Legal Personal Flashcards
What are the 3 types of legal personnel?
Solicitors
Barristers
Legal executive
What work do solicitors do? ( There’s 8 get 4 - 5 )
Meeting with clients
Offering legal advice
Drafting legal documents
Wills and probate
Matrimonial and family matters
Negligence
Conveyancing
What does advocacy mean? ( Solicitors )
All solicitors have the right of an audience in the mag or county courts.
They can apply for a higher court.
What is the difference between the work of smaller and larger firms?
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.
Where else can solicitors work?
CPS , a local authority and as legal advisors.
Who regulates solicitors?
Solicitors Regulation authority
How many barristers in England and Wales?
16 500
Where do barristers work?
Majority self employed and advocate.
The reminder are employed by gov or industry and advice the organisation they work for.
What work do barristers do?
Advocacy
Draft legal docs
Legal research
Holding case conferences with clients
Writing an opinion for the client
Negotiating settlements
What does advocacy mean? ( barristers )
Representing clients in court
Where do barristers have right of audience?
All courts in England and wales
What is bar direct and why do we have it?
Allows someone to approach a barrister directly not through a solicitor ( past was flawed - extra cost )
What is a chamber?
Where barristers work - an office.
What is the structure of the chambers?
They employ a clerk who organised booking and allocation of cases. 15 - 20 barristers in a chamber.
What is the “cab rank” rule?
A barrister has a professional duty to accept any case which falls in their area and has a reasonable fee.
What can barristers do if they have served 10 years?
They can “take silk”
What is “taking silk”?
Can be appointed as King’s Counsel.
They take more complicated cases and charge higher fees.
How many KCs are there?
800 in England and wales
Who regulates legal executives?
Chartered institute of legal executives
How many legal executives are there and where do they work?
20 000 and they work in solicitors firms as assistants.
What qualications do they have? ( Legal Executives )
Qualified lawyers and passed the Institute of Legal Executives Professional Qualifications.
What work do legal executives do? ( 5 )
Handle property transfers
Assist in the formation of a company
Draft wills
Advise on matrimonial problems
Advice clients accused of petty crimes
Where do legal executives have right of audience?
County court
Where do you complain about barristers?
Direct to chambers
⬇️
Bar standards board - if barrister
breached bar’s code of conduct.
What will the Bar standards board do?
Discipline any barrister.
If serious enough it goes to a Disciplinary Tribunal.
What punishments can a barrister get?
Reprimanded , further training , pay a fine up to £50 000 and suspend or disbar them.
Where do you complain about Solicitors?
Direct to Office
⬇️
Solicitors regulation authority - if they have breached 1 or more of the SRA principles.
If there’s serious misconduct where and what punishments can solicitors get?
Solicitors disciplinary tribunal — Fine , reprimand , or strike them off the roll.
Where do you complain about legal executives?
Chartered institute of legal executives
⬇️
Professional conduct panel
If it’s serious where and what punishments do legal executives get?
Disciplinary tribunal - warn , exclude from membership or fine up to £3000
What is Legal Ombudsman?
Free complaints service.
What act are legal ombudsman under?
Legal Services Act 2007
What can legal ombudsman do?
Order legal executive to apologise , return any docs or refund clients money.
