Chapter 11-Legal profs- Barristers, Solicitors & Legal executives Flashcards
What is a barrister
These are lawyers that practice advocacy and litigation
What is a solicitor
they are legal representatives that defend clients legal interests and provide legal advice in many situation
What are legal executives
These are type of lawyers that specialise in a particular area of law and practice advocacy and give advice to their clients
What are qualifications and training for a Barrister in order
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
What does the Bar professional training course aim to do for barristers
-help gain a skill of knowledge of procedure and evidence and competency of cases.
What is pupillage and what does it do
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
What are the qualifications and training for a solicitor
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
What does the professional skills course consist of
-48 hours of tuition with assessments - an extra 24 hours of an elective element
what are the 2 qualifications of becoming a legal executive
1-professional diploma in law and higher diploma in law
2-Work for at least 5 years.
Where do Barristers usually work
-They can be self employed
-usually work from a set of chambers where they are with other barristers which are about 10-20
What are the 5 roles of barristers in criminal courts
-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
What are the roles of barristers in civil cases
-evidence and legal arguments are drafted by the barrister
-argue for the award of costs
-can advise on the possibility of an appeal
what’s a way of accessing a barrister straight ahead rather than passing through a solicitor
Bar Direct
What is the Cab bank rule
This means a Barrister cannot turn down a case that has been given to them (exceptions are the Bar direct)
what is the Bar Council supposed to do for new barristers
-promotes fair access to justice
-high standard of ethics
-equality and diversity
-business opportunities
what is the role of the Bar standards Board
-They regulate the barristers profession by setting up training and entry standards and conduct
a tribunal has several sanctions, mention 3
-Giving a fine
-disbarring the barrister
-formally warning them
What can junior barristers upgrade to after having been qualified
-A queens counsel
give examples of matters that solicitors are able to advice on
-making of wills
-personal injuries
-family matters (divorce)
-business matters
what are the roles of solicitors in criminal cases and civil cases
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
Give an example case of when solicitors were sued for negligence
White v Jones
-Some daughters were trusted with an inheritance however did not receive it and sued the solicitors for negligence
what is the Law society and their aims
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
what is the role of the Solicitors regulatory Authority
They check on the conduct and complaints of professional solicitors
What are the differences between a barrister and solicitor
-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.
Mention 3 roles of a legal executive
-deals with matrimonial matters
-drafting of wills
-can interview witnesses
where do legal executives work
They work in a firm of solicitors in private practice
What regulatory body deals with the conduct of legal executives
Chartered institute of Legal executives (CILEx)
What is the role of the Legal Ombudsman
-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
What are the powers of the legal ombudsman
-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
