legal personnel Flashcards

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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
Q

What can happen to the barrister if they have to attend a disciplinary hearing?

A

They can be suspended or disbarred

26
Q

Where do legal executives work?

A

In a solicitors firm

27
Q

What will legal executives do?

A

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
Q

What can legal executives do?

A

work alongside solicitors in a specialised area of law
Carry out reserved, legal work under supervision of an authorised person

29
Q

What are the most common specialised areas of law?

A

conveyancing
Company and business law
Litigation
Personal injury
Family
Probate