4) Briefing barristers for advocacy work
Some overlaps between barristers and solicitors?
1) Both can advocate but generally don’t.
2) Up until 1985 only solicitors could do conveyancing work until Administration of Justice Act 1985.
What is the significance of the Legal Services Act 1990 for the work of lawyers?
It allowed solicitors the right to train to advocate in Higher Courts.
What affect/s did the passing of the Administration of Justice Act 1985 have on the work of lawyers?
1) Allowed everyone to train to do conveyancing
2) This lead to solicitors losing monopoly on conveyancing.
3) Leading solicitors to ask for more opportunities for work
4) and hence in 1990 the Legal Services Act 1990 allowed solicitors to train to gain advocacy rights in Higher Courts.
What is meant by ‘Alternative Business Structures’?
Since the Legal Services Act 2007 legal businesses have been allowed to be structured differently from traditional structures.
What did the Legal Services Act 2007 do to change the legal industry?
Introduced the concept of ‘Alternative Business Structures’.
What specific things did the Legal Services Act 2007 change regarding the structure of legal businesses?
Allows:
1) Legal businesses to include lawyers and non-lawyers
2) Legal businesses to include barristers and solicitors
3) Non-lawyers to own legal businesses
4) Legal businesses to operate as companies
- for this companies must apply for licence through Legal Services Board
- Can led to competition from bigger companies like the Co-operative Society
What potentially unintended affect did the Legal Services Act 2007 have on the legal industry?
As it allowed businesses to be owned by non-lawyers and can be companies meant that competition from bigger companies increased such as from the Co-operative Society.
What criteria must be met before a lawyer can become a Queen’s Council (QC)?
Have been serving as a barrister or solicitor (with advocacy rights) for 10 years.
What is a Legal Executive?
Qualified lawyers who have passed the Institute of Legal Execs Professional Qualification.
How does a lawyer become a Legal Executive?
1) Must have worked in a solicitor’s firm or CPS for 5 years.
2) Must pass the Institute of Legal Execs Professional Qualification
Roles of Legal Executives?
1) Property transfer legal details
2) Assist in formation of companies
3) Draft wills
4) Advise people w/ matrimonial problems
5) Advise clients accused of crime
Where do Legal Execs work?
Work in solicitor’s firms as assistants.
Can Legal Executives apply for rights of audience?
Yes, since 2008
What organisation oversees the professional bodies in the legal industry?
Legal Services Board
Legal Services Board
Organisation that oversees the professional bodies in the legal industry.
Which organisation represents barristers in England and Wales?
General Council of the Bar
General Council of the Bar
Represents barristers in England and Wales
Bar Standards Board
For barristers
1) Sets training and entry standards
2) Sets a Code of Conduct
What organisation investigates complaints against barristers and sets their Code of Conduct?
Bar Standards Board
What are some of the punishments the Bar Standards Board can give to barristers?
1) Reprimand-warn
2) Further training
3) Fine up to £50,000.00
4) Suspend for up to 12 months
5) De-bar (rare circumstances)
If a barrister whom has been punished by the Bar Standards Board disagrees with the decision which organisation can they refer to?
The Legal Ombudsman
The Legal Ombudsman
Set up to deal with complaints against lawyers and subsequently complaints by lawyers who claim to have been misrepresented by their bodies.
What organisation represents solicitors?
The Law Society
Apart from representing solicitors in England and Wales, what other role does The Law Society have?
Inform the public and government on the law and protecting the justice system.
Which organisation deals with complaints about solicitors?
Solicitor’s Regulatory Authority
Solicitor’s Regulatory Authority
Investigates complaints against solicitors.
If a solicitor is unhappy with a decision by the Solicitor’s Regulation Authority in punishing them, which organisation can they go to?
The Legal Ombudsman
What organisation represents Legal Executives?
CILEx-Chartered Institute of Legal Executives
CILEx
Chartered Institute of Legal Executives
Represents Legal Executives
What organisation regulates Legal Executives?
CILEx Regulation Board
CILEx Regulation Board
Regulates Legal Executives
