legal personnel

Question 1

explain the qualification route/ education and training of a solicitor

Answer 1

1)3 a levels(2 years)
2)law degree(3 years)
3)legal practice course(1 year) - focuses on skills such as negotiation, drafting and legal research + costs £9000 for 1 year
4)training contract(2 years) - trainee would be paid(15-20k) and have to complete 20 day professional skills course that combines the skills learnt on the LPC with practical experience from the training contract
5)qualified solicitor, a member of law society

Question 2

within the qualification explain the CPD(continuing professional development)

Answer 2

1)needs 16 hours of a year of formal training as the minimum. after 10 years, a solicitor can apply to become queens counsel–>optional solicitor advocate course to obtain higher rights of audience qualification

Question 3

explain the difference in direct route and alternative route within a solicitor qualification route

Answer 3

1)direct route - law degree is 8 years from starting a levels
2)alternative route - non law degree - 9 years from starting a levels

Question 4

explain the role of solicitors

Answer 4

1)newly qualified solicitors work in private firms, however some work in local authority or government departments etc..
2)Around 200,000 solicitors employed
3)work in private practice as a sole practitioner or in a partnership(allowed by S66 of courts and legal services act 1990)
4)in 2022, there was 9,636 solicitor firms
5)the type of work is dependant on the type o firm e.g most work relates to commercial, , family, or matrimonial and probate work.
6)clients have direct access
7)may brief a barrister where it is necessary to go to court
8)average salary of a solicitor in the Uk : £62,000

Question 5

explain what advocacy is

Answer 5

1)before 1999 solicitors did not have full right to audience
2)after courts and legal services and 1990 and access to justice act 1999, allowed solicitors to have full rights to audience as long as they complete additional training.
3)they must complete a solicitor course to obtain a higher rights to audience qualification
4)without it means solicitor to has to instruct a barrister on behalf of the client

Question 6

explain right to audience

Answer 6

the right to appear in a court as an advocate on behalf of a client. it includes the right to address the court and call and examine witness

Question 7

explain regulation of solicitors in the law society

Answer 7

1)the governing body for solicitors
2)all practising solicitors must be members of the law society
3) the law society makes sure the professions voice is heard with the right people: government, industry and international jurisdictions

Question 8

explain the regulation of solicitor regulatory authority

Answer 8

1) oversees training
2)deals with complaints about professional misconduct of solicitors
3)investigates if evidence of serious professional misconduct, can put the case before the solicitors disciplinary tribunal
4)if upheld, fine reprimanded or suspended or a strike off
5) complaint can be taken to the legal ombudsman

Question 9

what is legal ombudsman?

Answer 9

1) they are appointed by the office for legal complaints to run independent scheme that resolves with complains about lawyers in a effective way. helping to drive improvements to legal services
2) the legal services ombudsman post was created under the courts and legal services act 1990 and allows them to examine complaints against solicitors

Question 10

explain what complaints against solicitors are

Answer 10

1)legal services act 2007 created the office for legal complaints. which deals with complaints against lawyers.
2)the legal services complaints commissioner- oversees the handling of complaints by the office for legal complaints. they can set targets and make recommendations on how to handle complaints and can also fine the body involved in investigating complaints e.g in 2006 the commissioner fined the law society £250k for failing to submit an adequate complaints handling plan

Question 11

explain White v Jones (1995) and the consequence

Answer 11

what it was: solicitor held liable for failing to amend a will in time
consequence: resulted in a loss of benefits and solicitor was sued

Question 12

explain the Griffiths v Dawson(1993) and its consequence

Answer 12

what it was: failed to file a divorce petition –> did not protect wife from financial situation
consequence: solicitor was sued as it caused financial harm to client

Question 13

explain Hall v Simons (2000) and its consequence

Answer 13

what it was: solicitor gave bad advice, and therefor lost the case, leading to him being suid
consequence: lawyers became liable for negligence in their advocacy, leading to greater accountability but also raising concerns about defensive practices

Question 14

what are 3 advantages of role of solicitor

Answer 14

1)wide range of services: solicitors handle a variety of legal tasks(e.g drafting contracts). this diversity ensures clients access support for many legal needs.
2)client centric approach: solicitor work closely with clients to understand their needs and provide tailored solutions. this includes regular communication and updates on case progress.
3)advocacy skills: barristers dominate courtroom advocacy, some solicitors with higher rights of audience can represent higher courts

Question 15

what are 4 disadvantages of the role of solicitors

Answer 15

1)cost of services: solicitors often charge high fees. making their services inaccessible to some individuals, especially in prolonged or complex cases.
2)limited court representation: solicitors handle pre-trail work and lower court advocacy. for representation in higher courts, clients may need to hire a barrister unless the solicitor has higher rights of audience.
3)high responsibility: solicitors must manage heavy case loads, tight deadlines, etc.. which can lead to stress and burnout.
4)liability for negligence: solicitors can be sued for professional negligence(e.g Hall v Simons). creating significant pressure to preform consistently at high standard.

