legal personelle Flashcards
what are barristers? what is their role?
self-employed legal advocates who generally practice out of chambers in court
their role includes
-being briefed by a solicitor on behalf of a client or approached directly for certain civil matters
-rights of audience in all courts to represent clients
-act as a specialist legal advisor, giving objective advice
-if in Kings Council, handling very serious or complex cases
-drafting legal documents for court
-working for the CPS or large businesses
what are solicitors? what is their role?
their role depends on what firm they are employed in, but can include:
-acting as a first contact with clients needing legal advice
-acting as advocates for clients, generally in lower courts
-organising a barrister for a client if the case goes to crown court or higher
-writing letters on their clients behalf on legal matters
-drafting contracts or other legal documents
-generally working in private practice, but can work for large businesses
what are legal executives? what is their role?
qualified lawyers and usually specialise in one area of law, generally working beside solicitors
-acting as a first contact for clients needing legal advice
-limited rights of audience, generally in lower courts
-giving legal advice to clients on specialist areas
-handling legal aspects of a property transfer
-drafting contracts or other legal documents
what does it mean to regulate legal personelle?
the actions of individuals / a collective are overseen and governed by an authorised organisation
how are barristers regulated?
by the bar standards board, who
-set the education and training of barristers throughout their career
-set the standards of conduct of barristers
-monitor the services provided by barristers
-handle complaints against barristers and taking disciplinary action where needed
how are solicitors regulated?
by the solicitors regulatory authority who
-set standards for qualifying as a solicitor
-monitor the performance of solicitors
-set rules for professional conduct
-handle complaints about those that don’t follow the authority’s rules
-operating a compensation fund for clients who lost money as a result of a solicitors dishonesty
how are legal executives regulated?
regulated by the chartered institute of legal executives (CILEX) who
-oversee the education, qualification and practice standards of legal executives
-take action against legal executives who don’t meet those standards
barristers:
-governing body
-regulatory body
-powers of regulatory body
-client liability
-bar council
-bar standards board
-fined, individual sanctions, suspension, disbarment from working
-no contractual liability but can be sued for negligence
solicitors:
-governing body
-regulatory body
-powers of regulatory body
-client liability
-law society
-solicitors regulatory authority
-fined, written rebuke, reprimand, severe reprimand
-contractual liability and can be sued for negligence
legal executives:
-governing body
-regulatory body
-powers of regulatory body
-client liability
-CILEX
-CILEX regulation
-reject a complaint, impose conditions on future work, exclude from membership, fined, ordered to pay costs of the case
-contractual liability and can be sued for negligence
what is the legal services board?
-created under the legal services act 2007
-oversees the regulation of lawyers in england and wales
-suggests reform and recommendations to modernise the legal services market
what are the legal obudsman?
an independent scheme that resolves complaints about lawyers from clients in a fair and effective way when a dispute cant be resolved between themselves or a relevant regulatory body
