English Legal System Flashcards
What do solicitors do
First point of contact when client has problem
Legal Advice
Negotiate
Advocacy (pre-trial, in lower courts)
some do higher courts advocacy but need extra qualification
May work on high street law firm
City law firm
In house
Contentious & non contentious work (court work)
How do you qualify as a soclicitor
Law degree (inc tort, criminal, land) -> legal practice course (10,000-15,000) -> training contract (paid employment contentious and non contentious) -> admitted to roll
Individual can do a non law degree first then a graduate diploma in law and then the legal practice course
Individual aftet their degree must do 2 years qualifying work experience and then the SQE 1 and 2
Who regulates solicitors
Solicitor regulation authority
Independent body which seeks to ensure high standards are met
Sets standards, monitorss quality of training, refers complaints to solicitor disciplinary tribunal
What is the role of barristers (6)
Specialist advocates
Higher rights of audience
Work in chambers
Expert opinions on points of law
Draft complex documents
Conduct conferences with withnesses and clients
How do you become a barrister
Qualifying law degree or non law degree and graduate diploma in law conversion course -> bar professional training course -> called to the bar (qualified barrister) -> pupillage -> tenancy (placed permanently in chambers)
What do legal executives do
No rights of audience to grin with
Specialise in particular area of law
Draft documents
Negotiate
Give legal advice
Who regulates barristers
Bar standards board
Independent body oversees training and professional conduct of barristers and deals with disciplinary matters
How do legal executives qualify
Working in a law firm and train part time basis
Study a narrow range of vocational topics based on their area of practice
Level 3 professional diploma in law and practice -> CILEX level 6 proffessional higher diploma -> 3 years work experience -> chartered legal exec can go on to be a solicitor
What are paralegals
Unqualified workers in law firms. Range from legal secretaries with some training to law graduates who have not yet qualified
What is fusion
The idea the distinction between solicitors and barristers should be removed resulting in a single merged legal profession
What would be advantages of fusion
Reduced costs for clients - only 1 lawyer would be required instead of both, avoids duplication of work & makes law more accessible to people on lower incomes, accords rule of law, everyone is equal before the law
Greater continuity for clients as one person would deal with case from start to finish. Lawyer would be fully familiar with all aspects of clients case & client not pay for case to be read by another professional. Could be argued this would be less objective in consideration of a case as at present barristers provide independent second opinion
Disadvantages of fusion
Would decrease specialist skills of advocacy, lawyers would no longer study advocacy in depth. Problem as clients would receive less effective representation. May make justice less likely to be achieved in an adversarial system where judge is relying on advocated in front to present case
Fusion would mean loss of cab - rank rule, states barristers just accept any case offered to them if they are available. Idea allows equal representation for all whether a person is rich or poor, upholds idea central to the rule of law, equality before the law. If principle removed, will mean best advocated may only be available in future to those who can afford to pay. Fundamentally unjust
How are solicitors and barristers moving closer together
Since 2004 public directly able to access barristers without going to a solicitor
Solicitors now gain higher rights of audience to argue cases in appellate courts
Legal service act 2007, solicitors and barristers now work in same firm
Why did the legal service act 2007 come about
Reforms from the clementi report 2004 on the regulatory framework for legal services in England and wales
Changes were independent regulation of the legal professions, overseen by a legal services board with a duty to promote the interests of the public and consumers
Non lawyers - permitted to own and operate law firms for the first time
Idea behind reform is to offer more choice to consumers and attach external investment into law firms
However concern firms use less qualified lawyers in order to cut costs. Resulting in lower quality legal advice being made available to public
Example of Alternate business structure currently operating are Quality solicitors, co-orperative
How has technology lead to change
Some routine legal matters can be dealt with online e.g donotpay.co.uk - new compitions for law firms
Firms will be able to use technology to automate processes to save money and predict outcomes of cases more accurately z
Technology will benefit large firms carrying out high vol of work who will be able to lower costs and increase profit margin
New areas of law provide new opportunities for law firms e.g cybersecurity
