Barristers, Solicitors and Legal Executives Flashcards

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1
Q

How many solicitors are there practising inEngland and Wales?

A
  • Over 130,000
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2
Q

What is the governing body of solicitors, of which every practising solicitor has to be a member?

A
  • The Law Society
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3
Q

By what authority are solicitors regulated?

A
  • Solicitors Regulation Authority
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4
Q

Where can solicitors work? (2)

A
  • In private practices

- Organisations such as the Crown Prosecution Service

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5
Q

What does most solicitor’s work come from? (5)

A
  • Conveyancing
  • Drawing up wills
  • Drafting contracts
  • Writing letters
  • Family and matrimonial work
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6
Q

What are the three different ways of becoming a solicitor?

A

1) Law degree - Legal practice course - Training Contract
2) Degree in another subject - Graduate Diploma in Law - Legal practice course - Training contract
3) 4 GCSEs - ILEX Professional Diploma - ILEX Higher Professional Diploma - Legal Practice Course - Fellow of ILEX or Training Contract

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7
Q

Who is a Graduate Diploma in Law (one year) for?

A
  • Students who don’t have a law degree. If they have a degree in another subject, they spend this year learning the core legal modules
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8
Q

What are the criticisms of the Graduate Diploma in law (one year)? (2)

A
  • Ormrod committee reported in 1971 that one year of legal education was not sufficient and that the main entry into the legal profession should be through a law degree
  • It is expensive to undertake this course on top of a degree
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9
Q

What is the legal practice course (one year)?

A
  • Vocational course which teaches the key skills needed to become a solicitor
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10
Q

What does the legal practice course include? (5)

A
  • Client interviewing
  • Drafting documents
  • Finance
  • Marketing
  • The running of a solicitor’s firm
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11
Q

What is the criticism of the legal practice course?

A
  • Cost is exceptionally high (around 9,000). Argued to be too expensive for many students
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12
Q

What does a training contract include? (2)

A
  • The student will work in a solicitor’s firm for two years, getting practical experience. The trainee gets paid, although not as much as a solicitor
  • The trainee solicitor is also required to attend a 20 day Professional Skills Course where the student builds on the skills learned on the legal practice course
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13
Q

What is the criticism of the training contract?

A
  • There is a huge problem with over supply and many graduates of the legal practice course cannot get a training contract
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14
Q

How many barristers are there practising in England and Wales?

A
  • Nearly 13,000
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15
Q

What is the governing body of barristers?

A
  • General Council of the Bar
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16
Q

All practising barristers must be a memeber of one of the four inns of court. Name them

A
  • Lincoln’s Inn
  • Inner Temple
  • Middle Temple
  • Gray’s Inn
17
Q

Who regulates barristers?

A
  • The Bar Standards Board
18
Q

Barristers are considered advocacy specialists, and work under the cab rank rule. What does this mean?

A
  • A barrister cannot turn down a case with their specialism
19
Q

Barristers have rights of audience in all criminal courts, subject to accreditation under what?

A
  • The Quality Assurance Scheme for Advocates
20
Q

What are the three routes of barrister training?

A

1) Law degree - Membership of an Inn of Court - Bar professional training course - Call to the bar - Pupillage 2 x 6 months
2) Degree in another subject - Graduate Diploma in Law - Membership of an Inn of Court - Bar professional training course - Call to the bar - Pupillage 2 x 6 months
3) Non-graduate mature student - Graduate Diploma in Law - Bar professional training course - Call to the bar - Pupillage 2 x 6 months

21
Q

What is the purpose of the compulsory Membership of an Inn of Court?

A
  • Gives students the opportunity to meet senior barristers and judges and immerse themselves in the traditions of the profession
22
Q

What are the ethnicity statistics for solicitors?

A
  • White - 71%

- BAME - 23 %

23
Q

What are the ethnicity statistics for barristers?

A
  • White - 79%

- BAME - 11%

24
Q

What is the Diversity Access Scheme?

A
  • A scheme by the law society that supports people from low socio-economic backgrounds who wat to become solicitors
25
Q

What are solicitors regulated by?

A
  • The Solicitors Regulation Authority
26
Q

What is the purpose of the Solicitors Regulation Authority? (3)

A
  • Ensuring solicitors meet high standards
  • Acting where risks are identified
  • To ensure that solicitors adhere to the principles set out in the Authority’s code of conduct
27
Q

Who regulates barristers?

A
  • The Bar Standards Board
28
Q

What is the Bar Standards Board responsible for? (4)

A
  • Setting the education and training requirements for becoming a barrister
  • Setting continuing training requirements to ensure that barristers’ skills are maintained
  • Setting standards of conduct for barristers
  • Handling complaints against barristers and the organisations they authorise, and taking disciplinary or other action where appropriate
29
Q

The UK is one of the few legal systems that operate separate legal professions. What are the arguments for fusion? (4)

A
  • Reduced costs, as only one lawyer would be needed instead of a solicitor and a barrister
  • More efficient, as only one person would be doing the work resulting in less duplication
  • More continuity as the same person deals with the case from start to finish
  • We are one of the only legal systems that operates a divided legal profession
30
Q

What are the arguments against fusion? (4)

A
  • Possible decline in the area of specialism, especially in relation to advocacy
  • Loss of the Independent Bar
  • A barrister currently provides a second opinion; fusion would lead to a loss of objectivity
  • Cab Rank rule would also be lost - could this result in people being left without representation?