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
what is a solicitor working in this type of practice likely to spend time doing?
interiewing clients
writing letter on behalf of clients
drafting conracts leases or other legal documents
how do solicitors gain advocacy
can stand in mag and county court but rights have been extended by COURTS AND LEGAL SERVICES ACT 1990.
those in private practice can apply for certificate of advocacy after further raining and makes them eligble to apply for QC.
what is the overlap between barristers and solicitors?
used to be B in court and S in office but now changed:
both can present in court if S granted advocacy
civil cases can go to both S and B
both have negotiation and drafting documents
key facts of queens council
after 10 years, with advocacy qual can apply for QC (take silk)
about 10% of barristers are QC = complicated cases and higher fees an high profile
often QC will have assistant with case known as junior barrister.
old appointment of QC
until’04 appointed by lord chancellor but critisised for being too secretive
less than 10% women an d small ehtnic minorities which negtively impacted composition
New appointment of QC
selection now done by independent selection panel which involves interviews and references then sent to lord chancellor
application fee was $2160 and appointment fee was $3600.
positive impact on diversity as now 15% are women and .5 are ethnic minorities.
Legal executive key facts
20k who work in solicitors firm as assistants. Qualified lawyers who have passed the institute of legal executives proff qual in law .
qual and training of legal executives
has to pass Proffesional diploma in law
They must’ve worked in a solicitors firm for at least five years
Can be a solicitor but must pass LPC
Legal executive Role
Specialise in particular area of law
Work charged at an hourly rate
Legal executive specialised matters
Advise clients on criminal law property transfers deal with formation of companies draft wills
Legal executive advocacy
Some rights of audience as can make application. However since 2008 can do advocacy course
What are the three ways to complain against barristers?
Direct to Chambers. Legal ombudsman. Bar standards board
Why would a client go direct to Chambers to complain about a barrister?
If the client is not satisfied with the work of a barrister all legal chambers have a Clerk
Why would someone go to the legal ombudsman to complain about a barrister?
Complaints about poor service e.g. losing documents or bad communication decision is legally binding
What was the legal ombudsman set up by?
Office for legal complaint under legal services act 2007
What can the legal ombudsman order?
Order barrister to apologise, return any documents, refund or reduce legal fees/and or pay compensation of up to £30,000
Why would someone go to the bar standards board to complain about a barrister?
Deals with complaints if barrister has breached the pass code of conduct e.g. acting dishonestly
What can the bar standards board do for complaint about barristers?
I can discipline any barrister matter serious it will be written referred to a disciplinary tribunal
What can a tribunal do for complaint against barristers?
Reprimand barrister, make them complete further training, what a bastard to pay fines of up to £50,000, suspend the doorstep for the spa then
Is it possible to sue a barrister for negligence?
A person can sue the barrister for negligence for work done out of court as in SAIF ALI V SYDNEY MITCHELL AND CO
What happened in saif ali v Sydney Mitchell and co?
If I was to go wrong advice on who to see with the result that it was too late to start proceedings
What Three steps can someone take in complaining against a solicitor?
Direct office
Legal ombudsman
Solicitors regulation authority
Why would someone complained about the office?
The work of a solicitor complaint direct to the company.
Why might some complaint to the legal ombudsman
Exactly the same as barristers
Why might someone complain to the solicitors regulation authority?
(If the matter is not resolved by office) To deal with complaints about professional misconduct of solicitors if they have breached one or more of the SRA principles e.g.acting dishonestly or failing to keep information confidential
What may happen if there is serious misconduct of a solicitor?
The case will be put before the solicitors disciplinary tribunal. The tribunal confiner upon the solicitor I am very serious cases striking of the role.
Is it possible to stay with solicitor?
It’s possible to sue a solicitor breach of contract e.g. failure to do work. E.g. Griffiths v Dawson
What happened in Griffiths V Dawson?
Failed to make correct application in divorce proceedings. They then lost financially. Solicitors had to pay £20,000 compensation
What are the two places in which someone can complain against a legal executive
Executives and members of the chartered Institute of legal executives ( C I LEx) So can’t complain to CI LEX Regulation board
What happens when there is a complaint to C I LEX regulation board?
They will investigate complaints of legal executive. The issue will be investigated and given to the professional conduct panel.. If there’s been misconduct then it may reprimand or warning member
What happened to serious matters of misconduct?
It will be referred to the disciplinary tribunal if you can’t exclude person for membership, reprimand or warn the number, or finding and up to £3000 plus costs
Where can a person go after satisfied about the handling of the complaint against a legal executive?
They can go to the legal ombudsman which is exactly the same as barristers and solicitors.
