Legal Personnel

Question 1

How are barristers employed?

Answer 1

They are often self employed but usually work with 15-20 other barristers, they will then hire a clerk who handles administrative duties

Question 2

What does The Legal Services Act 2007 do in regards to barristers?

Answer 2

Allows all legal practices to be regulated as a firm and form legal disciplinary practices with other professionals if they wish.

Question 3

What is the main work of a barrister?

Answer 3

Their main work is advocacy.

Question 4

What other roles may a barrister fulfil?

Answer 4

They can write opinions, give advice and draft documents for use in court. Some will specialise in fields such as tax and rarely appear in court.

Question 5

What are the alternative employers for barristers?

Answer 5

Some employed by Crown Prosecution service. Whilst some are none practicing academics such as lecturers. Some barristers work in house for some legal firms as well.

Question 6

What do Legal Executives do?

Answer 6

They specialise in a particular area of law, deal with things such as property transfer, writing wills, advising people with marriage problems, advise clients who have been acused of petty crime.

Question 7

What rights do legal executives have and what roles can they take on?

Answer 7

They have some right of audience and since 2008 can do a course on advocacy, this course means that they can make applications of bail or deal with cases in a youth court.

Question 8

How are legal executives employed?

Answer 8

They are normally employees and cannot be a partner in a firm of solicitors, although it may be possible to become an associate.

Question 9

Who are solicitors employed by?

Answer 9

They work in the Crown Prosecution Service or the local government department. This effects what work they do.

Question 10

What do solicitor firms specialise in?

Answer 10

They may specialise in things such as matrimonial cases, whilst large city based firms focus heavily on business law which is where the money is.

Question 11

What do Solicitors do in regards to wills and probate?

Answer 11

Dealing with the estate of a deceased person, Matrimonial and family matters, for example divorce and child custody.

Question 12

What can solicitors do in regards to advocacy?

Answer 12

They are able to apply for a certificate of advocacy which in turn enables them to be appointed to the King’s counsel and higher Judiciary Roles.

Question 13

What rights do solicitors have in regards to Courts?

Answer 13

They were previous not given right to audience in a court - Abse v Smith.

This was changed by the access to justice Act 1999 which gave them the right.

Question 14

What may solicitors do in regards to judging?

Answer 14

They may act as deputy district judges in the Magistrates or the crown court.

Question 15

Who are barristers controlled by?

Answer 15

Barristers are controlled by the General Council of Bar.

Question 16

How are complaints about barristers handled?

Answer 16

The Office for legal complaints set up by the legal services Act 2007 deals with complaints regarding the way a complaint was handled. Complaint handed to legal ombudsman.

Question 17

What board handles complaints to barristers?

Answer 17

The Bar Standards Board and if there was poor service the board can order to the barrister to pay £5’000 compensation to the client.

Question 18

Who are the barristers referred to for discipling?

Answer 18

They are referred to a disciplinary tribunal of the Council of the Inns of Court. This may happen if they break the code of conduct for barristers. In extreme cases they can be barred for practices.

Question 19

What happens if someone complains directly to a barrister?

Answer 19

They can sue them directly.

Question 20

Who represents solicitors and what do they operate as?

Answer 20

The Law Society represents solicitors in both England and Wales and operates almost like a union with heavy union involvement.

Question 21

What organisation deals with complaints to solicitors?

Answer 21

Solicitors Regulatory Authority regulates the profession and deals with complaints.

Question 22

What body deals with complaints about the way a complaint was handled regarding a solicitor?

Answer 22

The Office for Legal Complaints.

Question 23

What two cases set out examples of complaints to solicitors?

Answer 23

Hall v Simmons - Sue a solicitor for negligent advocacy.

White v Jones - Sue solicitor for negligence for work done out of court.

Question 24

What organisation are all legal executives a member of?

Answer 24

They are a member of the Chartered Institute Of Legal Executives (CILEX)

Question 25

What are the two types of judge and what courts do they sit in?

Answer 25

There are superior judges who sit in the High Court and above and inferior judges who sit in the lower courts.

Question 26

What three courts do Superior Judges appear in?

Answer 26

They serve as justices of the Supreme Court.
Lord and Lady Justices in the Court of Appeal.
High Court Judges - sit in the three divisions.

Question 27

What three courts do inferior judges appear in?

Answer 27

Circuit Judges (Crown and County Courts).
Recorders (Part Time Judges).
District Judges.

Question 28

What is the role of Justices in the Supreme Court?

Answer 28

They deal with appeals a majority of which are civil. A case can only be appealed here when there is a point of law dispute. There is an uneven number and any ruling becomes precedent for lower courts.

Question 29

What is the role of Lord Justices of Appeal?

Answer 29

All their work is regarding appeals. They deal with both criminal and civil cases. Usually sit in panel of 3, Create precedent for lower courts.

Question 30

What is the role of High Court Judges?

Answer 30

Their main function is to hear cases, they will hear cases decide on the law and then decide which party has won. If it’s a claim of damages they will decide on that. They also hear appeals mainly from the County Court.

Question 31

What is the role of a judge in the Crown Court?

Answer 31

Part time recorders and circuit judges will hear some triable either way matters and all indictable matters. They advise the jury on law and pass sentences. Hear appeals from Magistrates.

Question 32

What is the role of a judge in the County Court?

Answer 32

District Judges, part time recorders and circuit judges all hear civil cases. They decide on liability and award proper remedy.

Question 33

What is the role of a judge in the Magistrates Court?

Answer 33

They hear summery matters and some triable either way. They decide on the verdict and pass sentences.

Question 34

What is the theory behind the separation of powers?

Answer 34

Montesquieu argue that each branch should be separate of each other to ensure fair and impartial justice and no one person or body holds all power in society.

Question 35

What acts sets out security of tenure and who does it apply to?

Answer 35

It applies to superior judges.

The Act of Settlement 1701 - Superior judges have security of tenure and cannot be dismissed by the Lord Chancellor.

The Senior courts act 1981 sets out the same thing for judges in the Court of Appeal and High Courts.

Question 36

What is the one method of removing senior judges?

Answer 36

They can be removed by the Monarch following a petition presented to her by both Houses in Parliament, this allows judges protection and independence.

Question 37

What is immunity of the suit and what case sets this out?

Answer 37

Judges are given immunity from prosecution for any acts they carry out in their judicial performance.

Sirros v Moore - Immunity from the suit civil cases for actions or decisions made in the course of their judicial duties.

Question 38

What are the benefits of Immunity of the Suit?

Answer 38

In ensures judicial independence, they also benefit from immunity for defamation in the course of hearing cases.

Question 39

What sets out Judicial independence from the executive and what does it say?

Answer 39

It is guaranteed under S3 of the Constitutional reform act 2005 which sets out that the Lord Chancellor and ministers should not seek to influence judicial decisions.

Question 40

In what ways in the judicial independence from the executive maintained?

Answer 40

The Judicial Appointments Commissions ensures that recommendations for appointment are separate from the executive. Can be seen in R v Miller as the Judiciary ruled against the government.

Question 41

What is independence from the case?

Answer 41

Judges may not hear a case when they have an interest in it, The Pinochet case reinforced this rule in which one of the Lords had an interest to the case was re-heard.