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#Law crime and legal s > #Exam 1- Barristers, Solicitors, Legal Execs/services > Flashcards

#Exam 1- Barristers, Solicitors, Legal Execs/services Flashcards

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1
Q

What are the two types of lawyers in England and Wales

A

Barristers and solicitors

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2
Q

How many barristers are self employed

A

12,700

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3
Q

How many barristers work in the CPS, independent business and local government

A

Roughly 3,000

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4
Q

What are the four inns of court

A

Lincoln’s inn
Inner temple
Middle temple
Grays inn

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5
Q

What are barristers collectively called

A

The bar

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6
Q

Who regulates barristers

A

The general council of the bar

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7
Q

What is the first step to becoming a barrister

A

Degree in law

If it isn’t an law degree then they must take a GDL ( graduate diploma in law )

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8
Q

What is the second step of training for barristers

A

Complete the Bar professional training course

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9
Q

What activities are done in the bar training course

A 
Case prep 
Opinion writing 
Drafting documents 
Interviewing clients 
Advocacy 
Negotiation
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10
Q

Once completing the bar training course barristers are called to …

A

The bar- which means they are a qualified barrister

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11
Q

What is the practical stage of training which occurs after being recognised as being a barrister

A

A pupillage

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12
Q

What is involved in a pupillage

A

Shadowing one barrister for 12 months or two for 6 months

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13
Q

What is the pupillage gateway

A

All pupillage vacancies are notified and put on the site, the application will typically be 18 months prior

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14
Q

What is the main issue with training of barristers

A

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

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15
Q

How is the GDL seen as unfair

A

Not all barristers take a paw degree

Would you be satisfied with a doctor who only studied medicine for a year

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16
Q

What does the problem of oversupply mean

A

There are too many completing the BPTC but not enough pupillage’s

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17
Q

How many passed the BPTC and how many pupillage’s were available In 2014-15

A

1,500 took BPTC

422 pupillage’s available

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18
Q

How many barristers does one set of chambers usually have

A

15-20

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19
Q

What happens after a barrister has been working for ten years

A

They can apply to be in the Queens council, this means they can take on more complex cases

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20
Q

What is advocacy

A

Presenting cases in court

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21
Q

What is rights of audience

A

The right to present a case in court on behalf of another person

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22
Q

What can a barrister specialise in

A

Tax and company law- this will mean they will barely appear in court

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23
Q

What smaller roles does a barrister do

A

Paperwork, writing opinions on a case, giving advice and drafting documents for use in court

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24
Q

What is direct access

A

Clients are able to see a barrister without a seeing a solicitor first

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25
Q

What cases is direct access not allowed for

A

Criminal and family cases

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26
Q

What was proposed in 2015 for barristers

A

It was suggested lawyers should do a QASA ( quality assurance scheme for advocates) to only let lawyers deal with smaller cases until gaining experience

27
Q

How are barristers and solicitors training similar

A

Both have to do a law degree or pass a GDL

28
Q

What is the second part of the process to becoming a solicitor

A

Legal practice course

29
Q

What is the training contract for solicitors

A

Supervised training for two years in a solicitors firm or with CPS

30
Q

How much does the LPC cost

A

£14000

31
Q

How many solicitors are employed in England and Wales

A

40,000

32
Q

Where will a solicitor usually be employed

A

In a private practice of in a solicitors firm

33
Q

What does the solicitors job role mainly include

A

Mostly office bases work such as looking at contracts and drafting them, drafting wills, leases and conveyancing

34
Q

Who can solicitors typically brief before court

A

A barrister

35
Q

Where can solicitors represent people in court

A

Magistrates and county court

36
Q

What is the qualification which allows solicitors to do cases in higher courts

A

Advocacy qualification

37
Q

How are barristers and solicitors work now similar

A

Both can represent in court
Barristers can be seen directly in civil cases
Both do preparatory work in civil cases

38
Q

How many solicitors have higher rights

A

6,500

39
Q

Who used to select members to be Queens council

A

Lord chancellor

40
Q

When was the LC stopped from selecting members to be QC

A

2004

41
Q

Why was the LC stopped from selecting members to be QC

A

Too secretive and wasn’t representative-only 10% were women

42
Q

Who now selects members to be on the queen’s counsel

A

Independent selection panel

43
Q

What is the process of becoming a QC

A

Lawyers apply.
Application of £2160
Appointment of £3,600
Independent selection panel recommends them to LC

44
Q

How did the new election improve the queen’s counsel

A

15% of members are now women and 6.5% are now from an ethnic minority

45
Q

What must a solicitor have to become a member of the QC

A

An advocacy qualification and ten years of practice

46
Q

Where do legal executives work

A

Solicitors law firm

47
Q

What qualifications does a legal executive need

A

Have to pass a professional higher diploma in law and work for at least 5 years

48
Q

What is the role of a legal executive

A

Have limited rights of audience but are similar to solicitors

49
Q

Who is the regulatory body of legal executives

A

CILEx

50
Q

Who is the representatives of barristers

A

Bar council

51
Q

Who regulates barristers

A

bar standards board

52
Q

Who is the representative body of solicitors

A

Law society

53
Q

Who is the regularly body for solicitors

A

Solicitors regulatory authority

54
Q

Where do complaints for legal execs, barristers and solicitors go to

A

Legal ombudsman

55
Q

What can the legal ombudsman do

A 
Apologise to client 
Give back any documents
Put things right 
Reduce legal fees 
Pay compensation up to £30,000
56
Q

What are the issues facing ethnic minorities in the legal profession

A

Well represented in lower levels but not so well represented in higher levels

57
Q

What are the issues facing women in the legal profession

A

Women are not as well represented in higher levels of the profession

58
Q

How many solicitors are women

A

Over half

59
Q

How many barristers are women

A

1/3

60
Q

What percentage of barristers are ethnic minority

A

13%

61
Q

What are the issues with women and ethnic minorities

A

they are under-represented in higher areas such as the QC where only 6.5% are from ethinic minorities

62
Q

what part of the legal profession is good with its representation of women and ethnic minorities

A

solicitors

63
Q

what are the challenges and trends in the legal services

A

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

#Law crime and legal s (23 decks)

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