Legal Personnel Flashcards
How many barristers are there in England?
-16,500
-3000 employed by CPS etc
What is ‘the bar’?
-Practising barristers as a collective
-self employed
-work from a set of chambers where they share administration fees with others
What must all practising barristers be a member of?
-One of the 4 inns of court
-Lincoln’s inn, inner temple, middle temple and Gray’s inn
-located by Royal courts of Justice in london
Chambers
-Where self employed practising barristers work from
-share administration expenses
-small = 10-20 barristers
-larger = 50 or more
-employ clerk as practice administrator the book cases and negotiate fees
Who does a barrister owe a duty of care to?
-Duty of confidentiality to client
-duty to court (not mislead court or judge or waste time, make sure court has all relevant info it needs even if weakens case) but don’t have to breach confidentiality
-if confess guilt then need guilty plea
Rights of audience
-right to present a case in court as an advocate
Advocacy in criminal cases
-either specialise in prosecution or defence
Prosecution
-barrister instructed by CPS
-advise on success of charges and work w CPS and police to ensure enough evidence to prove charges
Defence
-Barrister instructed by solicitor who has seen dft
-advise on the strength of the P’s evidence and weaknesses in defence
-d decides if plead NG or G
-after conviction and sentence, can advise on appeals. Can present appeal to appeal court
Advocacy in civil cases
-Specialise in fields eg PI or commercial
-instructed by solicitor or by client direct except legal aid and family cases
-lots of evidence in writing before court, drafted by barrister. Attend meetings, negotiate settlement
-advocate evidence in hearing
-if winning party, argue for award
-can advise on appeal, draft papers
Direct access
-professionals (accountants) can brief barrister without solicitor
-public can also use (access through bar council direct access portal)
-need additional training
Limited advocacy work
-specialise in tax or company law, don’t appear in court often
Cab rank rule
-can’t turn down a case if its in the area of law they deal with and they are free to take it
-in direct access, cab rank doesn’t apply, can turn down a case needing investigation they can’t provide
Employed barristers
-employed by gov orgs, civil service, local gov or businesses
-CPS employs to prosecute crim cases
-same rights of audience
QC
-after 10 yrs can apply
-10% at bar are QC
-taking silk
-more complex cases, higher fees, expertise
-have junior barrister to assist
-application process, fee and give references and be interviewed
Who are barristers regulated by?
-Bar standards board
-investigate any breach of code of conduct
-can be disciplined and disciplinary tribunal (formal warning, fine up to 50grand, suspend)
Set training and entry requirements and code of conduct
Liability for barristers
-Contract if client on direct access scheme (sue for BOC)
-can be liable in negligence for poor quality of advocacy (more than just losing claim or being convicted)
How many solicitors are there in the UK and who are they controlled by?
-149000, controlled by the law society
-75% work in private practice, others in employed work (gov, civil service, cps)
Solicitors in private practices
-Work in partnerships - high street to big cities
-partners not limited
High street firm areas and role
-general practice advising on:
-conveyancing, wills and probate, consumer, business, PI, family
-interview clients, negotiate, letters and emails, draft contracts and other docs
-can act for clients in cases (litigation)
Solicitors in civil cases
-first source of advice
-collect evidence (documents and oral)
-prepare and issue court papers
-carry out advocacy
-instruct barrister to advise
-support barrister throughout case
What do solicitors do in criminal cases?
-meet/talk to client who’s been arrested
-for serious cases sit in on police interviews
-less serious (court summons) meeting will be in office
-if charges pressed then get details of P case and advise on strength
-if summary or either way in MC the solicitor carries out advocacy
-if more serious then brief barrister and advise them to carry out
Solicitors advocacy
-All have right of audience in Mag and County. If they want in higher courts then complete higher courts advocacy qualification
-with qualification eligible to be appointed as QC and judges
Who regulates solicitors
-Solicitors regulation authority
-deal with complaints abt misconduct
-investigate, if evidence of serious misconduct then solicitors disciplinary tribunal
-can fine or reprimand or can suspend
-very serious, can strike off so they are prevented from practising as a solicitor
Liability of solicitors
-deal directly w clients, enter into contract, if client doesn’t pay then S can sue
-C can sue for S breaching by not doing agreed work
-client can due in negligence if loss due to poor quality of work (hall v Simon’s)
-S can be liable to persons who are affected by negligent work (white v jones)
Legal executives
-work for firm of solicitors
-lower hourly rate
-do work for locals authorities, CPS
-need to be fellow of CILEX and to have qualification and 3 yrs supervised legal experience
-20000 LEX
What areas of law to LEX work in?
-similar to solicitors but specialise in particular area and more straightforward matters
-handle parts of property transfer
-assist in formation of company
-draft wills
-advise those with marriage issues
What are the types of advocacy certificates that a legal executive can obtain?
- Civil proceedings certificate, allows appearances in county court
- Criminal proceedings certificate: allows legal executives to make applications for bail or deal with youth court cases
- Family proceedings certificate: allows appearances in family court of mag court
Regulation of Legal executives
-all LEX members of chartered institute of legal executives (CILEX)
-provides education, training, development of skills
-publish code of conduct
-regulation done by CILEX regulation board, investigate complaints
-summary of issues to the professional conduct panel for consideration
-reprimand
-serious go to disciplinary tribunal: can exclude membership, reprimand, fine
The legal ombudsman
-set up by the office or legal complaints (legal services act 2007)
-investigate how regulatory bodies investigate a complaint and refer to the legal ombudsman
