Chapter 11-Legal profs- Barristers, Solicitors & Legal executives Flashcards

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1
Q

What is a barrister

A

These are lawyers that practice advocacy and litigation

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2
Q

What is a solicitor

A

they are legal representatives that defend clients legal interests and provide legal advice in many situation

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3
Q

What are legal executives

A

These are type of lawyers that specialise in a particular area of law and practice advocacy and give advice to their clients

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4
Q

What are qualifications and training for a Barrister in order

A

1-Degree entry followed by the BCAT test
2-Joining of an Inn court
3-Bar professional training course
4-complete 12 training sessions
5-called to the bar
6-12 month pupillage

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5
Q

What does the Bar professional training course aim to do for barristers

A

-help gain a skill of knowledge of procedure and evidence and competency of cases.

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6
Q

What is pupillage and what does it do

A

A programme that aims to get training barristers an all round and hands-on experience
-There will be a 12th month training with the 1st six being a non practicing term and the 2nd six being a practicing term with an experienced barrister

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7
Q

What are the qualifications and training for a solicitor

A

1-Degree entry OR completing a GDL for non law degree entrants
2-Legal practicing course
3-2 year training contract
4-professional skills course
5-admitted to Roll of solicitors
6-Solicitors qualifying examination SQE

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8
Q

What does the professional skills course consist of

A

-48 hours of tuition with assessments - an extra 24 hours of an elective element

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9
Q

what are the 2 qualifications of becoming a legal executive

A

1-professional diploma in law and higher diploma in law
2-Work for at least 5 years.

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10
Q

Where do Barristers usually work

A

-They can be self employed
-usually work from a set of chambers where they are with other barristers which are about 10-20

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11
Q

What are the 5 roles of barristers in criminal courts

A

-Advice
-Works with the CPS on the sufficient evidence available
-outlines the case to the court
-lead prosecution witnesses and make a closing speech
-can advise on the possibility of an appeal

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12
Q

What are the roles of barristers in civil cases

A

-evidence and legal arguments are drafted by the barrister
-argue for the award of costs
-can advise on the possibility of an appeal

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13
Q

what’s a way of accessing a barrister straight ahead rather than passing through a solicitor

A

Bar Direct

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14
Q

What is the Cab bank rule

A

This means a Barrister cannot turn down a case that has been given to them (exceptions are the Bar direct)

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15
Q

what is the Bar Council supposed to do for new barristers

A

-promotes fair access to justice
-high standard of ethics
-equality and diversity
-business opportunities

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16
Q

what is the role of the Bar standards Board

A

-They regulate the barristers profession by setting up training and entry standards and conduct

17
Q

a tribunal has several sanctions, mention 3

A

-Giving a fine
-disbarring the barrister
-formally warning them

18
Q

What can junior barristers upgrade to after having been qualified

A

-A queens counsel

19
Q

give examples of matters that solicitors are able to advice on

A

-making of wills
-personal injuries
-family matters (divorce)
-business matters

20
Q

what are the roles of solicitors in criminal cases and civil cases

A

CRIMINAL -sit in interviews
-give advice
-works together with a barrister
CIVIL- Writing letters on behalf of clients
- drawing up wills
- divorce
- drafting contracts
- representing clients
- offering advice

21
Q

Give an example case of when solicitors were sued for negligence

A

White v Jones
-Some daughters were trusted with an inheritance however did not receive it and sued the solicitors for negligence

22
Q

what is the Law society and their aims

A

A governing body that regulates and supports the interests of solicitors
-In order for the profession to be heard and deals with issues affecting solicitors

23
Q

what is the role of the Solicitors regulatory Authority

A

They check on the conduct and complaints of professional solicitors

24
Q

What are the differences between a barrister and solicitor

A

-Barrister handle work in court while solicitors can handle work outside the court
-can easily contact and receive advice from a solicitor than a barrister
-they each have different areas of practice and qualifications
-solicitors can be sued and can sue a client however barristers cannot.

25
Q

Mention 3 roles of a legal executive

A

-deals with matrimonial matters
-drafting of wills
-can interview witnesses

26
Q

where do legal executives work

A

They work in a firm of solicitors in private practice

27
Q

What regulatory body deals with the conduct of legal executives

A

Chartered institute of Legal executives (CILEx)

28
Q

What is the role of the Legal Ombudsman

A

-The deal with any complaints against all legal professionals or by complaints about actions taken by; the bar standards board, solicitors regulatory authority or CILEx

29
Q

What are the powers of the legal ombudsman

A

-can order an apology to the client
-Giving back of any necessary documents
-put in more work to correct what was made wrong
-can refund or reduce legal fees
-can pay a compensation