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Y1-Law 2 > 6- Legal Personnel > Flashcards

6- Legal Personnel Flashcards

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1
Q

What are the 3 types of legal personnel?

A
  1. Barrister
  2. Solicitors
  3. Legal executives
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2
Q

What is the civil service?

A

Helps gov develop and implement its policies as effectively as possible.

Made up of public officials who advise and assist gov. ministers in the running of their departments

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3
Q

What is the CPS?

A

Prosecutes criminal cases on behalf of the state.

Is independent of the police and gov

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4
Q

Give some background info about barristers

A

About 12,700 self-employed in independent practice in England and Wales

About 3,000 barrister employed by organisations such as the CPS, independent businesses, local gov and civil service

Collectively known as ‘the Bar’ and controlled by their own professional body: General Council of the Bar

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5
Q

What are the 4 Inns of Court?

A

All barristers must be members of one of them:

  • Lincoln’s Inn
  • Inner Temple
  • Middle temple
  • Gray’s Inn

All situated near the Royal Courts of Justice in London

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6
Q

What is a barrister’s approx. fee range?

A
  • less than 5 years experience: 75-125/h + VAT
  • 5-10 years experience: 125-275/h + VAT
  • 10-15 years experience: 150-450/h + VAT
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7
Q

What is advocacy?

A

Art of conducting a case in court as the legal representative of another person

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8
Q

What are the rights of audience?

A

Right to present a case in court on behalf of another person

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9
Q

What is the training of barristers?

A
  1. Entry to Bar usually degree based, if degree not in law, necessary to take the
    - Graduate Diploma in Law or
    - Common Professional Examination
  2. All student barristers also have to pass the Bar Professional Training Course
  3. Once students pass course, they are ‘called to the Bar’- means they are qualified barristers
  4. Still a practical stage in training: pupillage
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10
Q

What do students study in the Bar Professional Training Course?

A
  1. Case preparation legal research
  2. Written skills
  3. Opinion writing (giving written advice)
  4. Drafting documents such as claim forms
  5. Conference skills (interviewing clients)
  6. Negotiation
  7. Advocacy
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11
Q

What does barrister pupillage consist of?

A

After student passes the course, there is ‘on the job’ training where trainee barrister becomes a pupil to a qualified barrister

This involves work-shadowing that barrister, and can be the same barrister for 12 months or with 2 different ones for 6 moths each

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12
Q

How do self-employed barristers work?

A

Those practising at the Bar are self-employed but usually work from a set of chambers where they can share administrative expenses with other barristers- most set of chambers fairly small (15-20 barristers)

They will employ a clerk as a practice administrator- booking in cases and negotiating fees- and they will have other support staff.

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13
Q

What is the role of barristers?

A

Most concentrate on advocacy. Barristers have full rights of audience- however, some specialise in areas such as tax an company law, and will rarely appear in court

Even those who specialise in advocacy will do a certain amount of paperwork, writing opinions on cases, giving advice and drafting documents for use in court.

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14
Q

What is meant by direct access?

A

Originally, anyone who wanted to instruct a barrister had to go to a solicitor first

It was though to create unnecessary expense for clients, as it meant they had to use 2 lawyers instead of 1

No longer necessary in civil cases, although in the majority of cases it still happens- not allowed in criminal cases

To do direct access work, barrister must do additional training

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15
Q

How do employed barristers work?

A

Can be employed by gov organisations, Civil service, local gov and businesses

In particular CPS employs a large nº of barristers- have the same rights of audience as self-employed barristers

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16
Q

What can barristers do for you?

A
  • represent you in court or tribunal
  • give you legal advice
  • draft legal documents for you
  • advise you on formal steps taken in court proceedings, and draft formal documents used in these proceedings
  • negotiate on your behalf and can attend employment, police or investigative hearings where appropriate
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17
Q

Give some background info about solicitors

A

About 130,000 solicitors practising in England and Wales

Controlled by own professional body: Law Society

Of 130,000 about 90,000 are in private practice and rest are in employed work, such as local gov, Civil service, CPS or private business.

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18
Q

What is the training of solicitors?

