Legal Personell Flashcards
How can people become solicitors?
Complete A-Levels, many attend uni to get a qualifying law degree, aswell as taking the 1 year sqe. Then must work in a legal department for 5 years.
Whats the LPC and what is taught in it?
• 1 year long course.
• Trains students in skills such as interviewing clients, negotiation, and advocacy.
• Despite this, the LPC is soon expected to be replaced by the SQE.
What happens during authorised training?
• Authorised training takes places in a solicitors law firm.
• It lasts for two years.
• Provides practical experience.
• Once completed, you will be admitted as a solicitor by the law society.
Who regulates solictors?
• The SRA ( Solicitor Regulation Authority) controls and oversees solicitors and firms that employ solicitors.
What are the disadvantages of the Solicitor training process?
• Expensive University fees.
• Very competitive job industry.
• Non law graduates only do one year of law studies.
What are a solicitors right to advocacy?
• Rights to audience is limited for a standard Solicitor.
• Solicitor has to have passed an exam and have advocacy experience in the magistrate and crown court.
• This is due to the Court and legal Services act 1990.
Role of a Solicitor?
• A solicitor working in a firm will interview clients and negotiate on their clients behalf.
• In private cases, they can give legal advice, draft documents and do administrative work.
• In criminal cases, they can attend the accused at station, interview witnesses and give information to the barrister.
What is specialising?
• Specialising means most solicitors will specialise in one specific, small area of law and carry out most of their client work in that one area.
What is briefing?
• Briefing is when a solicitor will ask a barrister to take a case to court of will to ask them for advice.
What are the overlap of roles of Barristers and Solicitors?
• Both can present cases in court, in civil cases the public can go directly to either.
• Both can do preparatory work.
Magistrates clerk.
• The Courts Clerk must be a barrister or solicitor for at least 5 years.
• The clerks duty is to guide the magistrates on questions of the law, practise and procedure.
• This is set out in S.28 of the Justice of the Peace Act 1979.
Appointment
• Local advisory committee recommended for appointment appointed by Lord Chief Justice or anyone to whom the LCJ has delegated power.
Restrictions on appointment.
• Some people aren’t eligible to be appointed as a magistrate, these people are : criminal convicts, armed forced, police officers.
• It is also unlikely for a relation to police officers to be appointed.
Character Requirements
•. Good Character.
• Understanding & communication.
• Social awareness.
• Maturity and sound temperament.
• Commitment and reliability.
Lay Magistrates
• These people are unpaid , part time Judges who have no legal qualifications and hear cases in a magistrates court.
