6- Legal Personnel

Question 1

What are the 3 types of legal personnel?

Answer 1

1. Barrister
2. Solicitors
3. Legal executives

Question 2

What is the civil service?

Answer 2

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

Question 3

What is the CPS?

Answer 3

Prosecutes criminal cases on behalf of the state.

Is independent of the police and gov

Question 4

Give some background info about barristers

Answer 4

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

Question 5

What are the 4 Inns of Court?

Answer 5

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

Question 6

What is a barrister’s approx. fee range?

Answer 6

• 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

Question 7

What is advocacy?

Answer 7

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

Question 8

What are the rights of audience?

Answer 8

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

Question 9

What is the training of barristers?

Answer 9

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

Question 10

What do students study in the Bar Professional Training Course?

Answer 10

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

Question 11

What does barrister pupillage consist of?

Answer 11

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

Question 12

How do self-employed barristers work?

Answer 12

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.

Question 13

What is the role of barristers?

Answer 13

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.

Question 14

What is meant by direct access?

Answer 14

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

Question 15

How do employed barristers work?

Answer 15

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

Question 16

What can barristers do for you?

Answer 16

• 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

Question 17

Give some background info about solicitors

Answer 17

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.

Question 18

What is the training of solicitors?

Answer 18

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.

Question 19

What involves the solicitors’ training contract?

Answer 19

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

Question 20

Where do solicitors work?

Answer 20

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

Question 21

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

Answer 21

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

2. 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

Question 22

What is conveyancing?

Answer 22

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

Question 23

What is meant by briefing a barrister?

Answer 23

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

Question 24

What is the relation between solicitors and rights of advocacy?

Answer 24

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

Question 25

When is the certificate of advocacy to solicitors granted?

Answer 25

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

Question 26

What is the overlap of barristers and solicitors?

Answer 26

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

Question 27

What is the Queen's Counsel?

Answer 27

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

Question 28

Give background to legal executives

Answer 28

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

Question 29

What is the training of legal executives?

Answer 29

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 2. 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

Question 30

What is the role of legal executives?

Answer 30

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

Question 31

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

Answer 31

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

Question 32

How do legal executives make money?

Answer 32

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

Question 33

Who oversees all legal personnel?

Answer 33

Legal Services Board

Question 34

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

Answer 34

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

Question 35

Explain the General Council of the Bar

Answer 35

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.

Question 36

Explain the Bar Standards Board

Answer 36

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.

Question 37

How can the Bar Standards Board discipline barristers?

Answer 37

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

Question 38

Explain the Law Society

Answer 38

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

Question 39

Explain the Solicitors Regulatory Authority

Answer 39

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

Question 40

Explain CILEx

Answer 40

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

Question 41

Explain CILEx Regulation Board

Answer 41

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

Question 42

What is the Legal Ombudsman?

Answer 42

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

Question 43

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

Answer 43

- 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

Question 44

What are the main complaints to the Legal Ombudsman about?

Answer 44

- excessive costs - deficient info - delay - failure to follow instructions - failure to keep informed