Legal Personnel Flashcards

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1
Q

How many barristers are there in England?

A

-16,500
-3000 employed by CPS etc

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2
Q

What is ‘the bar’?

A

-Practising barristers as a collective
-self employed
-work from a set of chambers where they share administration fees with others

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3
Q

What must all practising barristers be a member of?

A

-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

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4
Q

Chambers

A

-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

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5
Q

Who does a barrister owe a duty of care to?

A

-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

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6
Q

Rights of audience

A

-right to present a case in court as an advocate

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7
Q

Advocacy in criminal cases

A

-either specialise in prosecution or defence

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8
Q

Prosecution

A

-barrister instructed by CPS
-advise on success of charges and work w CPS and police to ensure enough evidence to prove charges

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9
Q

Defence

A

-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

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10
Q

Advocacy in civil cases

A

-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

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11
Q

Direct access

A

-professionals (accountants) can brief barrister without solicitor
-public can also use (access through bar council direct access portal)
-need additional training

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12
Q

Limited advocacy work

A

-specialise in tax or company law, don’t appear in court often

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13
Q

Cab rank rule

A

-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

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14
Q

Employed barristers

A

-employed by gov orgs, civil service, local gov or businesses
-CPS employs to prosecute crim cases
-same rights of audience

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15
Q

QC

A

-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

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16
Q

Who are barristers regulated by?

A

-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

17
Q

Liability for barristers

A

-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)

18
Q

How many solicitors are there in the UK and who are they controlled by?

A

-149000, controlled by the law society
-75% work in private practice, others in employed work (gov, civil service, cps)

19
Q

Solicitors in private practices

A

-Work in partnerships - high street to big cities
-partners not limited

20
Q

High street firm areas and role

A

-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)

21
Q

Solicitors in civil cases

A

-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

22
Q

What do solicitors do in criminal cases?

A

-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

23
Q

Solicitors advocacy

A

-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

24
Q

Who regulates solicitors

A

-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

25
Q

Liability of solicitors

A

-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)

26
Q

Legal executives

A

-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

27
Q

What areas of law to LEX work in?

A

-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

28
Q

What are the types of advocacy certificates that a legal executive can obtain?

A
  1. Civil proceedings certificate, allows appearances in county court
  2. Criminal proceedings certificate: allows legal executives to make applications for bail or deal with youth court cases
  3. Family proceedings certificate: allows appearances in family court of mag court
29
Q

Regulation of Legal executives

A

-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

30
Q

The legal ombudsman

A

-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