Legal Personnel Flashcards
How many barristers are self employed?
12,700
Where do self employed barristers work from?
A set of chambers
What do clerks do?
Allocate work to the barristers and negotiate fees
What is advocacy?
Presenting cases in court
What rights of advocacy do barristers have?
Full rights of audience, they can present cases in any court in England and Wales on behalf of another person
Which specialised areas of law rarely require attendance at court?
Tax and company law
What does paperwork include for barristers?
- writing opinions on cases
- giving advice
- draft documents for use in court
What is direct access?
When you don’t have to go to a solicitor first in order to get a barrister
What must a barrister do to do direct access work?
Additional training
How many barristers are employed by central and local government, the Civil Service, private businesses and the CPS?
3000
What rights of audience do employed barristers have?
Full rights of audience
When is it possible for a junior barrister to apply to be a Queen’s Counsel?
After 10 years of being a junior barrister
What percentage of barristers are Queen’s Counsel?
10%
What do Queen’s Counsel barristers do?
- take on more complicated and high profile cases
* command higher fees for their recognised expertise
How many solicitors are in private practice?
90,000
How many solicitors are in employed work?
40,000
What will a small high street firm solicitor do?
Advise clients on a range of topics including consumer problems, housing and business matters and family problems
What will a large city firm solicitor do?
Concentrate on commercial and tax work
What does paperwork include for a solicitor?
- conveyancing
- drawing up wills
- contracts
- give legal advice
- may act for clients in court
What are the rights of audience for a solicitor?
Rights of audience:
- Magistrates Court
- County Court
- Those with sufficient experience of advocacy can obtain a higher courts advocacy qualification after passing assessments
When necessary to go to court what will a solicitor do?
Brief a barrister to do the case and the solicitor will do the preparatory work
How many legal executives are employed in solicitors firms as assistants?
20,000
What do legal executives do?
- draft wills
- advise people with matrimonial problems
- advise clients accused of crime •prepare leases
What rights of audience do legal executives have?
Some rights of audience, they can make applications where the case is not defended in family matters and civil cases. They can do a course on advocacy to gain rights of audience in Youth Court and Magistrates Court
Who are responsible for the legal executives work?
The partners of the firm
What does the Legal Services Act 2007 allow?
Up to 25% of partners in a firm can be non-lawyers
What does regulation help do?
Protect the public and ensure that legal personnel behave in an appropriate way
What are all bodies overseen by?
Legal Services Board
What does the Legal Services Board aim to do?
Bring consistency and clarity to the regulation of lawyers, with a sharp focus on the interests of the consumers of legal services
Who represents the interests of barristers?
The General Council of the Bar
Why was the Bar Standards Board set up?
Because The General Counsel of the Bar used to represent barristers and deal with complaints about them so there was conflict
What does the Bar Standards Board do?
- Regulates the profession of barristers •sets out training, entry standards and a code of conduct
- investigates any alleged breach of the code of conduct
- discipline any barrister who breaches it
If the breach of the code of conduct is serious what will the Bar Standards Board do?
Refer the barrister to a Disciplinary Tribunal which can •reprimand •fine •suspend •disbar
If the complainant is unhappy with the decision of the Bar Standards Board where can they go?
Legal Ombudsman
Who represent the interests of solicitors?
The Law Society
Why was the Solicitors Regulation Authority set up?
Because The Law Society used to represent the interests of solicitors and deal with complaints about them so there was conflict
What does the Solicitors Regulation Authority do?
- sets out a code of conduct
* deals with complaints about professional misconduct of solicitors
If the breach of the code of conduct is serious where will it go?
Solicitors Disciplinary Tribunal
What can a Solicitors Disciplinary Tribunal do?
- reprimand
- fine
- suspend
- strike off
If the complainant is unhappy with the decision of the Solicitors Regulation Authority where can they go?
Legal Ombudsman
Who represents the interests of legal executives?
The Chartered Institute of Legal Executives
What does The Chartered Institute of Legal Executives Regulation Board do?
Set out a code of conduct and deals with complaints
What happens with complaints about legal executives?
It’s put to the Professional Conduct Panel for consideration
Where will a serious complaint about a legal executive go?
Disciplinary Tribunal
What do the Legal Ombudsman do?
Deal with complaints against the handling of complaints
What can the Legal Ombudsman order the legal professional to do?
- apologise
- give back any documents
- put things right
- refund or reduce legal fees
- pay compensation
What are the complaints made to the Legal Ombudsman about?
Excessive legal fees, deficient information, delay, failure to follow instructions, failure to keep the client informed