Question 16

what are 4 advantages of the training of solicitors

Answer 16

1)accessible pathway: the intro to GDL and LPC simplifies the qualification process, allowing both law + non law degree graduates to become solicitors.
2)practical experience: trainees gain hand-on experience through the LPC in the real-world legal settings, preparing them for practical challenges in the profession
3)flexibility in specialization: solicitors can specialize in areas like corporate law, criminal law, tailoring their careers to their interest and skills.
4)strong regulation: solicitors are regulated by the solicitors regulation authority (SRA), ensuring professional standards, accountability, and trust in the legal system

Question 17

what are the 4 disadvantages of training for solicitors

Answer 17

1)expensive qualification process: the cost for studying a law degree and taking LPC can limit others from the profession. the cost for the LPC is £7,000 before living expenses
2)intense competition: LPC is highly competitive, particularly at prestigious law firms. LPC covers to much and not in enough depth
3)time consuming: can take several years, involving rigorous academic and practical training.
4)knowledge requirements: solicitors must stay up-to-date with every-changing law and legal practices. requiring ongoing professional development and training.

Question 18

explain the qualification route/ education and training of barristers

Answer 18

1)3 a-levels (2 years)
2)law degree(LLB) - 3 years
3)bar professional training(1 year) - must join 1/4 inns of court: Lincolns, Graysinn, middle temple and inner temple. the student must dine 12 times with their chosen inn in order to qualify for the next stage.
4)pupillage(1 year)professional stage: once the student has passed the BPTC, they are ‘called to the bar’ and officially qualified as barristers.- it splits in 6 months periods and pupil is assigned a pupil master who would be a senior barrister.
-the1st 6 months shadowing their pupil master and observing their cases. the 2nd 6 months pupil conducts their own cases but their work is supervised by pupil master.
5)qualified as a junior Barrister as a member of the bar council and get a tenancy in a Barrister Chambers

Question 19

what are inns of court in the qualification route of a barrister

Answer 19

they are used for training, regulation, and professional development of barrister in England and Wales
- they are 4 professional associations in London

Question 20

what is the alternative route that barristers can take

Answer 20

1)non law degree(3 years)
2) graduate Diploma in law(GDL)- 1year

Question 21

what is the first role of a barrister

Answer 21

1)2024: 32,500 barrister in England and Wales. all barrister are self employed but usually work in a chamber with 15-20 other barrister. they will employ a clerk who handles administrate duties.

Question 22

what is the second role of a barrister

Answer 22

2)majority of their work surrounds advocacy in court. they also gain right to audience after finishing pupillage. outside the court room, they are found negotiating, or drafting documents for court.

Question 23

what is the third role of a barrister

Answer 23

3)they operate under ‘crab rank rule’. meaning that the barrister is available and has suitable expertise they must take the next available case, they cannot pick and choose their cases. however this rule does not apply if the client has sought the barrister directly

Question 24

what is the fourth role of a barrister

Answer 24

4)usually barrister are instructed by solicitors for the given case, however since, 2004 direct access to barristers allowed in some civil cases. however direct cases has not been granted for criminal and family cases

Question 25

what is the bar council

Answer 25

is the professional body for barristers

Question 26

what 4 roles does the Bar council have

Answer 26

1)providing advice, guidance, training and expertise and events for our members
2)inspiring and supporting the next generation of barristers
3)drawing on over members expertise to influence the development of policy and legislation support of an independent justice system
4)promoting the bar of England and Wales to develop career and business opportunities for barristers at home and abroad

Question 27

what is the professional misconduct

Answer 27

The Bar Standards Board (BSB) regulates barristers and handles complaints about their conduct. If someone reports professional misconduct or poor service, the BSB investigates, and an adjudication panel can order the barrister to apologise, refund fees, or pay compensation. Serious cases go to a Disciplinary Tribunal, which can suspend or disbar the barrister.

