Legal Personnel Flashcards
What are solicitors?
Solicitors are usually step of legal contact a client will have.
They give Legal advice and Negotiate.
What is Solicitor Advocates?
Some solicitors can do an extra course to earn advocacy rights in court.
Role of solicitors
Most work in firms, salaried, “fee earners” who charge clients hourly rate
Large city centre firms = high profile clients, specialise, contracts and negotiations
Smaller high street firms = sole practitioners, partnerships, General practitioners (not specialists), advising clients, drafting documents etc
Can work for: CPS (prosecution cases, present in Magistrate’s Court); local/central government (legal advice on legislation and policies); Legal departments in businesses (negotiations, contracts, legal disputes)
Solicitor Advocates: Solicitors have rights of audience in Magistrate’s Court and County Court; Courts and Legal Services Act 1990 allows to apply for Advocacy Certificate for rights in Crown/High Court; Access to Justice Act 1999, s.36 extends to ALL courts.
Role has become more similar to barristers as solicitors can now present cases in court, and due to Direct Access barristers do case prep now too
Regulation of solicitors
Law Society governs; Solicitors Regulation Authority regulates
Investigate claims and send to Solicitors Disciplinary Tribunal (can suspend or strike off)
Can be sued in negligence (Hall v Simons) or in breach of contract
Office for Legal Complaints (Legal Services Act 2007) take complaints from clients à refer to Legal Ombudsman who investigate, and can ask solicitor to apologise, return documents, carry out further work to rectify issue, refund/reduce legal fees, or pay up to £30,000 compensation
What do the Solicitor Regulation Authority (SRA) do?
The SRA sets standards for qualifying as a solicitor and refer complaints to the solicitors disciplinary tribunal.
Describe the role of barristers in criminal cases
Carry out advocacy (presenting the case in court – includes examination in chief, cross examination, and re-examination of all witnesses)
Prosecution barristers = instructed by CPS, advise on likely success of charges, ensures there is sufficient evidence
Defence barristers = instructed by a solicitor who has dealt with case from the outset, advise on strength of prosecutions case and any weaknesses in the defence. Cannot tell the defendant how to plead
May carry out plea bargaining (negotiate guilty plea for reduced sentence)
Can advise on appeal routes after a case – including process and likelihood of success
Describe the role of solicitors in criminal cases
Initially meet with defendant at police station (duty solicitor) although usually through phone call now unless case is serious
Obtain details of CPS case from police (disclosure)
Advise on strength of evidence and possible defences
Will present case in Magistrate’s court, or brief barrister for Crown Court (unless they have Advocacy Certificate)
Describe the role of barristers in civil cases
Tend to specialise in certain fields in civil law (e.g. personal injury or commercial work)
Instructed by a solicitor or by the client directly
May undertake negotiations to settle a case prior to court or advise on suitable methods of ADR
Will draft evidence and documents for the court case in advance
Will advocate in court (present the case) including evidence, witnesses and the award if they win
Will advise on appeal routes if appropriate after the case
Describe the role of solicitors in civil cases.
Usually first source of legal advice in civil cases (although clients can now go to a barrister directly, in which case there is no solicitor involvement)
Collects evidence, prepares and issues court papers, presents cases in County Court (or higher if they have Advocacy Certificate)
If case is too complex, they will instruct a barrister for advice or to present the case in court on their behalf, supporting wherever possible
Role of barristers
Majority are self-employed and work in chambers (16,500+ in the UK)
Chambers will have a number of barristers working with a Barristers Clerk to support (runs schedules, does marketing, negotiates and collect fees, liaise with solicitors and allocates cases based on Cab Rank Rule)
Some barristers (20%) may work in other environments:
à CPS = salaried, present prosecution case
à Government = local or central, salaried and provide legal advice on legislation and policies
à Alternative Business Structures = Legal Services Act 2007, non-law companies invest
Can apply to become QC (senior barrister) after 10 years (taking silk):
Must be member an Inn of Court – Lincoln’s Inn, Grey’s Inn, Middle Temple, Inner Temple
Advocacy (speaking in court – full Rights of Audience), writing opinions on cases, giving advice, drafting documents for court, usually specialise in a specific area
Criminal law = clients come through solicitors. Civil Law = Direct Access since Public Access Scheme 2004
Regelation of barristers
General Council of the Bar à Bar Standards Board investigates breach of Code of Conduct (discipline barrister, or refer to Disciplinary Tribunal, who can suspend or disbar a barrister)
Client may sue a barrister in negligence if they lose money as a result of the barrister not taking appropriate care with their work à Hall v Simons removed immunity
Office for Legal Complaints (Legal Services Act 2007) take complaints from clients à refer to Legal Ombudsman who investigate, and can ask barrister to apologise, return documents, carry out further work to rectify issue, refund/reduce legal fees, or pay up to £30,000 compensation
Role of legal executives
Very similar to junior solicitors (20,000+ in UK) but not as well paid or qualified
Qualify through CILEX diplomas (levels 1-6, degree equivalent)
“fee earners” = charge an hourly rate to clients, paid a salary by the firm they work for
Usually specialises in one area
Day to day role includes legal aspects of property transfers, formation of company documents, drafting wills, advising on matrimonial issues, advising clients accused of less serious crimes
Legal Services Act 2007 allows some Advocacy Rights to legal executives (right to speak in court) = undefended cases in civil/family courts or Youth Court, apply for bail and similar. Either have a Civil, Family or Criminal Proceedings Certificate
Regulation of legal executives
Chartered Institute of Legal Executives (CILEX) = regulation, training, skills, Code of Conduct
CILEX Regulation Board = independent regulator, investigates complaints and sends to Professional Conduct Panel (can dismiss complaint, reprimand, issue warning, or refer to Disciplinary Tribunal)
Disciplinary Tribunal can suspend, exclude, issue formal warning or reprimand, and order fine of up to £30,000 plus costs
Legal Ombudsman role also applied to legal executives
They cannot be sued, but their employers can be – and they can be fired
