barristers and solicitors (p.1 Flashcards
what are solicitors?
•work in a firm for an organisation, mostly doing office work, but do have can present cases in the magistrates court or county court
•can also qualify for rights of audience in the higher courts
•give legal advice
how do you qualify to become a solicitor?
•must pass the solicitor qualifying exam
•must pass a two year training contract
who are solicitors regulated by?
soclicitors’ regulatory authority
what are barristers?
•usually self employed but can work for an organisation
•must be a member of one of the four inns court
•most do court work with a full rights audience upon qualification
how do you qualify to become a barrister?
•must be a member of an inns court
•must complete a bar professional training course
•must be called to the bar
•then must do a pupillage
what is the cab rank rule?
barristers must accept any relevant work they are offered
how can an individual apply for the queens council?
barristers must be of ten years standing
what are legal executives
•work in solicitors’ firms or other legal organisations, dealing with straightforward matters and with a limited right of audience
•legal executives are qualified legal professionals who have passed the CILEx examinations
who or what investigates complaints against the legal profession?
the legal services ombudsman
what act give solicitors full rights of audience?
legal services act 2007
who are barristers regulated by?
bar standards board
under what act does the complaint procedure come under?
legal services act 2007
what is the percentage of female solicitors in 2023?
53%
what is the percentage female of barristers in 2023?
40%
what is core duty 5?
•it mandates that barristers act independently representing their clients best interests in court
•core duty 5 is a fundamental principle for barristers, emphasizing the importance of maintaining public trust and confidence in the legal profession.
arguments for fusion
•reduced costs - as only one lawyer would be needed instead of a solicitor and barrister
•more efficient - as only one person would be doing work resulting in less duplication and confusion
•we are one of the only legal systems that operates a divided legal profession
arguments against fusion
•second opinion - a barrister would provide a second opinion
•cab rank rule would be lost - could result in people not being represented
moy v pettman smith 2005
clarified that solicitors aren’t liable for negligence if their advice was reasonable and based on information available at the time
what happened before the legal services act 2007
before the legal services act 2007 solicitors and barristers could not work together and there where restrictions on who could offer legal services
