Fusion Flashcards
How would the fusion of the two professions be an advantage due to cost?
as only one lawyer would be needed instead of a solicitor and a barrister
how would the fusion of the professions cause less duplication of work ?
because only one person would be doing the work instead of a solicitor preparing the case and then passing it to a barrister
How would the fusion of professions lead to more continuity
as the same person could deal with the case from start to finish
What would there be a decrease in if there was a fusion of the professions?
a decrease in the specialist skills of advocacy
If there was a fusion of professions what would there be a lack of availability of advice from?
from independent specialists at the Bar
If there was a fusion of professions how would there be less objectivity in the consideration of a case?
as at the moment the barrister provides a second opinion
What would be lost if there was a fusion of the professions?
the ‘cab-rank-rule’
Why would it be a disadvantage if there was no longer a ‘cab-rank-rule’?
as the principle had allowed anyone to get representation even if their case is unpopular or unlikely to win
Why is the argument for fusion no longer important?
as the changes made by the Courts and Legal Services Act 1990 and the Access to Justice Act 1999 mean that barristers and solicitors can take a case from start to finish
Which 2 Acts have made it so that barristers and solicitors can take a case from start to finish?
- courts and legal services act 1990
- Access to Justice Act 1999
What did the Access to Justice Act 1999 give barristers the right to?
the right to do litigation which was in the past always done by solicitors
How has the Legal Services Act 2007 meant there is less need for the fusion of the professions?
as barristers and solicitors will be able to work together in the same legal profession
