Barristers + Solicitors (A03)

Question 1

💚 OF SOLICITORS AND BARRISTERS TRAINING

Answer 1

💚 degree completed is satisfactory
💚good balance of academic, vocational and practical training
💚training contracts + pupillage give practical experience
💚financial help available
💚training is regulated

Question 2

💚 Degree completed is satisfactory

Answer 2

• law degree covers 6 core. GDL also covers

* all trainees have same knowledge and skill set at beginning of vocational - consistency

Question 3

💚 good balance of A V P training

Answer 3

• LPC and BPTC creates good balance between academic and vocational eg. Work experience placement
• LPC focuses on practical elements students need to be a solicitor eg interviewing and running an office.BPTC does same w advocacy focus

Question 4

💚training contracts and pupillage give students practical experience.

Answer 4

• practical side of training (LPC AND BPTC) enables students to get direct experience of role
• gains important contacts + can network. Most have a mentor which aids development.

Question 5

💚financial help

Answer 5

• although costs are high GDL can be done part time and can work as paralegal to help financially
• increase in legal apprenticeships as well as bursaries and scholarships, ease financial burden and allows all to enter legal profession

Question 6

💚 training is regulated

Answer 6

• whichever degree route is taken, regulated to a degree stsndard, eg bar and law society.
• all trainees are trained to same standard w no inconsistency

Question 7

❤️OF TRAINING PROCESS OF BARRISTERS AND SOLICITORS

Answer 7

❤️cost
❤️over supply 
❤️GDL is unsatisfactory 
❤️to early to specialise 
❤️debt involved

Question 8

❤️cost

Answer 8

• Students have v high costs upon training. Unis charge up to £9k a year
• LPC on average costs 14k and BPTC around 15k. Student needs to support themselves through lengthy process + won’t be paid highly even after qualification. WC students may be dettered

Question 9

❤️over supply

Answer 9

• law is growing in popularity and only limited places on LPC AND BPTC. Limited spaces for training contacts and pupilage.
• 2014-15 over 1.5k taking BPTC but only 422 pupillages available. Lack of jobs at end of training process means high unemployment rates.

Question 10

❤️GDL unsatisfactory for non-law graduates.

Answer 10

Many thing GDL isn’t sufficient grounding for law. May not be as knowledgable which = inconsistencies.

Omrod comm. (1971) reported main entry route should be thru a law degree. One critic said abt doctors only practicing for a year.

Question 11

❤️Too early to specialise

Answer 11

• Decision to be a barrister or solicitor needs to be taken early to decide LPC or BPTC. Lots of pressure on students.
• can mean students make wrong decision which could result in waste of money or variable quality if student is unsure if decision.

Question 12

❤️Debt

Answer 12

large costs involved means students are in large amounts of debt. big impact on career and finding employment.

large concentration of law firms are in london where rent is high.

Question 13

💚ADVANTAGES OF COMPLAINTS PROCEDURES

Answer 13

💚wide range of complaints procedures
💚effective results achieved
💚independence
💚more power

Question 14

💚wide range of complaints procedures (complaints)

Answer 14

• Both professions are controlled independently by own bodies. Clemente report
• If client is unsatisfied there’s alternatives. Easily accessible.

Question 15

💚effective results achieved (complaints)

Answer 15

• Bar standards board can order a barrister to apologise or repay fees + solicitors regulation authority can put case b4 disciplinary tribunal
• Customers can also sue B and S for negligent advocacy- feel like they’ve been compensated for their loss.

Question 16

💚independence (complaints)

Answer 16

Bar standards board and regulation authority are independent bodies

No conflict of interest - greater use of lay representation on bodies which used to consist of B and S

Question 17

💚more power (complaints)

Answer 17

💚Legal ombudsman initially had little power dealing w complaints

💚2010 changes to complaints procedure gave legal ombudsman more power so those who complain are more likely to get an impartial and just decision

Question 18

❤️DISADVANTAGES OF COMPLAINTS

Answer 18

❤️not practical/accessible for clients
❤️delay
❤️lack of independence
❤️ineffective results

Question 19

not practical/accesible for clients

Answer 19

most people are reluctant to sue due to cost implications, delays case and will have to hire another solicitor or barrister.

concern/view that complaints board will side with solicitor or barrister so not worth it

Question 20

delay

Answer 20

complaining about a B r S may delay outcome of case and take a lot of time

complaining is costly and can cause great inconvenience esp if case is urgent

Question 21

lack of independence

Answer 21

both professions have their own connected complaints procedures which arent fully independent which could cause conflict of interest

clementi review stated that there should be a new complaints body fully independent which would make it completely impartial

Question 22

ineffective results

Answer 22

low amounts of compensation given, customer is unlikely to redeem financial position they were in initially.

very unlikely that a barrister or solicitor will be dismissed or even reprimanded so delay and stress may not be worth it.

Question 23

ADVANTAGES OF FUSION

disadvantages of separation

Answer 23

• accessibility
• cost
• client satisfaction
• globalisation
• waste of talent

Question 24

accessibility

Answer 24

use of only one professional makes it easier and more accessible to clients. in higher court easier for client as only need to find one source of rep.

client is comfortable with representation and increases their confidence

Question 25

cost

Answer 25

only has to pay for one lawyer, most likely a solicitor as theyre cheaper than a barrister.

cost reduces as all documents are placed in one office which means there are no transfer costs from one office to another.

Question 26

client satisfaction

Answer 26

more confident about representation as theyve known them for longer and no risk of last minute advocate changes

since lawyer has dealt with the case from the start and will have detailed knowledge about the case. confidence in them

Question 27

waste of talent

Answer 27

many solicitors will have brill advocacy experience and not allowing them to advocate in the higher courts means wasted talent and not promote personal development

giving solicitors higher rights of audience brings the uk into line w other countries

Question 28

globalisation

Answer 28

way legal proffession operates is changing due to globalisation. many firms operate on a international level so dealing w one person makes communication and organisation easier.

one person can build strong relations with client abroad if they have the skill set of both a solicitor and a barrister.

Question 29

DISADVANTAGES OF FUSION

advantages of seperation

Answer 29

• inadequate training and experience
• loss of second opinion
• lack of respect
• may not be cost effective
• oversupply

Question 30

inadequate training and experience

Answer 30

solicitors do LPC an barristers to BPTC which concentrates more on advocacy skills, solicitors may be at a disadvantage.

may lead to solicitors producing poorer work as they haven’t has as much exp. as barristers.

Question 31

loss of second opinion

Answer 31

only one legal proffessional means the client lacks an impartial second opinion

can lead to client being unsatisfied with the work they recieve leading to inconvenience

Question 32

lack of respect

Answer 32

many judges dont regard solicitors with the same rights of advocacy that they do as a trained barrister which leads to judges predjudice.

may also be that juries dont take solicitors advocates as seriously because they dont wear wigs (load of shite)

Question 33

may not be cost effective

Answer 33

since there are greater demands upon the solicitor meaning they my charge more per hour - increasing number of solicitors charging as much as barristers

workload of a solicitor may be too much so additional support may be needed (which slightly defeats the point) and additional money my be required.

Question 34

oversupply

Answer 34

already an oversupply of trainee barristers and solicitors. eg in 2014-15 over 1.5k students taking BPTC but only 422 pupillages available

if proffessions merged there would be even less jobs available and those best suited to the proffession may not be chosen.