Legal personnel Flashcards
Solicitors role 8m
depends on the firm they’re employed by
1st contact for clients needing legal advice
advocates usually in lower courts
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
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)
if appointed at queens council, handle complex/ serious cases
draft legal documents
Legal executives role 8m
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
Solicitor regulation 8m
Governed by Law society
Regulated by Solicitors’ regulatory authority
Regulation duties = set standards for qualifying, monitor performance, set rules for conduct, handle complaints, compensate clients
Regulation powers = fines, written rebuke, reprimand (severe)
Client liability = contractual liability, can be sued for negligence
Barrister regulation 8m
Governed by Bar council
Regulated by bar standards council
Regulation duties = set education/training requirements, set standard of conduct, monitor services provided, handle complaints, take disciplinary action
Regulation powers = fines, suspensions, sanctions, disbarment from work
Client liability = no contractual liability but can be sued for negligence
Legal executive regulation 8m
Governed by Chartered institute of legal executives
Regulated by CILEx regulation
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
Appointment of superior judges 8m
Supreme = those who hold high judicial offer (15 years or more), max of 12 judges (constitutional reform act), sit in the court to heard final appeals
COA = solicitor or barrister with 7 years standing, high court judge, appointed by King
High = barrister or solicitor with 7 years standing, circuit judge 2 years, ranks of barristers with 20 years, sometimes appointed as a deputy judge first
Role of superior judges 8m
Supreme = hear appeals of general public importance with important principles, civil or criminal, 100 cases a year, any decision made becomes precedent
COA = 38 lords or lady justices, sit and heard appeals in both divisions, panel of 3 (5 if important), civil or criminal
High = allocated by division, hear cases at first instance, listen to evidence, decide how to apply law, impose remedies, hear appeals from inferior, sit in crown for serious cases
High in Crown = sit to hear jury trial, decide legal issues, sentence decided
Appointment of inferior judges 8m
Circuit = barrister or solicitor with 10 years of right of audience, served part time as recorder, full time as district judge
District = full time judge, barrister or solicitor with 5 years standing, deputy district judge part of regulation body
Role of inferior judges 8m
Circuit = pre trial matters, hear evidence, listen to legal matter, hear tort and contract claims, decide issues of fact and law, award remedies, civil or criminal, less serious trials
District = civil or criminal, low value claims, county or small claims court, pre trial matters, summary and either way offences, hear evidence, listen to legal matter
Dismissal of judges 8m
