Legal Personnel Flashcards
State what Barrister are collectively referred to.
‘The Bar’
What are the 4 Inns of Court, where all Barristers must be a member of?
- Lincoln’s Inn
- Inner Temple
- Middle Temple
- Gray’s Inn
Describe the training to become a Barrister.
- Entry to Bar normally degree based
- If you don’t have a degree, must take Graduate Diploma in Law (GDL) or Common Professional Examination (CPE) in order to qualify.
- Then have to pass the Bar Professional Training Course
- Once passed, he is then ‘called to the bar’
- Then a practical stage must be completed- ‘pupilage’
- Then on-the-job training for 12 months- involves ‘work shadowing’ a Barrister (Pupil Master)
What do student barristers study in the Bar Professional Training Course?
- Case prep
- Legal research
- Advocacy
- Opinion Writing
- Conference Skills
What is the role of Barristers?
- Practicing Barristers are self-employed, based at Chambers
- Most chambers have 15-20 barristers
- Solicitor firms contact a chamber when they need to instruct a barrister on case
- Majority of Barristers concentrate on advocacy
- Crim Barristers in Court everyday, tax and company law Barrister rarely in court.
Explain the Access to Barrister.
- Originally could only get to Barristers through a solicitor (paying twice)
- Now have direct access to Barristers in Civil Matters
- Must still go through a solicitor if it’s in Criminal or Family Law
- To do direct access work, Barrister must do further training
Describe the training to becoming a Solicitor?
- Usually have a law degree
- Law conversion course packs key learning of law degree into one year
- Following the SQE, conversion course isn’t required to become a solicitor
During training, will learn how to:
- Prep case
- How to interview clients
- Advocacy
- Business Managment
What is the SQE assessment?
- Assessment you must pass to qualify as a solicitor
- To qualify through SQE: need a uni degree (law or non-law), pass SQE1 and SQE2 exams, pass SRA’s character and suitability assessment and completed 2 years QWE (training contract)
Explain the role of a Solicitor.
- Work of Solicitor varies depending on type and size of firm
- High street firms involve more general work and directly advise clients with consumer problems, e.g. housing
- May also specialise in a particular area of law
- Larger firms usually just deal with Business and Commercial Law
How do you become a Kings Council and what is their role?
- After at least 10 years experience as a Barrister or Solicitor, can apply
- Take on more complicated and high profile cases, lead junior barristers/solicitor advocates.
Explain the training to becoming a Legal Executive?
- Must pass Professional Diploma in Law and Professional Higher Diploma in Law
- Must also work in a solicitor’s firm, or other legal organisation for at least 5 years
- Once complete, become a Feloow of the Chartered Institute of Legal Executives (CiLEX)
- Can then become a Solicitor but have to pass the Law Society’s Practical Course
What are the roles of a Legal Executive?
- Handling legal aspects of property transfer
- Draft wills
- Advise clients accused of petty crime
What are the Regulatory Bodies for Barristers?
General Council of the Bar:
- Represents all Barristers in England and Wales
- Promotes the bars highest quality specialist advocacy and advisory services
- Acts like a ‘trade union’ in representing interests of the Bar
Bar Standards Board:
- Regulates profession of Barristers and sets entry and training standards
- Sets code of conduct, all Barristers must comply with
- Will investigate and can discipline any breaches of code.
What are the Regulatory Bodies for Solicitors?
Law Society:
- Focus is to support, promote and represent all solicitors, so can help their clients
- Work to ensure no one is above the law and to protect everyone’s right to have access to justice
Solicitors Regulatory Authority:
- Deals with complaints about professional misconduct of solicitors and will investigate any matters raised with them
- If there’s evidence of misconduct, case can be put before Solicitor’s Disciplinary Tribunal
What are the Regulatory Bodies for Legal Executives?
Chartered Institute of Legal Executives:
- All legal executives must be a member
- Provides education, training and development of skills
CiLEX regulation board:
- Independent regulator of the members of CiLEX and investigates complaints about Legal Executives
- Summary of issues put forward to Professional Conduct Pannel- decided if theres been misconduct
