Legal Personnel Flashcards
What are the 2 A level routes to becoming a solicitor?
- law degree
- legal practice course (LPC)
- 2 year training period
- degree in another subject
- one year law course (CPE)
- legal practice course
- 2 year training period
What is the GCSE route to becoming a solicitor?
- institute of legal executives legal diploma (ILEx)
- institute of legal professionals higher professional diploma (ILEx)
- legal practice course
- become a fellow of ILEx (after 5 years) or 2 year training period
Describe the work of a solicitor.
- Specialising (can be general practitioners or focus on one area)
- Conveyancing (legal side of transferring houses, buildings, land, etc)
- Advocacy (representing in court)
- Legal disciplinary partnerships (partnering up with other professions i.e. accountants).
What act allowed rights of audience for solicitors?
Access to Justice Act (1999) however, solicitors must be assessed in order to represent in the higher courts.
What is the governing body for solicitors? (All solicitors must be members)
The Law society.
What can solicitors be sued sue.
Negligence. For example if they have provided a poor service. (Griffiths v Dawson, White v Jones)
What must all barristers be a member of?
One of the 4 Inns of Court in London.
Describe the route to become a barrister.
Often people become a barrister after working as a solicitor,
- degree based
- all candidates must pass the Bar professional training course
- 12 month pupillage follows (on the job training, after 6 months shadowing you can conduct own cases)
- lawyers doing advocacy in higher courts must be accredited 1-4 by the Quality Assurance Scheme for advocates
Describe the work of a barrister (where they work, how to be approached, etc)
- Usually work in chambers but work independently.
- barristers may work pro bono
- most advocate in court but some are company/tax specialists.
- barristers can be approached by client (not recommended), approached by clients solicitor, or assigned to a defendant in a criminal case.
What is the cab rank rule?
Rule stating that barristers cannot turn down a case if they are free and if it is in an area of law they can deal with. They can turn it down if approached directly by a client and if the case requires further investigation.
What are the regulatory bodies for barristers?
The general council of the bar, and the bar standards board.
What does the general council of the bar do?
- represents the interests of the profession and acts sort of like a trade union.
- promotes fair access to justice.
What does the bar standards board do?
- regulates professional standards.
- investigates breaches in code of conduct.
- can impose sanctions.
- sets out a code of conduct.
How does a person become a QC?
- must have 10 years experience as barrister/solicitor.
- appointed is referred to as taking silk.
- applicants considered by independent selection panel.
- candidates must pay high fees, be interviewed then recommended to the Lord Chancellor for appointment.
Who is the Lord Chancellor?
Cabinet minister, Secretary of State for justice. Under the old system (reformed in 2009) they were judges who also sat in the House of Lords. Now, the LC doesn’t have to be legally qualified, they are just MP’s, but they retain the power to appoint judges.
