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Law > Barristers > Flashcards

Barristers Flashcards

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0
Q

What are the training routes to become a barrister?

A

Law degree
Membership of an inn of court-dine or on course
One year full time bar professional training course
Call to the bar
Pupillage

Non law degree
CPE
Membership of an in of court- dine or on course
One year full time bar professional training course
Call to the bar
Pupillage

Non graduate mature student
Two year CPE
Membership of an inn of court- either dine or on course
One year full time bar professional training course
Call to the bar
Pupillage

=practice as a barrister

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1
Q

How many barristers in independent practice and employed in organisations such as CPS?

A

12,000

3,000

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2
Q

What is on the bar professional training course?

A 
Case preparation 
Legal research 
Written skills 
Opinion- writing 
Drafting documents such as claim forms 
Conference skills- interviewing clients
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3
Q

What is pupillage?

A

Pupil of qualified barrister
2x6 months
Continuing education with bar council
After the first six months they can conduct their own cases
Gain Half the amount of salary gained by trainee solicitors

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4
Q

How many barristers work in a set of chambers?

A

15-25

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5
Q

What does the clerk do?

A

Work as a practice administrator- booking cases and negotiating fees- along with other support staff

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6
Q

No room?

A

Squat

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7
Q

What do few barristers specialise in?

A

Tax and company law

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8
Q

What roles do they do?

A

Writing opinions
Giving advice
Drafting documents
Advocacy

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9
Q

Direct access can be gained in which cases?

A

Civil

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10
Q

Can rank rule?

A

Cannot turn down a case if it is the area of law that they work in and are free to take the case
Doesn’t apply it client approaches barrister if investigation or support services are required

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11
Q

After how many years can you take silk?

A

10

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12
Q

How are QC’s selected?

A 
Independent selection panel 
Fee 2,500
References 
Recommend to lc who to appoint 
40-55 more successful
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13
Q

Case example of being able to be sued

A

Saif Ali v Sydney Mitchell and co

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14
Q

Who are the bar standards board?

A

Regulates the profession of barristers
Sets training and entry standards
Sets code of conduct
Investigates any alleged breach of the code
If the matter if serious it will be referred to the disciplinary tribunal of the council of the inns of court

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15
Q

What power does the disciplinary tribunal of the council of the inns of court?

A

Suspend a barrister from practice, disbar barrister from practising

16
Q

What did the legal services act result in?

A

Result of Clementi report
Legal services board- regulator to oversee all legal professionals
Office got legal complaints

17
Q

Role of legal services board?

A

Independent oversight of the legal profession
Chairman and seven to ten members appointed by the secretary of the state
First chair man must be non lawyer majority of members non lawyers
If either regulatory body decides to make major changes to code of conduct or working practices

18
Q

Previous restrictions in the legal profession business structures

A

Barristers and solicitors could not operate from the same business
Lawyers were not allowed to enter into partnership with non lawyers
Non lawyers could not be involved in the ownership or management of a legal business
Legal practices could operate as companies

19
Q

Changes made by legal services act to business structures

A

Legal businesses to include lawyers and non lawyers
Legal businesses to include barristers and solicitors
Non lawyers to own legal businesses
Legal businesses to operate as companies

20
Q

Alternative business structures

A

Can be owned by non lawyers
ABS licence needed
Access to justice must be considered when licence is applied for, preventing commercial businesses picking the most profitable areas of law

21
Q

Advantages of fusion

A

Reduced costs
Less duplication of work
More continuity

22
Q

Disadvantages of fusion

A

Decrease in the specialist skill of advocacy
Loss of the independent bar and lack of availability of advice from the specialists at the bar
Less objectivity in consideration of a case
Can rank principle lost

23
Q

The courts and legal service act 1990 and the accession justice act 1999 mean?

A

Barristers and solicitors can take cases from start to finish

Law (18 decks)

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