legal personel Flashcards
where do superior judges/justices of the supreme court sit
the Supreme Court, Court of Appeal and the High Court
where would you find the The Lord Justices of Appeals
the Court of Appeal
what are high court judges also known as and where do they sit
puisne judges
the High Court. Judges in the QBD also hear serious cases in the Crown Court.
what is the head of the judiciary called
the lord chief justice
what does the separation of powers state
the 3 functions of the state need to be kept separate to ensure citizens rights are safeguarded.
what are the 3 functions mentioned in the separation of powers doctrine
Legislative-parliament (what do they do?)
Executive- government (what do they do?)
Judiciary-judges (what do they do?)
what is the role of a solicitor
- Solicitors have direct contact with clients dealing with issues such as conveyancing, negotiating and giving both written and verbal advice.
- Much of their work involves paperwork.
- Solicitors can represent clients in court. This used to be just magistrates and County courts but since the 1990’s solicitors can represent clients in higher courts if they complete certain training.
where do solicitors work
Solicitors often work in private practice but can also work for local government.
High street firms do general work with solicitors within them focussing on particular areas of expertise, city practices tend to specialise.
Newly qualified solicitors will be associates but may progress to partners.
what are the qualifications needed to be a solicitor
- a qualifying law degree/ non law degree and a GDL
- LPC
- training contract
what skills are taught in an LPC
Client interviews, negotiation, drafting, business management and legal research.
who regulates all solicitors
The law Society supports their interests and helps influence policy and legislation.
what does the solicitors regulatory authority do
they investigate complaints about solicitors. where there is evidence of serious misconduct they put a case before the solicitors disciplinary tribunal.
if a complaint is upheld what can the tribunal do
fine or reprimand the solicitor in more serious cases they can suspend the solicitor from the roll or can strike from their role preventing them from practising.
how does a client make a complaint against a solicitor
they use the firms internal complaints procedure then they can go to the solicitors regulatory authority if they’re unhappy with the result.
in which cases did clients sue in negligence against their solicitors when they’d fallen below the duty of care expected or in contract.
griffiths v dawson, hall v simons and white v jones
what is the collective name for barristers
‘the Bar’
how many self-employed barristers are there in independent practice in England and wales
12,700
how many barristers work for the CPS, independent businesses , local government and the civil service
3000
how many years must someone be a barrister before applying to be a QC
10
what is the role of a barrister
-rights of audience so they can represent cases in any court but tend to specialise. -They also do work outside court including writing legal opinions.
what are the qualifications of a barrister
-law degree/ non law degree and GDL
-BPTC
Pupillage
what percentage of barristers are QC’s
10%
what do junior counsel do
assist QC’s
before 2004 what percentage of QC’s were female
10%
how are QCs appointed
an independent selection panel instead of the lord chancellor
who regulates the work of barristers
The General Council of The Bar
what does The General Council of The Bar do
These represent barristers and informs the appropriate government department on its views and promotes equality and diversity.
what does the bar standards board deal with
- training and disciplinary matters.
- if their code of conduct has been allegedly breached, they will investigate the complaint
where are serious complaints about a barrister referred to
a disciplinary tribunal
who arranges disciplinary tribunals for barristers
the Independent Bar Tribunals and Adjudication service
what sanctions can the tribunal impose on barristers
-Reprimand the barrister (formal warning)
-Make the barrister complete further professional development training
-Fine of up to £50, 000
Suspension for up to 12 months
-Disbar the barrister (only in extreme cases)
if the claimant isn’t happy about the outcome of a disciplinary tribunal what else can they do
they can go to the legal Ombudsman or Barristers can also be sued in negligence if their conduct has fallen below the expected standard.
explain the case of Saif Ali v Sydney Mitchell and Co.
F: A barrister when asked to give legal opinion on a case gave incorrect advice with regards who to sue. The result was that the claimant was too late to start proceedings against the correct person.
H: A barrister can be sued for negligence in respect of written advice and opinions.
what was held in Hall (a firm) v Simons
Lawyers can be liable for negligence in the conduct of advocacy in court. The Law Lords stated that it was no longer in the public interest to give advocates immunity from being sued. However, allowing advocates to be sued did not mean that whole cases would be litigated against as this would be abuse of process.
what is the role of a legal executives
-assistants in solicitors firms.
what qualifications has a legal executive gained
the Institute of Legal Executives Professional Qualification in Law.
how many practising legal executives are there
20000
what qualifications do Legal executives have to have
- Pass the professional Diploma in law and the Professional Higher Diploma in Law ;
- work in a solicitors firm for 5 yrs;
- Become a fellow of the chartered institute of legal Executives.
how does a legal executive become a solicitor
pass the Law Society’s Legal Practice Course
what is the role of a legal executive
- specialise in particular areas of law
- limited rights of audience, can represent in the County Court (civil courts).
what 3 practising certificates can a legal executive do to obtain a wider right of audience and what do they allow legal executives to do
1) A Civil Proceedings Certificate
2) Criminal Proceedings Certificate
3) Family Proceedings Certificate
- make applications for bail and or deal with cases in the Youth Court or the Family Court of the magistrates
what are free earners
paid by the solicitors firm who charge clients an hourly rate
who regulates legal executives and what do they provide
Chartered institute of Legal Executives
-provides training and skills development for legal Executives. CILEx produces the Code of Conduct that all members have to follow.
what does the CILEx Regulation Board do
Any breach of the Code of Conduct are investigated by the Regulation Board.
- They investigate and give a summary of the issues to the Professional Conduct Panel for consideration who then decides if there has been misconduct.
- The panel can wither reject the complaint or reprimand or warn a member if it is found that there has been misconduct. Serious matters will be passed to the Disciplinary Tribunal
what powers do the disciplinary tribunal have
1) Exclude a person from membership
2) Reprimand or warn the member
3) In addition the tribunal can order the legal executive to pay a fine of up to £3,000 and costs
what do the legal ombudsman do
the ombudsman’s office deals with complaints about the handling of complaints by the bar Standards Board, the Solicitors Regulatory Authority and CILEx Regulatory Board.
what can the legal ombudsman order the legal professional who was complained about to do
Apologise Return any document the client may need Do more work to resolve the issue which was the subject of complaint Refund or reduce the legal fees Pay compensation up t £ 30,000
what are the majority of complaints about which are dealt by the legal ombudsman
majority of complaints are about excessive costs, lack of information about costs, delay, failure to keep informed and failure to follow client instructions.
