1A.3.4 Regulation of legal professions Flashcards
The General Council of the Bar
The General Council of the Bar represents barristers in England and Wales. It promotes the bar’s specialist advocacy and advisory services.
It acts as a “trade union” representing the interests of the bar and makes the bar’s views on issues (such as legal aid payment rates) known to the appropriate government departments.
The Bar Standards Board
The Bar Standards Board sets training and entry standards but also regulates the barrister’s profession. It sets out a Code of Conduct that barristers have to comply with.
The Board investigates any alleged breach of the Code of Conduct. It can discipline any barrister who is in breach of the Code. If the matter is serious, it will be referred to a Disciplinary Tribunal arranged by an independent Bar Tribunals and Adjudication service.
Sanctions the Bar Standards Board disciplinary tribunal can impose
- Reprimanding the barrister (formal warning)
- Making the barrister complete further professional development training
- Ordering the barrister to pay a fine
- Suspending the barrister for up to three years
- In extreme cases, disbarring the barrister – striking off
If a complanant is unhappy with the decision of the Bar Standards Board, what can they do?
Make a complaint to the Legal Ombudsman.
Barristers’ liability
A barrister enters a contract with a client on the Direct Access scheme and such client can sue for breach of contract. A barrister can be liable in negligence for a poor quality of advocacy (but this must be more than just losing a civil claim or being convicted in a criminal case).
The Law Society
The Law Society acts as the governing body of solicitors. It exists to support, promote and represent all solicitors so they can help their clients.
It acts as a “trade union” representing the interests of the profession and makes the profession’s views on issues (such as legal aid payment rates) known to the appropriate government departments.
It works to influence policy and legislation to make sure it protects its members, the public and the justice system.
It has supported solicitors in England and Wales for over 200 years
All practising solicitors must be members.
Solicitors Regulation Authority
Solicitors Regulation Authority
The Solicitors Regulation Authority deals with complaints about professional misconduct of solicitors.
It will investigate any complaints and if evidence of serious professional misconduct is found, they can put the case before the Solicitors Disciplinary Tribunal.
If the Solicitors Disciplinary Tribunal upholds a complaint, what can it do?
- Fine
- Reprimand
- Suspend
- Strike off from the role
Solicitors’ liability in contract and negligence
As a solicitor deals directly with a client a contract is entered into. This means that:
- If the client does not pay, the solicitor has the right to sue for outstanding fees.
- The client can sue the solicitor for beach of contract if the solicitor for breach of contract if the solicitor fails to do the agreed work.
- The client can also sue the solicitor for negligence if they suffer loss due to poor quality of work. It was decided in Hall v Simons (2000) that loss suffered as a result of negligent advocacy can also be claimed.
- Solicitors can be liable in negligence to persons who are not their clients but who are affected by the negligent work. This is shown in White v Jones (1995).
Hall v Simons (2000)
Loss suffered as a result of negligent advocacy can be claimed.
Chartered Institute of Legal Executives (CILEx)
All legal executives are members of CILEx. This organisation provides training, education and development of skills for legal executives. It also protects the status and interests of legal executives.
How does CILEX regulate legal executives?
CILEx publishes a code of conduct and guides of good practise but regulation of members is done by the CILEx Regulation Board, which investigates complaints about legal executives.
When an investigation is complete, a summary of the issues is prepared and the matter is put to the Professional Conduct Panel for consideration. The Panel will decide if there has been misconduct. If there has been
The panel will decide if misconduct happened. If it has not, the complaint will be rejected. If misconduct was found to have happened, the legal executive may be warned or reprimanded.
Powers of CILEX to discipline legal executives
- Exclude a person from membership
- Warn/reprimand the member
- Order the legal executive to pay a fine of up to £3,000 and legal costs.
Legal Ombudsman
The Legal Ombudsman regulates all of the legal professions (barristers, solicitors and legal executives).
It deals with the complaints against the handing of complaints by the Bar Standards Body, Solicitors Regulation Authority and CILEx Regulation Board.
When was the Legal Ombudsman set up?
It was set up by the Office for Legal Complaints – itself set up by the Legal Services Act 2007 - to deal with complaints against the legal profession.
