6) Solicitors & Barristers Flashcards
Introduction for essay on solicitors
- General practitioners of the law
- Work for law firms unless a criminal prosecution solicitor > CPS
What is the role of solicitors
- Conveyancing (buying and selling land), probate and wills, writing up contracts, starting businesses and advocating in court ( Access to Justice act - 1999, full certificate to advocate in courts)
What routes are there to becoming a solicitor
Either a degree route or a apprenticeship route
What the the degree route of becoming a solicitor require
Start of with a LLB, if you did a law based degree, if not you will do a conversion course referred to as a GDL
Then you will do a SQE, which is two sets of 3 exams so 6 in total - during this period which you will do 2 years worth of qualifying work experience as recognised by the SRA
What the the apprenticeship route of becoming a solicitor require
You’ll start of with needing required grades - Aleves or BTECs
- CiLex course (Par 3 and 6) however, you may only be required to do one if the qualifications are enough for what you are doing
Alongside, doing the CiLex course you will work in a solicitors firm as a paralegal
And then are able to branch into 2 roles, become a legal executive (operates in 1 area of the law) or a Solicitor and will need to do an SQE, but are exempt from some of the exams + require 2 years with of work experience however, this in itself will come from the apprenticeship
(approx, 6-7 years)
Who will regulate solicitors code of conduct
SRA - Solicitors regulation authority
What do the SRA do
Ensure solicitors work fairly and in line with the high standards, protect the public and make sure that solicitors remain working under the authorities code of conduct
What reprimands and powers do the SRA have
- Issue a £2,000 fine
- Write a written reprimand
- Shut down firms
- Sue a solicitor under negligence
- Under the solicitors disciplinary tribunal they can suspend or completely remove a solicitor from their role
Introduction for essay on barristers
- Specialists of the law (work in one area)
- Self employed unless a criminal prosecution barrister then they will work for the CPS
- Work in chambers, and must be a member of one of the 4 inns or court
What is the role of barristers
- Main role is to advocate in court, they can also meet with clients, write options, draft contracts
- Since 2004 - direct access, no longer have to go through a solicitor to get a barrister can now straight away access a barrister
- Work under the cab rank rule, they cannot refuse a case where it is under their specialism
What routes are there to becoming a barrister
Only 1 route which is the degree route
What is the degree route of becoming a barrister
- LLB law based degree, if not you do a conversion course GDL
- BPTC (Bar professional training course) after which you do a Pupillage which is 2 x 6month placements with a mentor (on the job training)
Then you are called to the Bar and must dine in your inn or court 12 times in one year in order to help networking
Who regulates barristers
BSB - Bar standards board
What do the BSB do
Ensure barristers ahead to the Boards code of conduct and they regulate their professional practise
What reprimands and powers do the BSB have
If issue referred to the disciplinary tribunal
- Issue a £50,000 fine
- Write a written reprimand
- Provide and ensure further development training is undertake
- Suspend for 12 months or completely disbar a barrister
What are the BSB constantly responsible for
- Education and training requirements for becoming a barrister
- setting the standards for conduct
- setting continuous training requirements to ensure barrister maintain their skills throughout their career
