Legal Personell Flashcards
What do Barristers do?
Barristers will prepare legal documents, advise clients, negotiate on their behalf, and appear in court.
Barristers have full ‘rights of audience’, meaning they can present a case in any court.
In criminal cases, barristers will either defend D, or prosecute for the CPS.
Barristers will be instructed by the solicitor.
The barrister will advise on the on the strength of the case against D, and D will decide whether to plead guilty or not.
The barrister may then represent D/the CPS in court.
After the case, the barrister can advise on the possibility of appeal.
Civil cases are largely handled through written evidence and arguments prepared by the barrister before there is a trial, and there may be negotiation meetings too.
If there is a court case, the barrister will present evidence, and advise on the possibility of appeal against liability/the award of damages
Who are barristers?
Most barristers are self-employed, but work from a set of ‘chambers’ with a group of other barristers and support staff.
Some barristers are employed by government organisations such as the civil service or the CPS. Barristers often specialise in a particular area of law, as well.
Usually, barristers are instructed by solicitors, but the Direct/Public Access portal can let members of the public directly access barristers (unless it is a legally funded case).
What can barristers do after 10 years
After at least ten years of practicing, barristers can apply to be become a King’s Counsel
The application requires references from lawyers and judges who have heard the barrister’s cases, and there in an interview with an independent panel.
KCs tend to handle more complex cases and attract a higher fee.
How are barristers regulated?
The Bar Standards Board sets out a code of conduct for barristers and investigates any alleged breaches. This board can also discipline a barrister who is in breach. Serious matters will be handled by a disciplinary tribunal. Possible sanctions that can be imposed are: A formal warning (a reprimand); further training; a fine; suspension from the bar; or disbarring entirely.
If a complainant is unhappy with the decision of the Bar Standards Board, the Legal Services Act 2007 allows a complaint to be made to the legal ombudsman about the process.
Barristers can also be sued for breach of contract or negligence if their quality of work is very poor (Hall v Simons)
How do you become a legal executive?
To become a legal executive, a person has to have obtained the Chartered Institute of Legal Executives (CILEX) qualification, and completed three years supervised legal experience.
What do legal executives do?
Much like a solicitor, Legal executives usually work in a firm of solicitors or can work for the CPS or private companies.
Legal executives often specialise in a particular area of law, and perform similar work to a solicitor, but usually deal with more straightforward matters. For instance, advising clients; writing formal documents etc.
To appear in court, legal executives can obtain different advocacy certificates, but these are usually only for lower courts such as the county or youth court.
How are legal executives regulated?
CILEX publishes a code of conduct as well as guides to good practice, then the CILEX regulation board can investigate complaints about legal executives.
A summary of the investigation’s findings are then put to the Professional Conduct Panel, who consider if there has been misconduct. If there is a finding of misconduct, the legal executive can be warned/reprimanded by the panel.
More serious matters go to the Disciplinary Tribunal who can also warn/reprimand the legal executive, or order a fine or exclusion of the executive.
If a complainant is unhappy with the decision of the panel, the Legal Services Act 2007 allows a complain to be made to the legal ombudsman
It is likely that legal executives can be sued for breach of contract or negligence, just like solicitors.
What do solicitors do?
Mostly, Solicitors work in private firms, but some do work for the Government in some way. Some firms focus on specific areas of law, others are more general practice.
Solicitors often interview clients, negotiate on their behalf, draft legal documents, write emails and letters etc.
Solicitors have rights of audience in lower courts, but a qualification is needed to have rights in the higher courts.
In civil cases, solicitors will advise clients; collect and prepare evidence; then either instruct and assist a barrister, or may advocate themselves.
In criminal cases, solicitors will speak to a client who has been arrested or issues a summons, then obtain details of the case and advise the client. Depending on the seriousness of the case, the solicitor may instruct a barrister or represent the client themselves.
After at least ten years of advocating in higher courts, solicitors can apply to be become a KC. The application requires references from lawyers and judges who have heard the solicitor’s cases, and there in an interview with an independent panel. KCs tend to handle more complex cases and attract a higher fee.
How are solicitors regulated?
The Solicitors Regulation Authority (SRA) handles complaints of solicitor misconduct. They initially investigate the complaint, and if there is enough evidence, bring a case to a Disciplinary Tribunal. If the complaint is upheld, the solicitor can receive a warning (reprimand), fine, suspension, or be stricken off entirely.
If a complainant is unhappy with the decision of the SRA, the Legal Services Act 2007 allows a complain to be made to the legal ombudsman
Solicitors can be sued for breach of contract, as well as in negligence for poor advocacy (Hall v Simons) or poor work (White v Jones)
Explain the different types of judges?
District judges handle civil and criminal cases in the lowest courts. To become a district judge, the applicant must have qualified as a solicitor or barrister, and have gained experience in law for at least five years or have been a deputy district judge. Legal executives are only able to become deputy district judges.
Being a recorder is a part-time post for solicitors or barristers who have at least seven years experience. They handle slightly more complex cases in the county court, as well as less serious cases in the Crown Court.
