Legal Personnel Flashcards
Role of barristers
-when required being briefed by a solicitor on behalf of a client or approached directly in certain civil matters
-rights of audience in all courts to represent clients, particularly the crown court or higher courts
-acting as a specialist legal advisor, giving clients independent and objective advice and opinion on the merits of a case, called ‘counsel’s opinion’
-if appointed as Queens counsel (QC) handling very serious or complex cases
-drafting legal docs for court
-working for the CPS or large business who have legal departments
Role of solicitors
-acting as first contact with clients needing legal advice on a range of specialist areas e.g conveyancing
-acting as advocates for clients generally in lower courts e.g. magistrates
- organising a barrister for their client if the case goes to crown court or higher
-writing letters on clients behalf on legal matters
-drafting contracts or other legal docs e.g. wills
-generally working in private practice but can work for large businesses that have a legal department or local authorities
Role of legal executives
- acting as a first contact with clients needing legal advice in straightforward cases
- limited rights of audience acting as advocates for clients, generally in lower courts such as County court
- giving legal advice to clients on a range of specialist areas e.g. personal injury
- handling legal aspects of property transfer
- drafting contracts or other legal docs e.g. wills
Regulation of legal personnel
vital in order to ensure a safe secure and responsible environment for lawyers and their clients
- if there were no specific regulation lawyers could potentially act unprofessionally or negligently without recourse and their clients would have little or no redress against them
-MAINLY GOVERNED BY LEGAL SERVICES ACT 2007
Regulation of barristers
REGULATED BY BAR STANDARDS BOARD WHOSE DUTIES INCLUDE:
-setting the education and training requirements or barristers and continuing training requirements throughout their career
-setting the standards of conduct for barristers
-monitoring the service provided by barristers
- handling complaints against barristers taking disciplinary action where required
Regulation of solicitors
REGULATED BY SOLICITORS REGULATORY AUTHORITY WHICH PROTECTS/HELPS PUBLIC BY:
-setting the standards for qualifying as a solicitor
-monitoring the performance of solicitors
-setting the rules for professional conduct
-handling complaints against solicitors who do not follow the authority’s rules
- operating a compensation fund for clients who have lost money as a result of a solicitor’s dishonesty
Regulation of legal executives
REGULATED BY CHARTERED INSTITUTE OF LEGAL EXECUTIVES (CILEX) which:
- oversees the education, qualification and practice standards or legal executives
- takes action avainst legal executives who do not meet those standards
Powers of bar standards board
-fines
-individual sanctions
-suspension
-disbarment from working
powers of solicitors’ regulatory authority
-fined
-written rebuke
-reprimand
-severe reprimand
powers of CILEx regulation
-reject a complaint
-impose conditions on future work
- exlude from membership
- fined
- ordered to pay the costs of the case
Legal services Board
-created under LEGAL SERVICES ACT 2007
- oversees the regulation of lawyers in England and Wales
- operates as a second check to the regulatory bodies of the three typesof legal personnel
- -suggests reform and recommendations to modernise the legal services market.
Legal Ombudsman
-if dispute between client and lawyer cannot be resolved between themselves or the relevant regulatory authority then case would be referred to the legal ombudsmen.
- This is an independent scheme that resolves complaints about lawyers from clients in a fair and effective way.
- It helps to drive improvements to legal services