A
  1. Usual for a solicitor to have a law degree, although those with a degree on another subject can take the:
    - Common Professional Examination or
    - Graduate Diploma in Law
  2. Legal Practice Course- includes training skills such as client interviewing, negotiation, advocacy, drafting documents and legal research- emphasis on business management
  3. After passing of the course, they must obtain a training contract.
19
Q

What involves the solicitors’ training contract?

A

Must obtain one under which they work at a solicitors’ firm for 2 years, getting practical experience

Training period can also be undertaken in other legal organisations such as the CPS or the legal department of a local authority

Once trainee complete training contract they will be admitted as solicitors by the Law Society

20
Q

Where do solicitors work?

A

Majority in private practice in a solicitors’ firm- as a sole practitioner or in a partnership- about 9,500 solicitor firms, ranging from small practice to big city firms
Nº of partners in law firms isn’t limited, some of biggest firms have over 100 solicitors as well as employing assistant solicitors

Others might decide to:

  • work in CPS or local gov or gov department
  • become legal advisers in businesses
  • About 40,000 solicitors are employed
21
Q

What is the type of work a solicitor does depending on the type of firm they work in?

A
  1. Small high street firms- general practice advising clients on a whole range of topics such as consumer problems/housing/ business/ family
    - will spend some time interviewing clients and negotiating on their behalf and a large amount of time dealing with paperwork, including
    - writing letters on behalf of clients
    - drafting contracts
    - drawing up bills
  • Solicitors might even represent client in court
  1. Solicitor (even in small firms) might specialise in one particular field- within firms solicitors may have their own area of expertise
    - in large cities there will be more specialisation with departments dealing with 1 aspect of law
22
Q

What is conveyancing?

A

Legal side of buying and selling flats, houses, office buildings and land- before 1985 solicitors had monopoly on conveyancing

This changed by the Administration of Justice Act 1985 which allowed other people to become licensed conveyancers

  • as a result of increased competition, solicitors had to reduce fees, but even then they lost a large proportion of their work
  • led to a demand of wider rights of advocay
23
Q

What is meant by briefing a barrister?

A

When it’s necessary to go to court solicitor may decide to brief a barrister to do the case- solicitors may also go to barristers for opinion in complex cases

24
Q

What is the relation between solicitors and rights of advocacy?

A

Have always been able to act as advocates in MC and County Courts, but rights of audience very limited in higher courts

This changed in 1990, when solicitors in private practice could apply for a certificate of advocacy which allows them to appear in higher courts

25
Q

When is the certificate of advocacy to solicitors granted?

A

If solicitor:

  1. has experience in advocacy in MC and County Court
  2. Takes a short training course
  3. Passes examinations on the rules of evidence

Solicitors with an advocacy qualification are also eligible to be appointed as Queen’s Counsel

26
Q

What is the overlap of barristers and solicitors?

A

Traditionally solicitors were office based and barristers were focused on presenting cases in court.

Solicitors can now apply for right of audience in courts, but only 6,500 solicitors have higher rights of audience

Person with a civil dispute can now go directly to barrister

Barrister will do preparation work which previously only solicitors could do

27
Q

What is the Queen’s Counsel?

A

After at least 10 years as barrister or solicitor with advocacy qualification can apply to become QC

Approx. 10% barristers practising at the Bar are QC

Becoming one is known as ‘taking silk’

QC usually take on + complex and high profile cases than junior barristers (everyone who isn’t QC is junior) and can command higher fees for their recognised expertise

Often will have a junior barrister to assist with the case

28
Q

Give background to legal executives

A

Over 20,000 legal executives practising

Work in solicitors’ firms as assistants

Qualified lawyers who have passed the Institute of Legal Executives’ Professional Qualification in Law

Specialise in a particular area of law

29
Q

What is the training of legal executives?

A
  1. Necessary to pass the
    - Professional Diploma in Law and
    - Professional Higher Diploma in Law

and to have worked in a solicitors’ firm or other legal organisation for at least 5 years

  1. Person will then become a Fellow of the Chartered Institute of Legal Executives and can go on to become a solicitor- in order to do this they will have to pass the Law Society’s Legal Practice Course, but they might be given an exemption from the 2 year training contract
30
Q

What is the role of legal executives?

A

Especialise in particular area of law- within the area day to day work similar to that of a solicitor, though they ten to deal with more straightforward matters

They:

  • handle various aspects of property transfer
  • assist in the formation of a company
  • draft wills
  • advise people with matrimonial problems

Also have some rights of audience

31
Q

What are the 3 practicing certificates by which legal executives obtain wider rights of audience?

