Legal Personnel Flashcards
Work of a solicitor
Conveyancing(property)
Wills and probate
Consumer problems
Business matters
Family matters
How does a solicitor become kings counsel?
Through applying to an open competition where an independent panel will appoint solicitors who demonstrate good advocacy in difficult cases in higher courts
Where might a solicitor work?
The crown prosecution service(CPS)
High court
Crown court
Court of appeal
Supreme court
What must a solicitor do to gain full rights of audience?
Assessment which are split into evidence, litigation and advocacy.
Full rights of audience is needed to show the law society committee there is necessary skills and knowledge which is needed to practice in higher court
Step 1 in regulation of solicitors.
Must firstly contact the head of firm. The law society ensures each law firm has a complaint procedure and will represent the interests of their members
Step 2 in regulation of solicitors
The solicitors regulatory authority regulates the profession and deals with complaints.
Their powers can be found in the solicitors act 1974
Allows the SRA to conduct investigations into the conduct of solicitors and take appropriate action if necessary
Hall v simons
Step 3 in the regulation of solicitors
If you are not happy with the outcome of the complaint, you can complain to the legal obudsman
Which act set up the office for legal complaints( legal ombudsman)?
Legal services act 2007
Under what circumstances may a client complain to the legal ombudsman?
Poor service
Unclear fees
Delay
Lack of profession
Misconduct
Disagreement over outcomes
What 5 powers do the legal ombudsman have to deal with successful complaints?
Order compensation
Issue apologies
Instruct remedial action
Investigate complaints
Report findings
Work of a barrister
May work for CPS advising on likely charges that have been brought against a defendant
Can advise on strength/weakness of appeal
Can specialise in certain areas
Can apply to become kings counsel after at least 10 years
What is the cab-rank rule?
Prevent barristers from refusing work simply because they dont agree with the actions or views of anyone seeking their service.
What is direct access?
Anyone can go directly to a barrister for advice/representation without being reliant on or paying for a solicitor
Where might a barrister work?
Government legal department
CPS
Armed forces legal service
Private companies
Local government
Step 1 of regulation of barristers
Contact the head of chambers for in house complaints
The bar standards board ensures all chambers have a complaints procedure
The bar council represents the interest of their members
Step 2 of regulation of barristers
If not resolved, make a formal complaint to bar standards board(BSB) which deals with any alleged breach of the code of conduct
Step 3 of the regualtion of barristers
BSB assess the complaint
Open a formal investigation
Can result in disciplinary action
In a serious matter of professional misconduct the barrister will he referred to the disciplinary tribunal of the council of the inns of court and maybe struck off
Step 4 in the regulation of barristers
If unhappy, complaint to legal ombudsman
legal executive role
most work for a form of solicitor in a private practice.
they are a lower hourly rate than solicitors
need to be a fellow of the Chartered Institute of legal executives (CILEX)
likely to specialise in an area of law
what does a legal executives work include
handle parts of property transfer
draft wills
advise people on matrimonial problems
interview witnesses
where do legal executives work
in a legal practice
legal department of a private company
county court
public sector bodies
magistrates court
what rights of audience do legal executives have
only have rights of audience in some unopposed applications in county court under supervision
can choose to qualify further (certificate of advocacy) to represent clients in higher courts
regulation of legal executives
The Chartered Institute of Legal Executives is the governing body.
The regulatory body is CILEx Regulation.
The regulatory body acts against legal executives who do not meet the required standards.
The Office for Legal Complaints set up by the Legal Services Act 2007 deals with complaints regarding the way a complaint was handled. The matter is referred to the Legal Ombudsman.
who are the superior judges
High Court Judge
Lord/Lady Justices of Appeal
Justices of the Supreme Court
who are the inferior judges
District Judge
Recorder
Circuit judge
role of justices of supreme court
in civil courts and criminal courts:
hear appeal on arguable points of law of general public importance
role of lord justices of appeal
in civil courts:
mainly ear appeals from the high court
in criminal court:
mainly hear appeals from crown court
role of high court judges
in civil court:
try important civil cases and assist in appeals
in criminal court:
try serious criminal cases and also assist in appeals
role of circuit judges
in civil and criminal court:
manage cases, evaluate and determine appropriate outcomes
role of recorders
the jurisdiction is the same as circuit judges but they will deal with the less serious cases
role of district judges
in civil courts:
sit on a wide variety of civil and family matter case to evaluate and determine the outcome and apply relevant law
usually sit alone
in criminal court:
will decide if defendant is guilty or not