Circuit judges in the County Court hear a wider range of legal issues including some property and family law. They also hear cases in the Crown Court. To become a circuit judge, the applicant must have been a solicitor or barrister with experience for at least seven years, and ideally have served as a District Judge or a recorder previously
A High Court judge will handle cases in one of three divisions of the High Court. King’s Bench Division judges handle high value contract and tort cases, but can also hear serious criminal cases in the Crown court. Chancery Division judges her high value claims about business disputes and financial affairs. Family Division judges hear claims about divorce, distribution of assets, and child welfare issues. High Court judges may also assist Lord Justices of Appeal with cases relating to their division. To become a High Court Judge, one needs to be a barrister or solicitor and had at least seven years experience, or to have been a circuit judge for at least two years. Usually, those appointed have been practicing barristers for over twenty years
Lord Justices of Appeal handle cases in either the civil or criminal division of the Court of Appeal, where they hear appeals from the Crown court or divisions of the High Court. To become a Lord Justice, one must have been qualified as a solicitor or barrister and have experience for at last seven years, or be an existing high court judge.
Finally, Justices of the Supreme Court hear appeal cases on matters of public importance. Supreme Court judges are chosen either from the Court of Appeal, or those who have served in senior courts for at least 15 years.
Explain the different types of judges in inferior courts?
District judges handle civil and criminal cases in the lowest courts. To become a district judge, the applicant must have qualified as a solicitor or barrister, and have gained experience in law for at least five years or have been a deputy district judge. Legal executives are only able to become deputy district judges.
Being a recorder is a part-time post for solicitors or barristers who have at least seven years experience. They handle slightly more complex cases in the county court, as well as less serious cases in the Crown Court.
Circuit judges in the County Court hear a wider range of legal issues including some property and family law. They also hear cases in the Crown Court. To become a circuit judge, the applicant must have been a solicitor or barrister with experience for at least seven years, and ideally have served as a District Judge or a recorder previously.
Explain the different types of judges in superior courts?
A High Court judge will handle cases in one of three divisions of the High Court. King’s Bench Division judges handle high value contract and tort cases, but can also hear serious criminal cases in the Crown court. Chancery Division judges her high value claims about business disputes and financial affairs. Family Division judges hear claims about divorce, distribution of assets, and child welfare issues. High Court judges may also assist Lord Justices of Appeal with cases relating to their division. To become a High Court Judge, one needs to be a barrister or solicitor and had at least seven years experience, or to have been a circuit judge for at least two years. Usually, those appointed have been practicing barristers for over twenty years.
Lord Justices of Appeal handle cases in either the civil or criminal division of the Court of Appeal, where they hear appeals from the Crown court or divisions of the High Court. To become a Lord Justice, one must have been qualified as a solicitor or barrister and have experience for at last seven years, or be an existing high court judge.
Finally, Justices of the Supreme Court hear appeal cases on matters of public importance. Supreme Court judges are chosen either from the Court of Appeal, or those who have served in senior courts for at least 15 years.
Explain the roles of a judge?
In the Magistrates court, district judges hear evidence, then decide a verdict and sentence for summary and triable either way offences.
In the Crown Court, Recorders and Circuit judges decide on points of law, ensure the correct procedure is followed, advise the jury, and pass a sentence on serious triable and indictable offences. They also handle appeals from the magistrates Court. High Court judges (from the King’s Bench Division) handle more serious indictable offences.
In the County Court, District judges, recorders, and circuit judges all hear evidence and decide on points of law before deciding on liability, where costs should fall, and the remedies to award. They also handle pre-trial matters such as case management and timetable setting. High Court judges do all the same as above, but also handle appeals from the County court.
Judges in the Court of Appeal hear appeals from the Crown or High Court (sometimes the County if there is a ‘leapfrog appeal’) by listening to legal arguments and deciding if the original decision should stand.
Supreme Court judges hear appeals from the Court of Appeal by listening to legal arguments and deciding if the previous decision should stand.
Explain the roles of judges in a criminal case?
In the Magistrates court, district judges hear evidence, then decide a verdict and sentence for summary and triable either way offences.
In the Crown Court, Recorders and Circuit judges decide on points of law, ensure the correct procedure is followed, advise the jury, and pass a sentence on serious triable and indictable offences. They also handle appeals from the magistrates Court. High Court judges (from the King’s Bench Division) handle more serious indictable offences.
Judges in the Court of Appeal hear appeals from the Crown Court by listening to legal arguments and deciding if the original decision should stand.
Supreme Court judges hear appeals from the Court of Appeal by listening to legal arguments and deciding if the previous decision should stand.
Explain the roles of judges in a civil case?
In the County Court, District judges, recorders, and circuit judges all hear evidence and decide on points of law before deciding on liability, where costs should fall, and the remedies to award. They also handle pre-trial matters such as case management and timetable setting.
High Court judges do all the same as above, but also handle appeals from the County court.
Judges in the Court of Appeal hear appeals from the High Court (sometimes the County if there is a ‘leapfrog appeal’) by listening to legal arguments and deciding if the original decision should stand.
Supreme Court judges hear appeals from the Court of Appeal by listening to legal arguments and deciding if the previous decision should stand.
