Barristers + Solicitors (A03) Flashcards
💚 OF SOLICITORS AND BARRISTERS TRAINING
💚 degree completed is satisfactory
💚good balance of academic, vocational and practical training
💚training contracts + pupillage give practical experience
💚financial help available
💚training is regulated
💚 Degree completed is satisfactory
- law degree covers 6 core. GDL also covers
* all trainees have same knowledge and skill set at beginning of vocational - consistency
💚 good balance of A V P training
- 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
💚training contracts and pupillage give students practical experience.
- 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.
💚financial help
- 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
💚 training is regulated
- 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
❤️OF TRAINING PROCESS OF BARRISTERS AND SOLICITORS
❤️cost ❤️over supply ❤️GDL is unsatisfactory ❤️to early to specialise ❤️debt involved
❤️cost
- 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
❤️over supply
- 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.
❤️GDL unsatisfactory for non-law graduates.
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.
❤️Too early to specialise
- 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.
❤️Debt
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.
💚ADVANTAGES OF COMPLAINTS PROCEDURES
💚wide range of complaints procedures
💚effective results achieved
💚independence
💚more power
💚wide range of complaints procedures (complaints)
- Both professions are controlled independently by own bodies. Clemente report
- If client is unsatisfied there’s alternatives. Easily accessible.
💚effective results achieved (complaints)
- 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.
💚independence (complaints)
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
💚more power (complaints)
💚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
❤️DISADVANTAGES OF COMPLAINTS
❤️not practical/accessible for clients
❤️delay
❤️lack of independence
❤️ineffective results
not practical/accesible for clients
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
delay
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
lack of independence
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
ineffective results
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.
ADVANTAGES OF FUSION
disadvantages of separation
- accessibility
- cost
- client satisfaction
- globalisation
- waste of talent
accessibility
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
cost
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.
client satisfaction
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
waste of talent
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
globalisation
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.
DISADVANTAGES OF FUSION
advantages of seperation
- inadequate training and experience
- loss of second opinion
- lack of respect
- may not be cost effective
- oversupply
inadequate training and experience
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.
loss of second opinion
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
lack of respect
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)
may not be cost effective
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.
oversupply
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.
