General Flashcards
ACTION
A case which is commenced by a Claimant against a Defendant in a civil court.
ATTENDANCE NOTE
An attendance note will be completed to record what was discussed and decided during an interview (when a solicitor interviews a client).
ATTESTATION CLAUSE
A clause in a document that are typed immediately after the concluding words which confirms that the relevant party has executed the document.
BARRISTER
A barrister is a person who has qualified by passing the Bar Council exams and completed training. Their role is to give legal advice and advocate in court.
CHAMBERS
Offices used by barristers.
CHARTERED LEGAL EXECUTIVE
A Fellow of the Chartered Institute of Legal Executives (FCILEx) has passed exams set out by CILEx and has 3 years experience. Similar duties of a solicitor.
CILEx
The Chartered Institute of Legal Executives is an awarding body and provides qualifications and sets up the professional standard.
CIVIL PROCEDURE RULES
The rules which apply to Actions in the civil court.
COMMON LAW
Same principle were adopted in the different parts of the country. It can also be know as judge made law.
CONFIDENTIALITY
Client’s details must never be disclosed to any third party without prior approval of the client. This could result in disciplinary.
CONFLICT OF INTEREST
A solicitor is not usually able to act for both parties. A conflict search is made in the firms records to ensure they do not act for the other side.
DELEGATED LEGISLATION
Parliament passes an ‘Enabling Act’ which delegates to other people or organisations the authority to alter the law. Example by-laws.
DISCLOSURE OF DOCUMENTS
Parties to an action must disclose to each other documents in their possession relating to the action.
DRAFT
All documents are produced in draft first. It may be altered until everyone is happy with it, this is a ‘working document’.
DX
Document Exchange – private postal system used by solicitors and ssociated services.
ENDORSEMENT
Often called a ‘backsheet’. It wraps around the document and indicates the type of document.
ENGROSSMENT
The final version of a document with all the agreed alterations and without error ready for execution.
EXECUTION
When a document has been agreed and engrossed it is ready to be signed by all parties.
FEE EARNER
Anyone who earns money for the firm for example a solicitor, FCILEx, clerk.
HATCHING PLANS
Plans which are attached to a document that have appropriate portion of land clearly indicated. Often done by hatching, colouring or outlining an area.
JUDICIAL PRECEDENT (CASE LAW)
End of an important case a judge makes a speech stating principles of law used to make the decision. Subsequent cases will then be judged on the same principles.
LAW REPORTS
Able to follow previous decisions made (judicial precedent), decisions must be accurately recorded. Important cases are written in law reports.
LAW SOCIETY
Representative body for solicitors and also determine how trainee solicitors should be qualified.
LEGAL FUNDING
Support to fund a case. The Legal Aid Agency oversees the public funding.
MATTER
Proceedings other than an Action for example matrimonial matters
PRECEDENT
(a) Something which serves as a model for a future case (cookie cutter).
(b) A ‘precedent document’ is a template.
RIGHTS OF AUDIENCE
A right of lawyer to appear and conduct proceedings in a court on behalf of the client.
SEWING
This is a method to bind documents together so that they are securely together. Many firms use heat binding however, some firms still like their documents sewn up.
SOLICITOR
Someone who passed examination set out by The Society. Solicitors deal will all aspects of law and give advice.
SOLICITOR ADVOCATE
Qualified solicitor who has passed an additional advocacy qualification similar to a barrister. Rights of audience in the Crown and High Courts.
STATUTE
An Act of Parliament for example a law passed by Parliament.
TESTIMONIUM CLAUSE
Authenticating a clause in a document by signing in the presence of a witness.
TIME RECORDING
Fee Earners’ time spent on clients is recorded and charged to the client.
