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
