Legal Personnel Flashcards
Solicitors
<span>- <span>usually clients first point of contact within legal profession</span></span>
- work in large city firms dealing with multinational clients to smaller, less specialised <em>‘high-street’ </em>practices
- some work<em> ‘in-house’ </em>for local gov or private industry
- can be <b>contentious </b>(courtbased) or <b>non-contentious</b> (e.g conveyancing)
<span>- provide legal advice to clients, negotiate on their behalf, do advocacy work; draw up contracts, draft wills, take witness statements
</span><span>- solicitors may <em>brief</em> barrister to conduct case when necessary to go to court; may also <em>consult</em> barristers for an opinion on a complex case</span>
- can act as <b>Advocates in MC & County</b>
- can also exercise <em>higher rights of audience</em> following <u>Courts & Legal Services Act 1990 </u>& <u>Access to Justice Act 1999</u> by completing extra training & passing examinations on the rules of evidence & applying for certificate of advocacy
- then known as <b><em>Solicitor Advocates</em></b>; solicitors with advocacy qualifications are eligible as Queens Counsel</span>
Solicitor Regulation
<span>1. <b>Law Society</b></span>
- all practising solicitors must be members of <u>Law Society</u>, which supports interests of lawyers by making sure professions voice is heard in gov, industry & international jurisdictions
- LS campaigns to try to influence gov policy & public on range of legal issues - work to influence policy & legislation to ensure <em>it protects members, public & justice system</em>
- <b>Solicitors Regulatory Authority</b>
- regulated by SRA which set standards for qualifying as a solicitor; also monitor quality of training and refers complaints about professional misconduct to the <u>Solicitors Disciplinary Tribunal</u>
- If complaint is upheld SRA can <em>fine or reprimand</em>; <em>suspend</em> or even <em>strike off the roll</em> preventing one from practising as solicitor</span>
Solicitor Qualifications & Training
<span><b>Route 1</b>
- three year law degree including certain core subjects; followed by completion of <u>Legal Practice Course</u>; over a year full-time/two years part-time
<b>Route 2</b>
- non-law degree followed by the <u>GDL</u> <em>(one year conversion course)</em> after which the LPC can be taken
<b>After</b>
- obtain a training contract <em>(typically 2 years)</em> where experience areas of a firms work & also undergo further training</span>
<span>- successful completion of training contract; trainee solicitor applies to <u>Solicitors Regulation Authority</u> where if accepted; admitted to <u>Roll of Solicitors</u> becoming fully qualified</span>
Barristers
<span>collectively known as<em> ‘the Bar’</em> & controlled by own professional body <u>'General Council of the Bar'</u></span>
Self-employed & work out of chambers; employ clerks who arrange meetings with clients, solicitors & negotiate fees - most chambers are small with <u>15-20</u> barristers
Some qualified barristers do not work at Bar but instead for <u>Law Centres, Advice Agencies, Government Departments, or private companies.</u>
Barristers allowed to conduct advocacy in superior courts<b> (full rights of audience) </b>which is where majority of work takes place; also provide expert opinions on points of law to solicitors, write opinions on cases, give advice & draft complex documents for use in court
Follow the <u><b> 'cab rank' </b></u> rule; meaning barristers must, if free, accept any case within area of specialism for which a suitable fee is offered
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<span>Direct Access Scheme:
since 2004, members of public can instruct barristers directly for civil cases where before client access was usually via solicitor; increasing legal costs
direct access still not allowed for criminal cases/family work
must undergo additional training to engage in DA work</span>
Barristers Qualifications & Training
<span><b>Route 1</b>
- three year law degree including core subjects; must pass the <u>Bar Course Aptitude Test</u> to complete the <u>Bar Professional Training</u><u> Course </u>over a <em>year full-time/two years part-time</em></span>
<b>Route 2</b>
- non-law degree followed by <u>GDL</u> (one year conversion course); after which one of four <u>Inns of Court</u> is joined and the <u>BPTC</u> can be taken subject to passing the <u>BCAT</u></span>
<span> <b>After</b></span>
- students must join one of four <u>Inns of Court</u> & complete <em>12 qualifying sessions</em> or<em> residential training weekends</em>; on completion, <b>‘called to the Bar.’</b>
- to gain a place in chambers, barristers complete pupillage - <u>first six months</u>: observing cases, assisting barristers with research; <u>second six months</u>: work shadowing continues but pupil barristers take on own simple cases under supervision; on completing pupillage, candidates hope to obtain <b><em>tenancy</em></b> (permanent place in Barrister’s chambers)</span>
<span>BPTC - subjects include case preparation, legal research, criminal & civil advocacy & litigation, drafting documents, opinion writing, conference skills, interviewing clients, adovacy & negotiation</span>
Barristers Regulation
<span>1. <b>General Council of the Bar</b>
acts as <em>trade union</em> for barristers; represents interests of Bar by promoting high quality specialist advocacy & advisory service available
makes bars views known to gov about issues such as legal aid payment rates
