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
How has globalisation lead to change
Globalisation trade increasingly conducted internationally
Opportunities to move into growing markets such as china and Indonesia
Outscourcing secretarial services to save money
Uncertainty due to brexit is making strategic planning difficult for city law firms
Smaller firms are being taken over by large foreign firms e.g Slater and Gordon
What is gender like in legal professions
Large increase in female new entrants to professions. 60% new admissions to the roll of solicitor in 2016 were female
Increase in BAME solicitors in last 10 years - 2016 19% new admissions were Asian
Partnership remains male dominant. Men have 75% chance making partner. BAME women have 13%
What is class social background like in legal professions
2014 social mobility and child poverty commission report found 70-% job offers to top city law firms go to those educated in private schools. Intelligent working class are excluded. Firms recruit from top university’s who have higher proportion private educated students
What is gender like for barristers
Bar standard report 2018
35% practicing barristers are women
14% of females are QC
Over half of pupil barristers female 51%
What is social background like for barristers
12.7% barristers are BAME
7.2% are QC
16% of pupil barristers are BAME
33% barristers gone to private schools
Overall conclusion of diversity in legal profession
Unrepresentative in gender, ethnicity, and social clads
What is access to justice
Justice should be available to everyone regardless of ability to pay
What is public funding of legal services
Legal aid - following sentencing and punishment of offenders act 2012
Different levels available, based on assessment of their application
Legal help - initial advice
Help at court - speak on behalf of applicant
Family mediation - e.g seperation or divorce
Help with mediation and general family help - issuing legal orders in fsmily
Legal representation - barristers or solicitors representing applicant and in court
Where is legal aid available
Case is serious
Person can not afford legal fees
Case is eligible
What categories is legal aid available for in civil cases
Welfare benefits
Debt
Discrimination
Education
Mental health
What does director of legal aid consider
A test director of legal aid agency will consider
Cost benefit analysis
Availability of the service
Importance to the individual
Nature and seriousness of case
Chance of success
Public interest
What is the means test
GROSS INCOME (not eligible if above £2657 per month)
DISPOSABLE INCOME (not eligible if above £700)
Eligible if below minimum levels or income sipport
Capital -> not eligible if above £8000 until spent same sum on legal fees
How does legal aid work in criminal cases
Initial advice and assistance for those arrested and held in custody
If head of criminal casework determines individual qualifies, advice from duty solicitor from LAA approved fire
In cases and tribunals - advice and assistance available before during and after hearing
What is the interest if justice test
D must fall within one of 5 categories
1) likely to lose his liberty or livelihood or suggest serious reputations damage
2) case involves point of law
3) d can not understand court proceedings or state own case
4) case requires witness to be traced, interviewed or cross examined
5) it is another persons interest d is represented
How is financial eligibility decided in magistrates court
Unlikely if d earns above £22,325
How does financial eligibility work in crown court
Free legal aid if on low income. If D earns below £37,500 but not low will pay contribution to fee which will be refunded if not guilty
What are advantages of legal aid
Allows people with serious legal issues to obtain free legal advice.
Ensures some of poorest members of society obtain legal representation. Helps address idea everyone should be equal before the law in accordance with the rule of law. Contributes to procedural justice as well as fair legal rules
Disadvantages of legal aid
Surrey, Suffolk have no legal aid provider specialising in housing and north west wales only had one provider of housing legal aid for a population of more than 300,000
Joint parliamentary committee on human rights have budget cut caused by grave concerns for access to justice
Many people with little spare income now denied legal aid in criminal cases for not satisfying interest of justice so cannot obtain
According to MOJ figures 846,000 people fewer less able to access legal aid in 2015
Describe private funding
Daunting option as hard to estimate final cost of a case, particularly as losr pays winner costs. Solicitor fees can be expensive ip to £100 per hour and city firms may charge more
What are conditional fee agreements
Available in civil cases except family cases. Work by solicitor and client agreeing the fee that’s normally charged in cases
Advantages of conditional fee agreements
Helpful as they have enabled thousands of people to fund their case and gain access to justice. Clients will be confident of their solicitors commitment to the case and hopeless cases will not be taken on to save court time.
What insurance is there in legal system
After the event insurance which claimants may take out incase they lose and have to pay other sides legal costs.
Premium cannot be reclaimed from the other side. Also possible to insure solely against the risk of incurring legal costs ‘before the event’ insurance
Many insurance policies for vehicles or home provide legal cover
How is citizens advice involved in law
Free legal advice on consumer law, housing, employment, benefits, debt
What are law centres
Free legal advice regardless of income in disadvantaged areas
Can provide representation
