Barristers and Solicitors Flashcards
State a definition of a barrister and solicitor
Unlike other countries the legal professionalsis divided into 2 main categories
-Barristers and -Solicitors
Both can do similar work, for example advocacy and legal paperwork but they differ in the amount of time dedicated to this work, with Barristers spending much more time in court
As of Feb 2024 how many practising barristers were there?
Just over 17500 in england and wales ( most are self-employed in indepedence practise though some are employed by the CPS for instance) collectibely known as the “bar”
What are barristers?
Specialist legal advisers and courtroom advocates
Often solicitors will refer the barrister work, it is also possible for a member of the public to go directly to a barrister under a scheme known as “direct public access”
What work do Barristers do?
Main work is advocacy, they have the right of audience in all courts in england and wales most commonly work as self-employed in a chambers
Why was the direct access portal introduced?
Following critisms of expesnes of hiring two lawyers as used to have to first go to a solicitor = unneccessary expense
This was later extended from jsut professionals being able to brief a barrister to anyone in 2004 under “public access”
What is the Cab rank rule?
Viewed as a bedrock obligation
It means that the barrister is obliged to accept any work in the filed in which they are competent, therefore there is no conflict of interest as well as promoting access to justice as this means a client will not be deprieved of a advocate because the case could be seen as objectionable or unpopular
What are the most common praticse areas for barristers?
Criminal, family and commerical law
Can Barristers practise in the youth courts?
Yes but they need special permission from the Bars standards Board
Why do Barristers play such a signifcant role in the administration of justice?
=Help to maintain the rule of law
they are indepedent, onjective and trained to advise clients on the weaknesses and strengthens of their case
When are barristers eligable for judical appointment?
15 years to work in the supreme court
What is the bar council?
Professional body for barristers, it overseas the qualifications of barristers, presents the bars view to the government
When was the Bars Standard Board established by the Bar council?
2006 to regualte the profession
it upholds the bars code of conduct
State a case that supports that barristers can be sued for negligennce
Hall
HL held that lawyers can be liable for neglignce in the conduct of advocacy in court or the preparation of court work in repsect of written advice or opinions
This had overruled the previous case of Randell
Where it was orignially held that barristers were not liable as their first duty was to the courts and they msut be “free to do their duty fearlessly and indepdently”
However in the case of Moy
It confirmed that an element of leniency is appropriate when determining if a barrister is at fault as it was noted that an advocate cannot grantee the outcome of litigation and so where clear advice was given the courts should be slow to impose blame on advocates
What board governs the training of barristers?
The Bar Standards Board
What are the 3 components to training to become a barrister?
1) The academic stage
2) Vocational stage
3)The puillage
What is the academic stage (degree) of becoming a barrister?
=Qualifying law degree knwn as the LLB (incldues 7 complusory subjects including public, tort and crime
Or a non -qualfiyng degree or a non - law degree
The degree should at least be a 2:2 classification to give the student a competitve chance of progressing to the next stage
What is the Vocative Stage of becoming a barrister?
Must pass bar course aptitude test which looks for critical thinking and reasoning
Students msut complete a post graduate diploma in Bar practising
Bar course costs around £12,000-£17,000
ALL students must be a member of one of the four inns of court
-Lincoln’s Inn
-Inner Temple
-Middle Temple
-Gray’s Inn
What is the work based stage of becoming a barrister?
Pratical on the job training
Pupilage is divded into two parts- first 6 months willbe “non-practising” ans srudents shadow the supervisor and in the following 6 moths it will be “practising” where the student provides the legal service and appers in court
As of April 2024 how many solicitors were there in england and wales?
165,742
What is the work of solicitors?
Direct contact with clients to provide expert legal advice and assistance
Solicitors do most of their advocacy in the Mags adn County courts, originally the did not have full right of audience upon qualification
HOWEVER now the Courts and Legal Service Act 1990 and Access to Justice Act 1999 changed this
What must a solicistor do before becoming an solicitor advocate?
Complete extra training
Under what act can solicitors be eligible for judical appointment?
Courts and Legal Service Act 1990
What is the training for becoming a solicitor?
As of 2021:
1) Degree
2)SQE1 and SQE2
SQE1 tests “functiona legal knowledge”
SQE2 tests pratical legal skills
3) Qualifying Work experience
=2 years work experience
4) Admitted to role
OR…………..
Solicistor Apprentice
What is CILEX?
Chartered Institution of Legal Executves
-non-graduate route
What is the Law society?
Protects and suport solicitors rights
What happened in the case of Griffiths?
Cs solicistor failed to make the correct application in divroce proceedings agaisnt her husband. As a result she lost financially and the solicistor was ordered to pay £21,000 in compensation
What happened in the case of white?
A father wanted to make a will and send a letter which the solicistors recieved in July but had not done anything by the time of death in September, As a result the daughters did not get their inheritence, they successfullu sued the solicitor
How much experience must Barristers or Solicistors have to apply ot become a Kings Counsel?
10 years
What is the Kings Counsel?
Under takes more important and complex cases and therefore command higher fees
Who appoints the Kings Counsel?
Indepedent selection panel
What is the idea of fusion?
To merge the roles of barristers and solicitors together so that there is a single legal professional
What did June Venters a member of the previous Queen counsel state about fusion?
Supported the idea
“I have always believed that there should be a fusion of the two legal professions. I see myself as an advocate and have been a silk for 10 ears. Being qualified in both epitomises that view”
What was Andrew Walkers (member of Kings Counsel) state about the idea of fusion?
“The seperation remains for a reason… the bars focus is advocacy and on the expertise of running trials whereas solicitors primarly focus on the transactional work”
What are the advantages of fusion?
-Costs would be reduced
-There would be less duplication of work
-The system would be more efficent and have greater continuty
-Univeristy students would not ahve to decide which branch of the profession to join
What are the disadvantages of fusion?
-It would lead to the loss of independent bar
-Specialsit skills might be lost
-The second opinion of a barrister on a case can bring an element of objectivity
What is the legal services board?
Independent body
that regualtes the regulatory bodies
What does the Office for legal complaints do?
Created the Legal Ombudsam which is a free one stop shop for anyone wishing to complain about a lawyer or complain about how your compliant has been dealt wth by the regulatory bodies
-they deal with around 7000 cases per year
-approaches complaints as “non-legal”, speedy and informal manner
-it can compel parties to co-operate, apologise and award up to £50,000 compensation
