legal personnel Flashcards

1
Q

What is the role of a solicitor?

A

To offer legal advice to clients on requirements in their case, and deal with paperwork and communication with others

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2
Q

where will solicitors work?

A

Often in private practice for companies or organisations

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3
Q

Who will I criminal defence solicitor be employed by in a private practice firm?

A

A firm, or a partner in a firm

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4
Q

Where may a criminal defence solicitor first contact with a client be?

A

At the police station, as everyone has a right to free legal advice

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5
Q

What can a criminal defence solicitor apply for if the client has committed a serious offence?

A

Legal representation by a solicitor or barrister in court

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6
Q

How can a criminal defence to help if the offence is less serious?

A

A solicitor represent the defendant and be paid privately charging an hourly rate

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7
Q

Who will prosecution solicitors often be working for?

A

The CPS

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8
Q

What are criminal prosecution solicitors required to tell the police?

A

Advise them on the offence switch to charge a suspect, and whether there is enough evidence for it

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9
Q

what will prosecution solicitors do in court?

A

Conduct the case, and if in magistrates Court present it if in Crown Court, a barrister will present it

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10
Q

if the defendant thinks the solicitor has mis handled the case, where can they report it

A

Solicitor regulatory authority for investigation

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11
Q

What happens if the handling at the case by a solicitor was poor or the solicitor was dishonest?

A

They can be charged with professional misconduct, and the case can be referred to the solicitors disciplinary tribunal

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12
Q

What can the solicitors disciplinary tribunal do?

A

Find reprimand, suspend or strike off the solicitor

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13
Q

what is the role of a barrister?

A

An expert in advocacy
Offer legal advice
Represent clients

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14
Q

Who will hire a barrister?

A

A solicitor

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15
Q

where do barriers practice?

A

At the bar

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16
Q

Where do barriers work?

A

from a set of chambers, where they share an administrative expense with other barters

17
Q

How do barriers charge?

A

A fitted amount, depending on the complexity and length of the case

18
Q

What rule do barriers operate?

A

The cab rank rule

19
Q

what is the cab rank rule?

A

Barriers cannot turn down a case if it’s in the area of law and there are available

20
Q

what can senior barristers become?

A

The Kings Council

21
Q

What will barriers do during a trial?

A

make an opening statement
Examine the witness
Cross examine witness
Make a closing statement
If the defendant is guilty, make a plea mitigation

22
Q

What will barristers do after trial?

A

advised that defendant of prospect of an appeal
And if an appeal is made, or do the appeal in court

23
Q

where can the defendant make a complaint about the barrister?

A

The bar standard board who can discipline the barrister

24
Q

If a barrister has mishandled the case, what can they be required to attend?

A

A disciplinary hearing at the disciplinary tribunal of the council of the ends of court

25
What can happen to the barrister if they have to attend a disciplinary hearing?
They can be suspended or disbarred
26
Where do legal executives work?
In a solicitors firm
27
What will legal executives do?
help prepare a case through research Take witness statements Look at the relevant law Assist solicitors in court Apply for bail in a magistrates court
28
What can legal executives do?
work alongside solicitors in a specialised area of law Carry out reserved, legal work under supervision of an authorised person
29
What are the most common specialised areas of law?
conveyancing Company and business law Litigation Personal injury Family Probate