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 e.g administrating dead person’s estate.
- Conveyancing - transfer of land eg when buying and selling houses
- Drafting legal documents eg contracts
- May act as deputy district judges in magistrates’ and county court
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.
Legal obudsman
- Investigates how the firm, solicitor or regulatory body (SRA)
investigated the complaint
- they investigate complaints about the service consumers have received from their service provider
- DO NOT investigate matters of professional negligence
- Has the power to:
- Ask the lawyer to apologise to client
- Give back any documents the client might need
- Put things right if more work can correct what went wrong:
- refund or reduce the legal fees or,
- order compensation
Barristers role + work
- Advocacy: have automatic full rights of audience
- Write Counsel’s opinion
- meet with clients (Give advice for appeals)
- Hold case conferences
- Draft documents for use in court - Councel’s opinion
- Specialise eg criminal law, family law and tax
- Self employed barristers work from chambers
- Employed barristers may work for CPS, government
-Public Direct Access work unless publically funded - After 10 years can apply to become King’s Counsel
How are barristers regulated (8)
Two governing bodies - Bar Council and BSB
Bar council: england and wales gb for barristers, represent interest of their members
- 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)
- Investigates how the firm, solicitor or regulatory body (SRA)
investigated the complaint - they investigate complaints about the service consumers have received from their service provider
- DO NOT investigate matters of professional negligence
- Has the power to:
- Ask the lawyer to apologise to client
- Give back any documents the client might need
- Put things right if more work can correct what went wrong:
- refund or reduce the legal fees or,
- order compensation
Describe the work + role of superior judges (8)
Role in civil courts:
High court judges in cases OFI:
-Listen to the evidence
-Decide the law
-Decide as to liability
-Decide the appropriate remedy Appeals
-Appeals from the County Court
Court of Appeal appeals:
-Lord Justices of Appeal
-Hear appeals from the three divisions of the High Court and their specialist courts and the County Court
-Hear appeals against the finding of liability or about the remedy awarded
-The court may allow the appeal in part, in full, dismiss it, or order a retrial.
UKSC appeals
Justices of the Supreme Court:
-Hear appeals from the Court of Appeal Civil Division
-Hear leapfrog appeals from the High Court
-Only hear appeals where there is a point of law involved
-The decision of the court becomes precedent for all lower courts
Role in criminal courts:
UKSC:
-hear cases involving serious criminal matter (indictable offences)
LJOA:
- hears appeals from lower courts
- decides if conviction or sentence was fair
HCJ:
- Try serious cases of offences (TEW)
- Decide on sentencing powers
Describe the work + role of inferior judges
Role of inferior Judges in Civil Cases
-Hear cases of first instance and decide the law and facts
-Allocate cases to correct track
-Hear some track appeals
-Make the decision and state the remedy
-Case manage cases and set strict time limits
-Ensure the hearing is carried out fairly and preside over the court
In criminal courts:
CJ:
- preside over criminal cases
- overseeing jury selection
- ruling on the admissibility of evidence
- providing instruction to jury
Recorders:
- Deal with less serious offences
- Preside over criminal trials
- Manage hearings
District Judges:
-Hear youth cases
- Summary offences
District Judges (Magistrates):
- Handle summary and TEW offences
- Determine what sentence or court proceedings for D
Discuss the way in which judicial independence is maintained
Security of Tenure: Judges in England and Wales are appointed for life, meaning they cannot be removed from office except in cases of misconduct or incapacity. This security allows judges to make decisions without fear of losing their position for unpopular rulings.
Separation of Powers: The United Kingdom operates under the principle of separation of powers, where the judiciary, legislature, and executive are distinct independent branches. Judges do not work under the direction of the government and are not part of the executive branch. This structural separation reinforces their independence.
- Independence from the Executive:
This refers to the judiciary’s ability to make decisions without interference or pressure from the government (the executive branch). Several mechanisms ensure this independence:
Independence from the Case (Impartiality):
Judicial independence also includes the need for judges to be impartial, ensuring that they make decisions based solely on the facts of the case and the relevant law, without being influenced by outside factors such as the parties involved or public opinion. Several safeguards exist to maintain this impartiality:
• Rules on Bias and Conflict of Interest: Judges are required to recuse themselves from cases where they have a personal interest or any potential bias. For example, if a judge has a financial interest in the case or a personal relationship with one of the parties, they must step down to avoid any appearance of bias. This ensures that the decision-making process is objective and not influenced by outside relationships.
• Judicial Codes of Conduct: There are clear ethical guidelines and codes of conduct for judges, such as the Judicial Code of Conduct, which require judges to maintain impartiality, integrity, and fairness. Violations of these codes can result in disciplinary action, further ensuring impartiality in judicial decision-making.
Discuss why the theory of the separation of powers is important to judicial independence (12)
Allows judiciary to act as a check and ensures executive does not overstep it’s constitutional powers.
This will prevent cases from being biased and leading to an unfair outcome as the judiciary can make sure the law is correctly being used in effect. This will also make sure the executive don’t use delaying tactics like frivolous motions or endless discovery requests to wear down the opposing party and hinder the legal process.
However this may not be entirely important as cases can still be biased within the legal system even though the seperation of powers is in place, juries and those in the legal sector can be influenced by the media and what they see online.
Prevents any overlap from the executive, legislature and judiciary. This is important because it means each branch must be accountable to one another.
Discuss the problems with the composition of the Judiciary. [12
Age of Judges: A large proportion of judges are elderly, with 72% over 50 and 37% over 60. This can lead to outdated attitudes, potentially influencing their decisions, such as in the R v Brown case. However, others argue that judges need life experience and maturity, which older judges possess, to ensure public trust and effective decision-making. The judicial hierarchy ensures that the most experienced judges are promoted, ensuring higher quality.
Gender Representation: Women are underrepresented in the judiciary, making up 43% of all judges but only 30% in senior courts, with just two women in the Supreme Court. This could perpetuate outdated views and undermine public trust. Greater female representation could enhance the judiciary’s quality by bringing diverse perspectives, especially in cases like family law, where gender balance is important.
BAME Representation: People from BAME backgrounds are underrepresented in the judiciary, with only 11% of judges from these backgrounds, compared to 18% of the population. This lack of diversity can harm public trust, limit the potential of the judiciary, and exclude valuable perspectives. A judiciary that reflects society’s diversity is essential for ensuring fairness and trust.
Privileged Backgrounds: A significant proportion of judges come from privileged backgrounds, with 65% of senior judges having attended private schools. This creates perceptions of elitism and a lack of understanding of ordinary people’s lives, potentially affecting the fairness of their decisions. A broader range of backgrounds could bring valuable insights, increasing the overall quality of the judiciary. However, some argue that a prestigious education can provide the foundation for the high standards expected from judges.
