Barristers Flashcards
What are the 4 parts of work for solicitors?
- Specialising
- conveyancing
- advocacy
- legal disciplinary partnerships
What is specialising?
They can either be general practitioners or specialise in one particular field
What is conveyancing
The legal side of transferring houses, buildings and land. They no longer have the sole monopoly in this are however
What is advocacy?
Representing In court
What are legal disciplinary partnerships?
Solicitors are allowed to partner up with other professionals such as accountants in order to provide a smoother service to the client
What is the law society?
Governing body of solicitors for the past 200 years and all solicitors must be members. Look out for the best interest of solicitors
What is the solicitors regulatory authority?
Organisation who investigate complaints and can refer them to tribunal. In some circumstances, solicitors can be suspended or even struck off
The three routes to become a solicitor
- A levels or equivalent- law degree, legal practise course, two year training period - qualified as a solicitor
- A levels or equivalent- degree in another subject, one year law course (CPE/GDL), legal practise course, two year training period- qualified as a solicitor
- 4 GCSE- institute of legal executives professional diploma, institute of legal professionals higher professional diploma (ILEX), legal practise course, become a fellow ILEX (after 5 years) or two year training period - qualified as a solicitor
Complaints against solicitors
Solicitors can be sued for negligence
The solicitors regulatory authority investigates complaints and can refer them to a tribunal. In some circumstances, solicitors can be suspended or even struck off
Cases: Griffith v Dawson (1993), white v jones (1995)
What must barristers do?
- work independently
- be members of one of the four ‘inns of court’ in London
- pass the bar professional training course
- a 12 month period of ‘pupillage’ after
- after 6 months you shadow a qualified Barristers
What is the ‘cab bank rule’
A barrister can’t turn down a case unless they are approached directly by client and if the case requires further investigation
Where do barristers work?
Independently and usually from a set of chambers where they share offices with maybe 10-15
Regulatory bodies - the general council of the bar
Represents the interests of the profession as a whole. Promotes fair access to justice for all, equality and diversity, as well as business opportunities.
Regulatory bodies - bar standards board
- regulates professional standards
- investigates alleged breechs in codes of conduct
- can impose sanctions, including striking off, suspending or finding barristers
What’s the King’s Counsel
Must have 10 years experience as a barrister or solicitor.
Appointment as King’s Counsel is referred to as ‘taking skill’ and applications are considered by an independent selection panel.
Candidates must pay high fees, be interviewed and then recommended to the lord chancellor for appointment.
The new focus of the King’s Counsel is on encouraging more women and ethnic minority applicants
The King’s Counsel usually take on more complicated and high profile cases
What’s a legal executives
LegL executives deal with various day to day work, similar to that of a solicitor and can specialise in a particular area of law.
They can also go on to become solicitors
How to become a legal executive
Candidates take the charted institute of legal exit graduate fast track diploma to become a chartered member.
They must also have completed a law degree recognised by the solicitors regulation authority within the last 7 years or have completed a common profession examination, or graduate diploma in law , if a non law graduate.
What are the other ways to become a legal executive and what do they do
Work for a la firm and study part time for a level 3 diploma or level 6 professional higher diploma, or start as a clerical assistant or legal secretary.
They then need to work for a further 3 years before qualifying.
Or study for the CLIEx graduate fast track diploma full time, part time or at home
Women and ethnic minorities in the legal profession
Whilst women now form an increasing number of entrants to the legal profession, there are still very few in the higher levels.
Alternative business structure (ABS)
- since the legal services act 2007
- legal business can include lawyers and non lawyers
- they can include barristers and solicitors
- non lawyers can own legal businesses
- legal businesses can operate as companies.
