Legal personnel

Question 1

What is the role of a legal executive?

Answer 1

• A legal executive usually specialises in an area of law
• They will advise clients and can represent clients In the lower courts
• They deal with the more straight forward matters in a solicitor’s role
• They deal with property transfer, wills, advice to clients accused of a crime
• Can appear in some courts
• Can obtain certificate of advocacy to make applications in the magistrates and county courts

Question 2

What is the regulation of legal executives?

Answer 2

• All legal executives are members of the chartered institute of legal executives who publishes a guide to good practise
• Cilex regulation board investigates complaints about legal executives
• When the investigation is complete a summary is put to the professional conduct panel for consideration who can reprimand or warn the member
• serious matters will be put before the disciplinary tribunal
• The office for legal ombudsman has the power to order an apology to the client, return any documents, correct or improve work where possible , a refund or compensation

Question 3

What is the role of a solicitor ?

Answer 3

• many solicitors will work in a high street firm and are employed.
• Solicitor advocates will represent clients in all courts and those with relevant advocacy experience will be elligble to be appointed to queens council
• solicitors may act as deputy district judges in the magistrates and county court
• they will give general legal advice including wills, interviews of clients, conveyancing and writing letters
• They have the right to act as advocated in a magistrates and county courts but they have restricted rights in the higher courts

Question 4

What is the regulation of a solicitor?

Answer 4

• The solicitors regulation board deals with complaints regarding professional misconduct of solicitors
• It will initially investigate he complaint if there is evidence of serious misconduct the case can be taken to the solicitors disciplinary tribunal
• The solicitors disciplinary tribunal can reprimand, make the solicitor complete further training or a fine up to 50,000
  -The office for legal complaints was set up to deal with complaints regarding the way a complaint was dealt with

Question 5

What is the role of barrister?

Answer 5

-The majority of barristers are self employed but usually work from a set of chambers where they share administrative expenses with other barristers
- The main role of a barrister is one of advocacy, which is representing people in court
- They have a full right of audience so can advocate in any court in England and Wales
- Some of their time will be taken up doing paperwork such as writing opinions, reviewing evidence and working with solicitors
- They can undertake a wide range if different roles including public access work, writing opinions and giving advice
-Barristers work under the cab rank rule so they must accept cases which fall within their area of expertise

Question 6

What is the regulation of barristers?

Answer 6

• The bar standards board sets training and entry standard but also regulates the barristers profession
• It also sets out a code of conduct which barristers must comply with conduct ad can discipline any barrister who has breached it
  -If the matter is serious it will be referred to disciplinary tribunal arranged by an independent bar with tribunals.
• The tribunal can impose many sanctions including; reprimanding the barrister, making the barrister complete further development training, pay a fine, suspending them for up to 3 years, in extreme cases disbarring the barrister
• The office for legal complaints was set up to deal with complaints regarding the way. complaint was dealt with