council promotes <em>fair access to justice, high standards of ethics, equality & diversity, development of business oppurtunities for barristers</em></span>
- <b>Bar Standards Board</b>
barristers regulated by BCB who oversee training, professional conduct & disciplinary matters
there is a code of conduct to comply, alleged breaches investigated by BCB; breaches may be referred to disciplinary tribunal arranged by independent <u>Bar Tribunal & Adjudication Service</u>
<em>sanctions </em>from tribunal may include: reprimand; further professional training; fine up to £50,000; suspension up to 12 months or disbarring in extreme cases</span>
Queen’s Counsel
<span>Barristers or solicitors with <em>advocacy qualification & at least 10 years experience</em> can apply to become Queen’s Counsel (QC)</span>
<b>10%</b> of barristers practising at Bar are QC’s - becoming QC is also known as <b>‘taking silk’</b>
QC’s take on more <em>complicated & high-profile</em> cases & can command <em>higher fees</em> for their expertise; many QC’s have <em>associate barrister</em> to assist with cases</span>
Legal Executives
<span>- carry out work similar in nature to solicitors
- qualified lawyers who have passed Institute of <u>Legal Executives Professional Qualification</u> in Law; usually specialise in an area</span>
- provide legal advice to clients, negotiate on their behalf & do some advocacy work; draw up contracts, draft wills, advise people related to specialism & take witness statements
- do not automatically gain rights of audience to argue cases in court: since <b>2008,</b> can undergo <em>additional training in advocacy</em> and <em>obtain wider rights of audience</em> in civil, criminal or family proceedings, where they can deal with matters such as application for bail, dealing with <u>Youth or Magistrates court</u></span>
Legal Executives Qualifications & Training
<span>- Typically complete training on a <em>part-time basis </em>whilst working for a law firm</span>
- Study wide range of academic lawtopics but undertake <b>narrower vocational training</b> than solicitors suited to their specialisation
- Must pass <u>Professional Diploma in Law</u> & <u>Professional Higher Diploma in Law</u>
- After 5 years work experience in solicitors firms or other legal organisation, they become a <u>Fellow of the Chartered Institute of Legal Executives</u>
- Chartered legal executives can go on to become qualified solicitors by completing further legal study & <u>Legal Practice Course</u></span>
Legal Executives Regulation
<span>1. <b>Chartered Institute of Legal Executives (CiLEX)</b>
all LE must be members of CiLEX which provides education, training & professional development for LE; works to promote & protect interest of legal executives - CiLEX publishes <em>code of conduct</em>, regulated by CiLEX Regulation Board</span>
- <b>CiLEX Regulation Board</b>
Independent regulator of CiLEX members & investigates complaints about LE; after investigation, board produces a summary report for <u>Professional Conduct Panel</u> who decides if in misconduct - reprimand, warning or referral to <u>Disciplinary Tribunal </u>for serious issues, can also exclude or order fines of £3,000 plus costs</span>
Legal Ombudsman
<span>- Office set up to deal with complaints against legal profession; deals with complaints about handling of complaints by the Solicitors Regulatory Authority, Bar Standards Board & CiLEX Regulatory Board</span>
- Main complaints on excessive costs, lack of information about costs provided before billing, delay, failure to follow instructions, failure to keep those involved informed about progress of the case
- Powers include ordering subject of complaint to apologise to client; to put things right if more work can correct what went wrong; to reduce or regund the legal fees or to pay compensation of up to £30,000</span>
Justices of Supreme Court
<span>- hear <em>100 cases a year</em>, all of which on a point of law of general public importance</span>
- civil or criminal; civil inv. complex & technical area i.e planning, tax, company law
- sit as a panel of uneven numbers <em>(minimum 5)</em> to hear cases
- any decision taken by SC is <em>binding on court & all lower courts</em>
e. g <u><b>MILLER NO.2</b></u>; <b><u>IVEY v GENTING CASINOS</u></b></span>
Lord Justices of Appeal
<span>- hears appeals in both criminal & civil divisions of CoA</span>
- over <u>7,000</u> appeals against <em>sentence/conviction</em>; only <u>1,800</u> (1/4) progress to a <em>full hearing</em>
- over <u>3,000</u> civil appeals on <em>finding of liability/appeal on remedy awarded</em>
- usually sit as panel of <b>3,</b> rarely panel of <b>5 </b>in most important cases
- decisions taken are binding on CoA & lower courts</span>
High Court Judges
<span>- try cases at <em>first instance</em> as a single judge; hear evidence from witnesses, make findings of act, decide the law & which side has won</span>
- can decide appropriate remedy (injunction/damages); if damages, decide how much
- hears appeals from civil cases in <em>county court & upper tier of tribunal </em>
- HC judges from <u>QBD </u>hear criminal appeals by way of case stated <b><em>(on paper only)</em></b> <u>from MC on matters of law</u>, as a panel of 2
- also <u>hear CC trials with a jury</u>; jury decides facts, judges decides law; judge decides sentence where D pleads or found guilty by jury</span>
Circuit Judges
<span>- sit in county court to hear civil cases</span>
- decide facts, law & outcome
- sit in crown court to try criminal cases </span>
