Legal Personnel

Question 1

Work of a solicitor

Answer 1

Conveyancing(property)
Wills and probate
Consumer problems
Business matters
Family matters

Question 2

How does a solicitor become kings counsel?

Answer 2

Through applying to an open competition where an independent panel will appoint solicitors who demonstrate good advocacy in difficult cases in higher courts

Question 3

Where might a solicitor work?

Answer 3

The crown prosecution service(CPS)
High court
Crown court
Court of appeal
Supreme court

Question 4

What must a solicitor do to gain full rights of audience?

Answer 4

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

Question 5

Step 1 in regulation of solicitors.

Answer 5

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

Question 6

Step 2 in regulation of solicitors

Answer 6

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

Question 7

Step 3 in the regulation of solicitors

Answer 7

If you are not happy with the outcome of the complaint, you can complain to the legal obudsman

Question 8

Which act set up the office for legal complaints( legal ombudsman)?

Answer 8

Legal services act 2007

Question 9

Under what circumstances may a client complain to the legal ombudsman?

Answer 9

Poor service
Unclear fees
Delay
Lack of profession
Misconduct
Disagreement over outcomes

Question 10

What 5 powers do the legal ombudsman have to deal with successful complaints?

Answer 10

Order compensation
Issue apologies
Instruct remedial action
Investigate complaints
Report findings

Question 11

Work of a barrister

Answer 11

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

Question 12

What is the cab-rank rule?

Answer 12

Prevent barristers from refusing work simply because they dont agree with the actions or views of anyone seeking their service.

Question 13

What is direct access?

Answer 13

Anyone can go directly to a barrister for advice/representation without being reliant on or paying for a solicitor

Question 14

Where might a barrister work?

Answer 14

Government legal department
CPS
Armed forces legal service
Private companies
Local government

Question 15

Step 1 of regulation of barristers

Answer 15

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

Question 16

Step 2 of regulation of barristers

Answer 16

If not resolved, make a formal complaint to bar standards board(BSB) which deals with any alleged breach of the code of conduct

Question 17

Step 3 of the regualtion of barristers

Answer 17

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

Question 18

Step 4 in the regulation of barristers

Answer 18

If unhappy, complaint to legal ombudsman