Legal Personnel Flashcards
(Section A)
Solicitors role + work (8)
- Interviewing and advising clients
- Negotiation eg trying to settle ay matter out of court
- Advocacy - automatic rights in lower courts, full rights can be obtained via 2 assessments
- Criminal matters - giving advice and representation in criminal matters. Family problems - including divorce, child custody and other family issues
- Wills and probate
- Conveyancing - transfer of land eg when buying and selling houses
- Drafting legal documents eg contracts
How are Solicitors Regulated (8)
SRA deals with complaints of misconduct eg failing to meet the required standards; breaking the SRA rules, financial misconduct.
- SRA sanctions include: fine, reprimand, require further training or refer to solicitors disciplinary tribunal
- Serious professional misconduct claims dealt with by the SDT;
- Sanctions include: reprimand the solicitor: suspend from practice: strike off roll.
Barristers role + work
- Advocacy
- Write Counsel’s opinion
- Give advice - meet with clients
- Hold case conferences
- Draft documents for use in court - Councel’s opinion
- Specialise eg criminal law, family law and tac
- Self employed barristers work from chambers
- Employed barristers may work for eg CPS, government
-Public Direct Access work unless publically funded
‘
How are barristers regulated (8)
- BSB (Bar standards Board) investigates any alleged breach of code of conduct.
- Breaches may include for example, criminal offence, breach of confidentiality, lack of integrity, offensive behaviour.
- BSB sanctions include: a warning fine, suspension disbarment.
- In serious matters of professional misconduct, the barrister will be referred to the Disciplinary Tribunal of the council of the Inns of Court.
Ultimately the Barrister might be struck off.
Explain the legal executives role + work (8)
- Often specialise in a particular area of law
- Advise clients
- Researching and preparing cases
- Preparing bills for clients and accounts for the legal practice
- Negotiating (with other parties in legal cases)
- Liaising with other professionals
- A chartered Legal Executive can apply for extended rights of audience.
How are legal executives regulated (8)
- CILEX Regulation acts against legal executives who do not meet the required standards.
- Breaches include falsely claiming authorisation, failing to comply with legal obligations, they may face sanctions.
- Sanctions include: reprimand or warning, imposition of conditions on the individual’s future employment; fines, revocation of status.
Explain the role of the Legal Ombudsman in regulating the legal profession (8)
Explain the process of deciding in which court a criminal trial will be heard. Include all categories of offences
Describe the work + role of superior judges (8)
Describe the work + role of inferior judges
Discuss the way in which judicial independence is maintained
Discuss why the theory of the separation of powers is important to judicial independence (12)