Barristers Flashcards

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1
Q

What is the training route for barristers

A

A levels

Law degree 3y 8kpy 7 core subjects

Bar professional training course
1ft 2pt 10k case preparation advocacy drafting

Join inn of court greys Lincoln inner middle dine 12 times meet others

Pupillage any chambers 12 months paid 1/2 of trainee solicitor shadow a barrister after 6 months have their own case

Done

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2
Q

Barristers are referred to as

A

The bar

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3
Q

The professional body that represents the bar

A

The general council of the bar

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4
Q

Can client and barrister sue

A

Client and barrister can’t sue as no contract is set out

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5
Q

Can barristers be sued other ways

A

Barristers can be sued for negligence case : saif Ali v Sydney Mitchell and co 1980 wrong advice given

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6
Q

Who deals with complaints

A

Legal ombudsman set up in 2010 and are completely impartial

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7
Q

Punishment for negligence to lawyer

A
Apologise 
Give document back 
Put things right 
Refund fees 
Pay up to 30k
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8
Q

Who regulated the profession

A

The bar standards board

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9
Q

Council of the inns of court can punish by

A

Suspend from practice or disbar barristers

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10
Q

How many barristers are there

A

12,000 and a further 3,000 in in the cps and local government

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11
Q

How do barristers work

A

Since 2004 the bar has granted direct access to anyone in civil cases so you now no longer need to see a solicitor to instruct a barrister.

Direct access is still not allowed for criminal cases or family work!!!

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12
Q

What is the cab rank rule

A

If a case related to a barristers area is there and the barrister is free they have to take the case. Like a can rank

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13
Q

When does the cab rank rule not apply

A

When the client goes directly to the barrister or would require investigation or support services which they cannot provide Only then they can turn down a case

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14
Q

When can a barrister or solicitor become part of the qc

A

A barrister or solicitor can back me part of the queens council after 10 years if the solicitor has an advocacy qualification.

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15
Q

Why does the qc do

A

Take on more complicated cases which generally high profiled ones conpared to junior barristers
Can command higher fees for their expertise
Often qc will have a junior barrister assist

About 10% of the bar are qc
Becoming a qc is known as taking silk

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16
Q

Until 2004 how did you become a qc

A

Qc was appointed by lord chancellor but was criticised for being too secretive
Lower percentages of women and low ethnic minorities

17
Q

The new appointment system

A

Appointments now made by independent selection panel
Cost : £2,500
Once interviewed the panel makes recommendations to the lord chancellor

18
Q

First appointments of qc

A

Made in 2006 175 people out of 443

19
Q

What is happening to the composition of the qc

A

Becoming more diverse should lead to a more fair judiciary

20
Q

How many barristers are there

A

12,000 and a further 3,000 in in the cps and local government

21
Q

How do barristers work

A

Since 2004 the bar has granted direct access to anyone in civil cases so you now no longer need to see a solicitor to instruct a barrister.

Direct access is still not allowed for criminal cases or family work!!!

22
Q

What is the cab rank rule

A

If a case related to a barristers area is there and the barrister is free they have to take the case. Like a can rank

23
Q

When does the cab rank rule not apply

A

When the client goes directly to the barrister or would require investigation or support services which they cannot provide Only then they can turn down a case

24
Q

When can a barrister or solicitor become part of the qc

A

A barrister or solicitor can back me part of the queens council after 10 years if the solicitor has an advocacy qualification.

25
Q

Why does the qc do

A

Take on more complicated cases which generally high profiled ones conpared to junior barristers
Can command higher fees for their expertise
Often qc will have a junior barrister assist

About 10% of the bar are qc
Becoming a qc is known as taking silk

26
Q

Until 2004 how did you become a qc

A

Qc was appointed by lord chancellor but was criticised for being too secretive
Lower percentages of women and low ethnic minorities

27
Q

The new appointment system

A

Appointments now made by independent selection panel
Cost : £2,500
Once interviewed the panel makes recommendations to the lord chancellor

28
Q

First appointments of qc

A

Made in 2006 175 people out of 443

29
Q

What is happening to the composition of the qc

A

Becoming more diverse should lead to a more fair judiciary