Barristers And Solicitors (A01) Flashcards
Describe background of barristers
- 12.7k in uk self employed
- 3000 hired by organisations such as CPS
- controlled by bar council. (The bar)
4 stages of training
- Academic
- Vocational
- Practical
- Post qualification
What are the 2 academic stages?
•Law degree:
Must study compulsory modules, most common route and quickest to become a barrister.
• Degree in another subject:
Can complete a degree in another subject and complete GDL which covers core topics
What are the compulsory modules in a law degree?
- Tort law
- Criminal law
- Contract law
- Public law
- EU law
- Equity + trusts
- Land law
What’s the vocational stage for barristers
Complete BPTC
Cost between 9.5k and 15k
Teaches skills needed to become barrister.
Eg. Advocacy skills, legal research ,negotiation skills.
Join 4 inns of court + dine 12 times or attend residential if not possible
What are the 4 inns of court?
- Lincoln’s inn
- Inner temple
- Middle temple
- Greys inn
What happens after BPTC is passed?
Barrister is called to bar and is a qualified barrister
What’s the practical stage for barristers?
- Must gain pupillary which is basically on the job training
- Shadows a barrister for 12m
- Paid around 12k a year
What’s the post qualification stage for barristers?
Finally take part in programme of continuing education organised by Bar Council
What is the vocational stage for solicitors (all others steps are identical)
Completes one year LPC
avg. cost is 12,000 a year
Emphasis on business management
Learn key skills (same as barrister)
What’s the practical stage for solicitors?
- Must gain a training contract
- Work for 2 years for a solicitors firm
- Gain experience in at least 3 areas of law
- Paid minimum of 16,650
AT THE END ADMITTED AS A SOLICITOR BY LAW SOCIETY + NAME ADDED TO THE ROLL
What’s the post qualification stage for solicitors?
- 20 day professional skills course + continuous development.
- Can apply for higher courts qualification but only after advocacy skills are assessed.
- Register with solicitors regulatory authority.
What are the key factors of barristers work/role?
Controlled by GENERAL COUNCIL OF BAR regulated by BAR STANDARDS BOARD and must be a member of INNS OF COURT
- Tenancy
- Direct access
- Cab rank rule
- QC
What is a tenancy?
Most self employed barristers have a tenancy and work out of chambers with a clerk to organise admin.
What’s direct access?
Used to have to go to a solicitor to get a barrister but now is direct access to them for civil cases but not criminal or family. Gotta complete training for this
What is the Cab Rank Rule?
Rule that all barristers are obliged to accept work in their field regardless of identity of client or nature of case.
What is QC?
To apply to become a member of QC - has to have been a barrister for 10 years. Take high profile cases which get much higher fees
What is a barristers advocacy?
All barristers have full rights of audience (can talk in court).
Can still complete legal research wrote opinions and draft documents.
What are the key facts of solicitors work/role
- 136k in uk and Wales. 90k are in private practice.
- newly qualified will first be assistant or associate solicitor.
- represented by law society and controlled by solicitors regulatory authority.
What would a small high street firm generally practice?
- Consumer problems
- Housing + business
- Family problems