Booklet 8 -Legal Personnel and Funding Flashcards
Name the 4 Inns of Court a Barrister must be a part of (only have to be a part of one)
- Gray’s Inn
- Inner Temple
- Lincoln’s Inn
- Middle Temple
To become a barrister, you must first pass the…
Bar Professional Training Course (BPTC)
After you have passed the BPTC, you will be…
What is the next stage after this?
‘Called to the Bar’.
The next stage is pupillage, which is on the job training as a trainee barrister (total of 12 months).
What is the Cab Rank rule?
A barrister cannot turn a case away that is in their specialized field.
What level of rights to audience do barristers have?
- Anyone can gain direct access to a barrister for a civil case rather than going to a solicitor first
- Barristers have rights to audience in all criminal courts
What is the role of a barrister?
- Traditionally advocacy and to give legal expertise to solicitors
- Examine and cross-examine in courts as well as draft legal documents
- Barristers mostly specialise in courtroom advocacy and litigation.
What is the role of a solicitor?
- Traditionally advocate only in lower courts, but with special training can represent their clients in higher courts.
- Direct contact with clients and often give legal advice and draft documents for their clients.
What must solicitors gain to be able to advocate in higher courts?
Solicitors must have accreditation under the Quality Assurance Scheme for Advocates
To become a solicitor you must pass the…
Legal Practice course (LPC)
After the LPC, what must a solicitor obtain?
A training contact to become qualified (work with a solicitor’s firm for 2 years to gain practice experience)
- After this you will be a qualified solicitor
What is the role of legal executives?
Legal executives are fee-earning qualified lawyers who undertake similar work to solicitors, specialising in a specific legal area such as litigation or conveyancing. The day-to-day role of a legal executive is similar to that of a solicitor. The training routes are different, however.
How do you train to become a legal executive?
- Pass a professional diploma in law and work in a solicitors firm (or any other legal organisation) for at least 5 years
- Then they become a fellow to the chartered institute of legal executives
What is the regulatory body for Barristers?
How are they regulated?
- Bar Standards Board
- Set continuing training standards (for skills that are to be maintained throughout their career)
- Setting standards as conducts for barristers
- Handle complaints against barristers
What is the regulatory body for solicitors?
How are they regulated?
- Solicitor’s Regulation Authority
- Set the principles and a code of conduct (which you have to abide by in order to provide legal services)
- Supervise firms and individuals who are regulated (they can take enforcement actions against anyone who breaches principles)
What is the regulatory body for legal executives?
How are they regulated?
- Regulation of legal executives
- Legal services act 2007 established the legal service board as an oversight regulator for existing legal regulations including the chartered institute of legal executives
- Board provides training, professionalism, publishes standards and code of conduct.
Who are legal ombudsman?
- They deal with complaints against all 3 branches of legal profession
- They also regulate the regulatory bodies
- Setup by the office for legal complaints, under services act 2007
What are their (legal ombudsman) powers and what can they enforce?
- If both parties agree with preliminary decision made, the complaint is resolved.
- Make the party apologise, give forward documents needed to put things right, refund/reduce legal fees and pay compensation
What is the role of a district judge? (describe)
- Qualified full time salaried judges who sit in the magistrates court, alone.
- They hear longer and more complex cases of criminal youth and some civil
What is the role of a recorder/circuit judge? (describe)
- Part timers and fee paid (no salary)
- They decide who has won the case
- They sit with the jury
- They are the judge deciding the law and sentence in criminal cases.
- Some deal with specific criminal/civil cases and others are authorised to hear private family law cases
What is the role of a high court judge? (describe)
- They are qualified lawyers
- They have at least 7 years right audience in the high court or they were a circuit judge for at least two years
- They hear first instant cases and the evidence from witnesses
- They decide the law and make a decision
- They sit on their own (loners lol what peasants)
What is the role of lords justices of appeal? (describe)
- They are qualified lawyers
- They have at least 7 years right audience in the supreme court or they were/are existing high court judges
- They have a heavier work load than supreme court justices (7000 applications of appeal)
- They sit in a panel of three with a rare occasion of five
- They work in civil and criminal divisions
- They deal with appeal
What is the role of supreme court justices? (describe)
- They sit in panels of five, seven or nine
- There are currently only 12 (lol what saddos) (only 1 wo-man)
- They have the qualification of high judicial office or senior court qualification for at least 15 years (lol they’re old af)
- Hear about 100 cases per year (appeals and POL)
What is judicial independence?
- Independence of the judicial branch of the government from the executive and legislative branches
- Independent way that judges should reach their decisions by only taking into account the facts and law before them (disregarding political influence and their own wishes)
What are the 3 reasons why it’s important to have judicial independence?
- To secure that no political influence is used
- It is fair, impartial and allows diversity
- To protect individuals rights and liberties
How did the constitutional reform act of 2005 improve judicial independence?
- Lord Chancellor was ‘demoted’ from a lot of power
- Judges were now allowed to apply and the recruitment was managed by an independent commission
- Now the appointments are completely separate from the part political influence in choosing judges
What is private funding?
- A source of funding in civil cases
- From a solicitor or barrister.
- Can be very expensive and in practice it is only an option for businesses and wealthy individuals
What is private legal insurance?
- A source of funding in civil cases
- Most motor/house insurance policies will provide help with legal fees in cases to do with that policy (e.g. road accidents or house accident)
- Such cover will be provided very cheaply as part of the policy
What is conditional fee agreements (CFAs)
- Main way of funding in civil cases
- Solicitors and barristers can agree to take no fee if the case is lost, however, if it is won they can raise their fee up to double the usual rate
- Cap on success fee in personal injury cases of 25% of the damages (ensures money is available to pay other side’s legal fees)
What is public funding?
- A source of funding in civil cases
- Very limited in civil cases
- Not available for tort or contract cases
- Eligibility for funding depends on a means test which considers disposable income and capital.
What must a defendant pass in order to get legal representation in court?
- The ‘interests of justice’ test
- It will only apply to those who have a chance of losing their liability or livelihood
- Court also looks at financial aspects
- Very strict in magistrates
- Those who pay a contribution due to their higher income, will get refunded if they are found not guilty.
