Legal Personnel Flashcards
What are the three routes to become a solicitor
- A levels or equivalent
Legal practice course
Two year training period
Law degree
2. A levels or equivalent Degree in another subject one year law course (COE/GDL) Legal practice course Two year training period
- 4 GCSEs
Institute of legal executives professional diploma
Institute of legal professionals higher professional diploma (ILEX)
Legal practice course
Become a fellow of ILEX ( after 5 years) or two years training period.
What is a specialised solicitor
This is a solicitor that specialises in one particular field. E.g matrimonial cases.
Conveyancing
This is the legal side of transferring houses, buildings and land.
Advocacy
This is when you Represent in court. Since the 1999 act, solicitors has full rights of audience (I.e. to put their clients case to court), but must be assessed at a higher level if they are to advocate in higher courts.
Legal disciplinary partnerships
Solicitors are allowed to partner up with other professionals such as accountants in order to provide a smoother service to the client.
Law society
They are the governing body of solicitors. All solicitors must be members.
How are solicitor complaints handled
- Solicitors can be sued
- the solicitors regulatory authority investigate complaints and can refer them to a tribunal. In some circumstances, solicitors can be suspended or even struck off.
- Since 2010, complaints can be referred to the legal ombudsman.
What must all barristers be members of
One of the 4 ‘inns of court’ in London
What is included in training to become a barrister
You must follow 12 months pupillage where for 6 months, they will shadow a qualified barrister and see how they work, and in the other 6 months, they can appear in court and conduct their own cases.
The work of a barrister
Barristers work independently and usually work from a set of chambers.
Most advocate in court, although some that specialise in certain areas might rarely appear in court.
Barristers can either be directly approached by a client, contacted by a solicitor on behalf of the client, or assigned to a client in a criminal prosecution case if the defendant has no representatives.
A barrister cannot turn down a case if they are free and if it is in the area of law that they deal with.- ‘the cab rank rule’, however says they can turn it down if approached directly by a client and if the case requires further investigation.
Regulatory bodies
-General council of the bar:
Represent the interest of the profession as a whole. It acts as a sort of trade union.
Promotes fair access to justice for all, equality and diversity, as well as Buisness opportunities at home and abroad.
-bar standards board
Regulates professional standards.
Investigates alleged breeches in codes of conduct.
Can impose sanctions, including striking off, suspending, or fining barristers.
How to be a part of the queen’s council
Must have 10 years experience as a barrister or solicitor.
Appointment and QC is referred to as ‘taking silk’.
Applications are considered by an independent selection panel.
Candidates must pay a high fee, be interviewed and then recommended to the lord chancellor for appointment.
QC usually only take one high profile cases.
How do you become a Legal executive
Candidates take the chartered institute of legal executives (CILEx) graduate fast-track diploma to become a chartered member.
They must also have completed a law degree recognised by the solicitors regulation authority (SRA) within the last 7 years, or have completed a common professional examination (CPE), or graduate diploma in law (GDL, sometimes known as GDip) conversion course, if a non-law graduate.
If they don’t have any law qualifications, they could work for a law firm and study part-time for a level 3 diploma or level 6 professional higher diploma, or start as a clerical assistant or legal Secretary. They then need to work for a further 3 years before qualifying, even if they are not working in a legal environment, if they meet the entry requirements, they could study for the CILEx graduate fast-track diploma full-time, part time or at home.
What do legal executives do
They deal with various day-to-day work, similar to that of a solicitor and can specialise in a particular area of law.
They can also go on to become solicitors.
Alternative Buisness structure (ABS)
• Since the Legal Services Act 2007:
- Legal businesses can include lawyers and non-lawyers.
- They can include barristers and solicitors.
- Non-lawyers can own legal businesses.
- Legal businesses can operate as companies.
- Commercial firms like the Co-operative Society have been given licences and can now compete with traditional high street solicitors.
- They can also bid for legal aid contracts.
