Barristers, Solicitors and Legal Executives Flashcards
Who do barristers mainly work for?
They are usually self employed
Where do barristers mainly work from?
A set of chambers where they can share administrative expenses with other barristers- usually involve 15-20 barristers
What do majority of barristers concentrate on?
Advocacy- some specialise in areas such as tax and company law and rarely appear in court
Do barristers have rights of audience in all courts in England and Wales?
Yes
In 2015, a new system for lawyers doing advocacy in higher courts was announced- all lawyers and solicitors will have to get accreditation under the Quality Assurance Scheme for Advocates (QASA)
What type of paperwork do barristers carry out?
Writing legal opinions, writing advice to clients, drafting court documents and drafting legislation
What is meant by Bar Direct?
Allows for certain professions such as accountants and surveyors to instruct a barrister directly without going through a solicitor
Who else can instruct barristers without going through barristers?
Other businesses
Only exceptions are Family work or criminal litigation which must still be referred to by a solicitor first
What is meant by the Cab Bank Rule?
Barristers can`t turn down a case when it is on the area of law that they deal with and are free to take the case
It does not apply when the client directly approaches a particular barrister to deal with their case
When can a barrister turn down a case?
If it requires investigation or support services they can`t provide
What is the Queen`s Council?
If a barrister has practiced for at least 10 years they can apply to become a QC
QC`s usually take more complicated and high profile cases and can attract higher fees for recognised expertise
They usually take a junior barrister to assist them on the case
Who represents the regulation of barristers in England and Wales?
The General Council of the Bar
It promotes the Bars high quality specialist advocacy and advisory services and represents the interests of the Bar (like a trade union)
The Council promotes fair justice access to all with high standards
Made up of 115 barristers who are elected or represent interest groups
Used to be responsible for disciplining barristers who breached the Bars Code of Conduct
Who deals with complaints for baristers?
The Bar Standards Board
Sets training and entry standards whilst setting out Code of Conduct
The Board investigates any alleged breach of conduct and can discipline any barrister. If serious enough, they can be referred to a Disciplinary Tribunal
The Tribunal can reprimand the barrister (warning), make individual complete further training, order fine up to £50,000 or suspend for 12 months or disbar (strike off.)
How do you qualify to become a barrister?
Must complete a new Bar Course that allows the course to be taught in one or two parts- online focusing on criminal litigation evidence and sentencing then face t o face with focus on advocacy, a qualifying law degree or Graduate Diploma in Law
Where do majority of solicitors work?
Majority are employed in private practice (sole practitioner or partnership) and receive a salary
Other solicitors will work with local authorities, commercial or private businesses or the CPS
What is the type of work done by a solicitor?
Largely depend on the type of firm they work in and the areas of law covered
Most firms advise clients on matters relating to Family Law and Property Law
Solicitors can specialise in specific areas of law that determine if they work in criminal or civil
Usually advise clients on a full range of topics, negotiation with other firms on behalf of their client and completing paperwork
What is the type of paperwork done by a solicitor?
Writing letters on behalf of clients Drafting contracts, ;eases and other legal documents Drafting negotiations Drawing up wills Dealing with conveyancing issues
Can solicitors advocate in court?
Yes, involves solicitor standing up in court, putting client`s case forward, presenting evidence and question witnesses
They can apply for rights of advocacy in higher courts or apply to become QC
Who is the governing body of all solicitors?
The Law Society- all practicing solicitors must be members
Society supports the interests of solicitors and speaks to government, Parliament and public on range of legal issues to make sure laws passed protects members and public-
It does this by raising profile of profession through campaigns, networking and promoting the legal sector
Who deals with complaints for solicitors?
Solicitors Regulatory Authority- deals with complaints and misconduct
They investigate matters and if evidence of serious misconduct appears, it can put case before Solicitors Disciplinary Tribunal- if tribunal upholds complaint then it can fine or reprimand the solicitor or suspend meaning they cant practice for specified amount of time
In serious cases they can strike solicitor off good
What does a solicitor enter with a client when agreeing to take case?
A contract
Means if client doesn`t pay then the solicitor has right to sue for fees
Also means client can sue for breach of contract if solicitor fails to do work required or work that has been done negligently- Griffiths v Dawson
Other people affected by solicitors negligence have right to sue- White v Jones
How do you qualify to be a solicitor?
Proposed new SQE (Solicitors Qualifying Exam) and complete Professional Skills Course
SQE is a centralised assessment- must obtain a degree in any subject, complete parts 1 and 2 in SQE, complete 24 months of qualifying work experience, satisfy the SRA (Solicitors Regulation Authority) as to suitability of character.
Cost for SQE is £3,980 and contains series of practical assessments, fundamental legal principles and apply to common practical situations
Where do legal executives normally work?
In solicitors firms as assistants
What are legal executives?
Qualified lawyers who passed Chartered Institute of Legal Executives
Usually specialise in one area of law
What do legal executives work involve?
Similar to that of a solicitor though they tend to deal with more straightforward matters
Tend to deal with:
Handling various legal aspects of property transfer
Assist in the formation of a company
Draft wills
Advise clients in civil disputes
Advise clients accused of certain crimes eg. theft and petty theft
Can legal executives advocate?
Since 2008, they can complete a course on advocacy and obtain rights of audience
Need to apply for a certificate depending on specialist field
Civil Law= Civil Proceedings certificate
Criminal Law= Criminal Proceedings certificate
Family Law= Family Proceedings certificate
Once certificate has been achieved, legal executives are given rights of audience in all courts
Can Legal executives become partners in firm?
Yes, or they can open up their own Alternative Business Structure
They can also apply to become a District Judge, working in County or Magistrates Court
How are legal executives paid/ earn fee?
Free earners- where a legal executive works for a firm of solicitors they are charged at an hourly rate- they make direct contribution to the income of law firms
The partners of the law firm are responsible for the legal executives work
Who is responsible for the regulation of Legal Executives?
The Chartered Institute of Legal Executives
They deal with training and regulation of the profession
First, the client will need to complain to the firm but if they are unhappy then they can lodge a complaint with the CILExRegulation Board or Legal Ombudsman
What is the Legal Ombudsman?
Deals with complaints regarding the way a complaint was handled
They can order the professional complained of to:
Apologise to client and/or give back documents
Put things right if more work can correct the wrong
Refund/ reduce legal fees or pay compensation up y £30,000
What profession does the Legal Ombudsman deal with?
Barristers, legal executives or solicitors
