Legal Personnel Flashcards

(Section A)

1
Q

Solicitors role + work (8)

A
  • 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
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2
Q

How are Solicitors Regulated (8)

A

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.

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3
Q

Barristers role + work

A
  • 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
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4
Q

How are barristers regulated (8)

A
  • 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.
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5
Q

Explain the legal executives role + work (8)

A
  • 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.
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6
Q

How are legal executives regulated (8)

A
  • 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.
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7
Q

Explain the role of the Legal Ombudsman in regulating the legal profession (8)

A
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8
Q

Explain the process of deciding in which court a criminal trial will be heard. Include all categories of offences

A
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9
Q

Describe the work + role of superior judges (8)

A
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10
Q

Describe the work + role of inferior judges

A
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11
Q

Discuss the way in which judicial independence is maintained

A
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12
Q

Discuss why the theory of the separation of powers is important to judicial independence (12)

A
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13
Q
A
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