Legal personnel Flashcards
Solicitors role 8m
150,000
Controlled by the law society
depends on the firm they’re employed by
Able to apply to become a King’s counsel
Civil cases - collect evidence, prepare/issue papers
Criminal - meet client at police station, obtain details on prosecution case, carry out advocacy for summary or triable-either-way in Magistrates
1st contact for clients needing legal advice
advocates usually in lower courts - magistrates and county
give legal advice on range of specialist areas
organise a barrister if the case goes to a superior court
write letters for client
draft contracts/ documents
may work in private practice, large business or local authority
Barristers role 8m
16,500
must be a member of one of the 4 inns
has a duty to not mislead the court, make sur court has all relevant information
Prosecution - can work for the CPS, advise on success of charges,
Defence - advise on case strength, can appeal cases
Cab bank - can’t turn down a case unless not expert and aren’t free
self-employed advocates or may work for CPS
briefed by solicitors on behalf of a client
rights of audience in all courts to represent clients
act as specialist legal advisors (give opinion/advice on case merits - counsels opinion)
Queen’s counsel - after 10 years, more complicated cases, higher fees, application fee
draft legal documents
Legal executives role 8m
20,000
Can work for local authorities, the CPS, etc
qualified lawyers, specialise in an area of law
1st contact when needing advice in straightforward cases
limited rights of audience, usually lower courts
give legal advice on range of specialist areas
hand legal aspects of property transfers
draft contracts/ documents
can get a civil/ criminal/ family proceeding certificate to make appearances
Solicitor regulation 8m
Governed by Law society
Regulated by Solicitors’ regulatory authority
Deals with complaints of professional misconduct
Regulation duties = set standards for qualifying, monitor performance, set rules for conduct, handle complaints, compensate clients
Investigate the complaint, if serious = solicitors’ disciplinary tribunal
Regulation powers = fines, written rebuke, reprimand (severe), suspend for time, prevent from practising
Client liability = contractual liability, can be sued for negligence (can sue for poor quality, Hall v Simons)
Barrister regulation 8m
Governed by Bar council
Regulated by bar standards board
Sets out a code of conduct
Investigates any alleged breach of code
May need a disciplinary tribunal
Regulation duties = set education/training requirements, set standard of conduct, monitor services provided, handle complaints, take disciplinary action
Regulation powers = fines, suspensions ( up to 3 years) , sanctions, disbarment from work, complete further training
If still unhappy, complain to legal ombudsman
Client liability = no contractual liability (unless under direct access scheme) but can be sued for negligence for poor quality of advocacy
Legal executive regulation 8m
Governed by Chartered institute of legal executives
Regulated by CILEx regulation
Role - provide training, give training/skill development, protect executives status/ interest
Publish code of conduct
CILEX regulation board deals with complaints and investigates
Issues decided by professional conduct panel who refer serious matters to disciplinary tirbunals
Regulation duties = oversee education/ qualifications/ standards of practice, take action against executives below standard
Regulation powers = reject a complaint, impose conditions on future work, exclude membership, fine, order to pay case costs
Client liability = contractual liability, can be sued for negligence
Justices of the supreme court
Superior
Appointed from those who hold high judicial office (COA judge or 15 years right to appear in senior courts)
Constitutional reform act 2005 - maximum of 12 justices
Hear final appeals from all UK courts
Lords Justices of Appeal
Superior
Must have been qualified barrister or solicitor with 7 years experience or a high court judge
Officially appointed by the monarch
Sit in the civil division - hear appeals from county or high court
Sit in the criminal division - hear appeals from trials in the crown court
High court judges
Superior
Qualified solicitor or barrister with 7 years experience or been a circuit judge for 2 years
Usually have been full time barristers for around 20 years
May be appointed as a deputy high court judge first
Officially appointed by the monarch
KBD - hear high value contract/tort claims, serious criminal cases such as murder in the crown court
Chancery - high value commercial claims
Family - welfare of children
Can sit with judges in the COA for appeals in their divisions
Circuit judges
Inferior
A solicitor or barrister with s right of audience for at least 10 years
Generally have served as a recorder in criminal cases or a full time district judge in civil cases
County court - wide range of tort and contract claims
Crown court - take charge of criminal trials, more serious as they gain seniority, sentence offenders who plead guilty
Can be part-time if a barrister or solicitor with 7 years - less serious cases
District judge
Inferior
A barrister or solicitor with 5 years experience or have been a deputy district judge
Tribunals, courts and enforcement act 2007 - CILEX members can be appointed as deputy district judge
County and small claims court - hear low value tort and contract claims
Magistrates’ court - sit alone to hear summary and triable-either-way offences, impose sentences
Role of judges in civil courts
Resolve disputes in a fair and unbiased way
Courts of 1st instance - county and high court, judge sits alone and deal with all pre-trial matters (timetable), at trial judge hears evidence/ looks at relevant papers/ decided facts/ decide remedies
COA - hear arguments on legal points, appeals against the finding of liability or the remedy awarded, can either allow appeal/ dismiss appeal/ change amount of damages
Supreme - hear arguments on legal points, must be an issue of national importance, 5 justices sit to hear appal, complicated/technical areas of law, becomes precedent
Role of judges in criminal courts
Oversee case, ensure correct procedure is followed, rule on points of law, direct the jury and impose sentences
Magistrates’ - district judge, sit on their own to decide guilt and impose sentences, same sentencing powers as a lay magistrate
Crown - sit with a jury if plead not guilty to an either-way or indictable offence, decide any legal issues, direct the jury, decide on sentence if found guilty
COA - appeals from convicted defendants, 3 judges hear legal arguments, can confirm previous decision/ vary sentence/ find not guilty/ order a retrial
Supreme - issue of general public importance. 5 justices hear legal arguments, no evidence, can agree or overrule the COA, don’t make decision on sentence
Dismissal of judges 8m
The separation of powers
Each branch is independent and separate and can keep the other in check
Ensures one doesn’t have more power than another
Overlap - Lord Chancellor is involved in all 3
Legislature - the law making arm, parliament, oversees executive
Executive - administers the law, the government, ideas that legislature carry out
Judiciary - application of the law, judges, upholds legislature
Overlap of E and L - ministers forming the government also sit in parliament to make laws
Judiciary - acts as a way to check that the other bodies aren’t overstepping their power, needs to be independent
How independent judiciary is achieved
Security of tenure - superior judges can’t be dismissed by gov only by the monarch after petition by both houses, HOWEVER inferior judges can be dismissed by the Lord Chancellor much easier
Immunity from suit - given immunity from criminal prosecution from acts within their judicial duty, can’t be sued for civil cases, Sirros v Moore (not convicted for wrongful sentence)
Independence from executive - s.3 of the constitutional reform act says Lord Chancellor and government must uphold independence and can’t influence decisions
Separate from legislature - supreme salary out of consolidated fund, financial independence (not parliament authority), however rely on parliament for things such as retirement age
Independent from case - can’t try case have a personal connection, Pinochet, judge had personal interest
Judicial review - KBD holds trails to challenge decisions of government minister or public authorities, R v secretary of state for foreign affairs
Threats - PM can veto judge appointment, political dialogue (post office scandal), cross-over of elites
Evaluating the judiciary
Age - in 2020 76% of all judges were over 50
Gender - In 2020 only 26% of superior judges were female
BAME - In 2020 8% of all judges
Case hardened
Security of tenure - good, can make laws without fear, however judges can make consistent wrong decisions without being dismissed
Undemocratic
