#Exam 1- Barristers, Solicitors, Legal Execs/services Flashcards
What are the two types of lawyers in England and Wales
Barristers and solicitors
How many barristers are self employed
12,700
How many barristers work in the CPS, independent business and local government
Roughly 3,000
What are the four inns of court
Lincoln’s inn
Inner temple
Middle temple
Grays inn
What are barristers collectively called
The bar
Who regulates barristers
The general council of the bar
What is the first step to becoming a barrister
Degree in law
If it isn’t an law degree then they must take a GDL ( graduate diploma in law )
What is the second step of training for barristers
Complete the Bar professional training course
What activities are done in the bar training course
Case prep Opinion writing Drafting documents Interviewing clients Advocacy Negotiation
Once completing the bar training course barristers are called to …
The bar- which means they are a qualified barrister
What is the practical stage of training which occurs after being recognised as being a barrister
A pupillage
What is involved in a pupillage
Shadowing one barrister for 12 months or two for 6 months
What is the pupillage gateway
All pupillage vacancies are notified and put on the site, the application will typically be 18 months prior
What is the main issue with training of barristers
The financial strain, students must cover fees for their degree (£9,000 a year) as well as the cost of the BPTC which is £15,000, GDL May also have to be paid for
How is the GDL seen as unfair
Not all barristers take a paw degree
Would you be satisfied with a doctor who only studied medicine for a year
What does the problem of oversupply mean
There are too many completing the BPTC but not enough pupillage’s
How many passed the BPTC and how many pupillage’s were available In 2014-15
1,500 took BPTC
422 pupillage’s available
How many barristers does one set of chambers usually have
15-20
What happens after a barrister has been working for ten years
They can apply to be in the Queens council, this means they can take on more complex cases
What is advocacy
Presenting cases in court
What is rights of audience
The right to present a case in court on behalf of another person
What can a barrister specialise in
Tax and company law- this will mean they will barely appear in court
What smaller roles does a barrister do
Paperwork, writing opinions on a case, giving advice and drafting documents for use in court
What is direct access
Clients are able to see a barrister without a seeing a solicitor first
What cases is direct access not allowed for
Criminal and family cases
What was proposed in 2015 for barristers
It was suggested lawyers should do a QASA ( quality assurance scheme for advocates) to only let lawyers deal with smaller cases until gaining experience
How are barristers and solicitors training similar
Both have to do a law degree or pass a GDL
What is the second part of the process to becoming a solicitor
Legal practice course
What is the training contract for solicitors
Supervised training for two years in a solicitors firm or with CPS
How much does the LPC cost
£14000
How many solicitors are employed in England and Wales
40,000
Where will a solicitor usually be employed
In a private practice of in a solicitors firm
What does the solicitors job role mainly include
Mostly office bases work such as looking at contracts and drafting them, drafting wills, leases and conveyancing
Who can solicitors typically brief before court
A barrister
Where can solicitors represent people in court
Magistrates and county court
What is the qualification which allows solicitors to do cases in higher courts
Advocacy qualification
How are barristers and solicitors work now similar
Both can represent in court
Barristers can be seen directly in civil cases
Both do preparatory work in civil cases
How many solicitors have higher rights
6,500
Who used to select members to be Queens council
Lord chancellor
When was the LC stopped from selecting members to be QC
2004
Why was the LC stopped from selecting members to be QC
Too secretive and wasn’t representative-only 10% were women
Who now selects members to be on the queen’s counsel
Independent selection panel
What is the process of becoming a QC
Lawyers apply.
Application of £2160
Appointment of £3,600
Independent selection panel recommends them to LC
How did the new election improve the queen’s counsel
15% of members are now women and 6.5% are now from an ethnic minority
What must a solicitor have to become a member of the QC
An advocacy qualification and ten years of practice
Where do legal executives work
Solicitors law firm
What qualifications does a legal executive need
Have to pass a professional higher diploma in law and work for at least 5 years
What is the role of a legal executive
Have limited rights of audience but are similar to solicitors
Who is the regulatory body of legal executives
CILEx
Who is the representatives of barristers
Bar council
Who regulates barristers
bar standards board
Who is the representative body of solicitors
Law society
Who is the regularly body for solicitors
Solicitors regulatory authority
Where do complaints for legal execs, barristers and solicitors go to
Legal ombudsman
What can the legal ombudsman do
Apologise to client Give back any documents Put things right Reduce legal fees Pay compensation up to £30,000
What are the issues facing ethnic minorities in the legal profession
Well represented in lower levels but not so well represented in higher levels
What are the issues facing women in the legal profession
Women are not as well represented in higher levels of the profession
How many solicitors are women
Over half
How many barristers are women
1/3
What percentage of barristers are ethnic minority
13%
What are the issues with women and ethnic minorities
they are under-represented in higher areas such as the QC where only 6.5% are from ethinic minorities
what part of the legal profession is good with its representation of women and ethnic minorities
solicitors
what are the challenges and trends in the legal services
alternative business structures pose a challenge to traditional legal firms
working practices have to lead to change with the increasing use of information technology
globalisation has led to firms becoming international
