Chapter 2: The roles of legal representatives Flashcards
Most citizens only occasionally encounter members of the legal professions, because this may be in connection with what?
Most citizens only occasionally encounter members of the legal professions, because this may be in connection with:
1. Buying a house
2. Making a will
Or,
3. Being involved in a dispute, or divorce
Buying a house, making a will, or being involved in a dispute, or divorce will involve what?
Buying a house, making a will, or being involved in a dispute or divorce will involve:
1. Talking to
2. Taking advice from
a local solicitor
Many people, especially those with limited means and if the issue is a civil dispute, visit their local Citizens Advice Office to do what?
Many people, especially:
1. Those with limited means
2. If the issue is a civil dispute
,visit their local Citizens Advice Office to seek free legal advice
Citizens Advice Office
The Citizens Advice Office is a community-based charity that provides:
- Help
- Advice
The 3 main branches of the legal profession
The 3 main branches of the legal profession are:
- Legal executives
- Solicitors
- Barristers
Legal executives
Legal executives:
- Are legally qualified professionals employed largely by solicitors
- Normally specialise in a given area of law
Who are legal executives regulated by?
Legal executives are regulated by the Institute of Legal Executives
Solicitors
Solicitors are mainly graduates with a law degree who cover a range of legal work both:
1. Civil
2. Criminal
and have to be formally qualified
Solicitors do what?
Solicitors undertake most of the work in:
- Magistrates’ Courts
- County Courts
Solicitors must undertake what?
Solicitors must undertake:
- Professional training of a 1 year legal practice course
- Then 2 years under training in a solicitor’s practice
Who are solicitors regulated by?
Solicitors are regulated by the Law Society
Barristers
Barristers are:
- Graduates who become specialist in a narrow aspect of the law
- Employed by solicitors on behalf of their clients to represent them in the higher courts
What has barristers’ traditional work been?
Barristers’ traditional work has been advocacy - they present cases in court
What is a barrister briefed (employed) by a solicitor to do?
A barrister is briefed (employed) by a solicitor to work on the solicitor’s client’s behalf
What are barristers in relation to the solicitors?
Barristers:
- Are independent of the solicitor
- Pursue their own judgement about how to proceed with the case
Where do barristers work?
Barristers can work in a Magistrates' Court, but they mainly work in: 1. Crown Courts 2. The High Court Or, 2. The Court of Appeal
What are barristers normally?
Barristers are normally specialists in a specific area of law, either:
1. Civil
Or,
2. Criminal
What are most barristers?
Most barristers are law graduates
Pupillage
Pupillage is on-the-job training
Barristers have to undergo training by undertaking what?
Barristers have to undergo training by undertaking:
- The Bar Vocational Course
- Then pupillage with a qualified barrister
Queen’s Counsel
Queen’s Counsel is recognition by their profession that they have become experts in their own field
What do most senior barristers do?
Most senior barristers apply to become Queen’s Counsel (QCs)
Who do barristers work for?
Barristers work for themselves
Solicitors’ undertake most of the work in Magistrates’ Courts and County Courts, both the preparation of the case and its advocacy.
What do solicitors also do?
Solicitors also deal with:
- A large amount of commercial work, land and building issues
- The conveyancing of houses, making wills and advising on tax matters