Legal Personal Flashcards

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1
Q

What are the 3 types of legal personnel?

A

Solicitors
Barristers
Legal executive

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2
Q

What work do solicitors do? ( There’s 8 get 4 - 5 )

A

Meeting with clients
Offering legal advice
Drafting legal documents
Wills and probate
Matrimonial and family matters
Negligence
Conveyancing

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3
Q

What does advocacy mean? ( Solicitors )

A

All solicitors have the right of an audience in the mag or county courts.
They can apply for a higher court.

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4
Q

What is the difference between the work of smaller and larger firms?

A

Smaller firms may focus on a specific area of law -matrimonial law ( divorce )
While big firms will be specific to certain area like business or commercial law.

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5
Q

Where else can solicitors work?

A

CPS , a local authority and as legal advisors.

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6
Q

Who regulates solicitors?

A

Solicitors Regulation authority

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7
Q

How many barristers in England and Wales?

A

16 500

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8
Q

Where do barristers work?

A

Majority self employed and advocate.
The reminder are employed by gov or industry and advice the organisation they work for.

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9
Q

What work do barristers do?

A

Advocacy
Draft legal docs
Legal research
Holding case conferences with clients
Writing an opinion for the client
Negotiating settlements

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10
Q

What does advocacy mean? ( barristers )

A

Representing clients in court

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11
Q

Where do barristers have right of audience?

A

All courts in England and wales

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12
Q

What is bar direct and why do we have it?

A

Allows someone to approach a barrister directly not through a solicitor ( past was flawed - extra cost )

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13
Q

What is a chamber?

A

Where barristers work - an office.

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14
Q

What is the structure of the chambers?

A

They employ a clerk who organised booking and allocation of cases. 15 - 20 barristers in a chamber.

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15
Q

What is the “cab rank” rule?

A

A barrister has a professional duty to accept any case which falls in their area and has a reasonable fee.

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16
Q

What can barristers do if they have served 10 years?

A

They can “take silk”

17
Q

What is “taking silk”?

A

Can be appointed as King’s Counsel.
They take more complicated cases and charge higher fees.

18
Q

How many KCs are there?

A

800 in England and wales

19
Q

Who regulates legal executives?

A

Chartered institute of legal executives

20
Q

How many legal executives are there and where do they work?

A

20 000 and they work in solicitors firms as assistants.

21
Q

What qualications do they have? ( Legal Executives )

A

Qualified lawyers and passed the Institute of Legal Executives Professional Qualifications.

22
Q

What work do legal executives do? ( 5 )

A

Handle property transfers
Assist in the formation of a company
Draft wills
Advise on matrimonial problems
Advice clients accused of petty crimes

23
Q

Where do legal executives have right of audience?

A

County court

24
Q

Where do you complain about barristers?

A

Direct to chambers
⬇️
Bar standards board - if barrister
breached bar’s code of conduct.

25
Q

What will the Bar standards board do?

A

Discipline any barrister.
If serious enough it goes to a Disciplinary Tribunal.

26
Q

What punishments can a barrister get?

A

Reprimanded , further training , pay a fine up to £50 000 and suspend or disbar them.

27
Q

Where do you complain about Solicitors?

A

Direct to Office
⬇️
Solicitors regulation authority - if they have breached 1 or more of the SRA principles.

28
Q

If there’s serious misconduct where and what punishments can solicitors get?

A

Solicitors disciplinary tribunal — Fine , reprimand , or strike them off the roll.

29
Q

Where do you complain about legal executives?

A

Chartered institute of legal executives
⬇️
Professional conduct panel

30
Q

If it’s serious where and what punishments do legal executives get?

A

Disciplinary tribunal - warn , exclude from membership or fine up to £3000

31
Q

What is Legal Ombudsman?

A

Free complaints service.

32
Q

What act are legal ombudsman under?

A

Legal Services Act 2007

33
Q

What can legal ombudsman do?

A

Order legal executive to apologise , return any docs or refund clients money.