Law, Sec. A, Legal Personnel

Question 1

Role of barristers

Answer 1

Self employed
Work in chambers
3000 employed by organisations (CPS, councils)
All barristers in an Inn of Court (Inner Temple, Middle Temple)

Question 1

Duty of Barristers

Answer 1

Duty to client and court
Must not mislead or waste time
Must share all relevant information
Must not represent on a guilty claim
Must respect can rank rule

Question 2

Barristers and Advocacy in crime

Answer 2

Full rights of audience
Barrister briefed by CPS
Instructed by solicitor
Can advice on appeals

Question 3

Barristers and Advocacy in civil

Answer 3

May specialise
Get clients from solicitors
Some clients use bar council direct access
Advise clients in writing or conference

Question 4

Barristers and the Kings Counsel

Answer 4

After 10yrs can apply to be KC (10%)
More high profile cases

Question 5

Role of Solicitors

Answer 5

Controlled by Law Society
75% are private
No. partners in a firm is not limited
Usual role:
Conveyancing
Will writing
Business issues
Personal injuries

Solicitor advocates: 7000 SAs, appear in all courts, have additional higher rights qualifications

Solicitors can become judges

Question 6

Legal Executives

Answer 6

Governing body - CILEX
Job for non-grads
Work under solicitors and overseen
Employed privately
Must be a fellow of CILEX (passed exams and completed 3yrs of experience)
Likely to be specialised (family, wills etc)

Advocacy:
Civil proceedings certificate (county court)
Criminal proceedings certificate (bail applications and youth court)
Family proceedings certificate (family court in mags)

Question 7

Regulator: Bar Standards Board

Answer 7

Code of conduct
BSB handbook
If code breached: sanctions, warnings, fines, suspension
Barristers can be sued (contract under negligence - hall v simons)

Question 8

Regulators: solicitors disciplinary tribunal

Answer 8

Upholds complaints
Fines
Reprimands
Strikes solicitor
Solicitors regulation authority investigates complaint
Can be sued under negligence (contract - white v jones)

Question 9

Regulators: CILEX regulation board

Answer 9

Investigates LEs at professional conduct panel
Of serious foes to disciplinary tribunal

Question 10

Regulators: all

Answer 10

The office for legal complaints 2007
Investigates regulators
Refer to legal service ombudsman