A
  1. Civil Proceedings Certificate
  2. Criminal …
  3. Family…

These allow legal exec. to do such matters as make an application for bail or deal with cases in the Youth Court or Family Court of the MC

32
Q

How do legal executives make money?

A

They are fee earners- when working for a firm, their work is charged hourly to clients

33
Q

Who oversees all legal personnel?

A

Legal Services Board

34
Q

What is the representative body and regulatory body of each legal personnel body?

A

Barristers:

  • Representative: General Council of the Bar
  • Regulatory: Bar Standards Board

Solicitors:

  • Representative: Law Society
  • Regulatory: Solicitors Regulatory Authority

Legal executives:

  • Representative: Chartered Institute of Legal Executives (CILEx)
  • Regulatory: CILEx Regulation Board
35
Q

Explain the General Council of the Bar

A

Repr. body of barristers

Promotes Bar’s high quality specialist advocacy and advisory services

Represents interests of Bar- Bar’s views on different issues

Promotes fair access to justice for all, highest standard of ethics, equality and diversity across the profession

Was used for disciplining barristers who breached the Code of Practice- this was seen as creating conflict in its roles, so independent Bar Standards Board was created to deal with disciplinary matters and oversee training and education requirements.

36
Q

Explain the Bar Standards Board

A

Reg body of barristers

Sets training and entry standards

Sets out Code of Conduct which barristers should comply with

Investigates any alleged breach of that Code and can discipline barristers who breach it.

37
Q

How can the Bar Standards Board discipline barristers?

A

if matter is serious: referred to Disciplinary Tribunal arranged by an independent Bar Tribunals and Adjudication Service.

Tribunal has several sanctions:

  • reprimand barrister (formal warning)
  • make the barrister complete further profesional development training
  • order barrister to pay fine up to 50,000
  • suspend barrister up to 12 moths
  • disbar barrister (in extreme cases)

If compliant is still unhappy with the decision taken the issue is sent to the Legal Ombudsman

38
Q

Explain the Law Society

A

Repre. body of solicitors

All solicitors are members

Supports interests of solicitors

Speaks to gov, par and the public on a range of legal issues and works to influence policy and legislation

Helps raise profile of profession through campaigns and network

Used to be responsible for hearing complaints about indiscipline by those who had breached the Code of Conduct- conflicting in its roles, problems with delays and inefficiency- independent Solicitors Regulatory Authority created

39
Q

Explain the Solicitors Regulatory Authority

A

Reg body of solicitors

If there is serious misconduct they can put the case before the Solicitors’ Disciplinary Tribunal- if tribunal upholds complaint it can fine/reprimand solicitor and in more serious cases can suspend solicitor from the Roll

In very serious cases it can expel a solicitor from the Roll

If complainant unhappy with decision- Legal Ombudsman

40
Q

Explain CILEx

A

Repre. body of leg. ex

All leg. ex. are members

Provides education, training and development of skills for leg ex.

Protects interests of leg ex, promotes and secures professional standards of conduct.

Publishes a Code of Conduct that must be followed

41
Q

Explain CILEx Regulation Board

A

Reg. body of leg. ex.

When investigation is complete, a summary of the issues is prepared and matter put to the Professional Conduct Panel for consideration

If it decides there has been misconduct it may reprimand or fine member- will refer serious matters to Disciplinary Tribunal

Disciplinary Tribunal can either exclude person from membership, reprimand a member or fine up to 3,000 and costs

42
Q

What is the Legal Ombudsman?

A

Office set up by Office for Legal Complaints to deal with complaints against the legal profession

Deals with complaints against handling of complaints of

  • Bar Standards Board
  • Solicitors Regulatory Authority
  • CILEx Regulatory Board
43
Q

What can the Legal Ombudsman order the legal professional complained about to do?

A
  • apologise to client
  • give back any docs the client might need
  • put things right if there is a way of doing so
  • refund or reduce legal fees
  • pay compensation of up to 3,000
44
Q

What are the main complaints to the Legal Ombudsman about?

A
  • excessive costs
  • deficient info
  • delay
  • failure to follow instructions
  • failure to keep informed

Y1-Law 2 (8 decks)

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