Question 28

in Khan v Bar standards board (2018) what did khan do wrong?

Answer 28

was found to have made misleading and dishonest statements to a court, breaching BSB code of conduct

Question 29

in Khan v Bar standards board what did BSB do to investigate Khans misconduct and why it is important?

Answer 29

-the BBS investigated the misconduct by reviewing court records, gathering evidence of the misleading statements, and holding a disciplinary tribunal
-it is important as it ensures fairness and maintains public trust in the legal profession

Question 30

in in Khan v Bar standards board how was Khans actions evaluated and why was it imposed

Answer 30

1)determined the Kahn’s behaviour was “seriously reprehensible” meeting the threshold for professional misconduct
2)and he was suspended for 7 months but later reduced to 3 months

Question 31

in in Khan v Bar standards board what impact did it have on his career and how might it influence others?

Answer 31

-damaged his professional representation showing barrister consequences of misconduct

Question 32

explain how making a complaint of poor service works against barristers

Answer 32

If a client is unhappy with a barrister’s service, they should first contact the solicitor who referred them. If the issue isn’t resolved, they can ask the Legal Ombudsman to investigate, who may order the lawyer to apologise, refund fees, or pay up to £50,000 in compensation.

Question 33

explaining how suing work against barristers

Answer 33

Barristers don’t have a contract with their clients when instructed by a solicitor, so they can’t be sued for breach of contract. However, since the Hall v Simons (2000) case, they can be sued for negligence.

Question 34

which case did Hall v Simons overrule and why?

Answer 34

The Hall v Simons (2000) case overruled Rondel v Worsley (1969), which had protected barristers from being sued for negligence. The law lords decided it was no longer in the public interest to give barristers immunity, noting that, like doctors, they should be accountable for mistakes.

Question 35

what was another example of being sued for negligence

Answer 35

1) Ali v Mitchell(1980)

Question 36

what happened in the case of Ali v Mitchell(1980)

Answer 36

barrister sued for negligence in respect of written advice and opinions where the wrong advice about who to sue was given.

Question 37

what are 4 problems in training of barristers

Answer 37

1)Cost- The training is very expensive, the
CPE costs £12,000 for the course (without
living expenses). This can lead to debt.
2)Common Professional Examination - This
course lacks training for non-law specialists,
as it is only a year long it does not give
enough legal knowledge
3)Bar - Students have to choose to become a
barrister too early, as it happens straight after their law degree meaning they are pressurised.
4)Over supply-There are not enough pupillage
places for the number of students who pass
the Bar Professional Training Course. Over
1500 students per year for 400 pupillages.
Therefore, some students cannot become a
barrister

Question 38

what is one general disadvantage of barristers

Answer 38

Specializing in specific areas of law, like litigation, can limit barristers from doing other legal tasks, reduce career flexibility, and lead to competition for work in popular fields like criminal or family law, making it harder to find steady cases.

Question 39

what is one general advantage of barristers

Answer 39

the fact that Barristers focus on
litigation and advocacy, ensures a high level of
expertise in complex cases. This specialization
allows for expert representation in court.

Question 40

what are 3 reasons why barristers and solicitors may be considered unrepresentative in wider society:

Answer 40

1)roles are dominated by middle class white men
2)women and ethnic minorities are underrepresented
3)in 2021, only 15% of barristers were from ethnic minority groups

Question 41

explain all the fusions/ reforms made between the two roles(barristers/ solicitors)

Answer 41

1990: The Courts and Legal Services Act allowed solicitors to gain rights of audience in
higher courts
1992: Solicitor-advocates were introduced
1999: Access to Justice Act gave all barristers and solicitors (after additional training) full
rights of audience
2007: Legal services Act allowed alternative business structures. The ‘Tesco law’ aimed to
make legal work (e.g. will writing) as accessible for clients as buying a tin of beans. It also
enables big companies to buy law firms.

Question 42

what is the argument for the fusion/reform of solicitors/ barristers

Answer 42

since the courts and legal service act, there have been more changes to the legal profession meaning that there is a strong argument that it is now time to fuse these profession into on and have lawyers like they have in USA.

Question 43

what are the 3 advantages of Fusion of barrister/ solicitors

Answer 43

1)reduces costs
2)more continuity
3)less duplication of work

Question 44

what are the 4 disadvantages in the fusion of barrister/solicitors

Answer 44

1)Decrease in specialist skills
2)Loss of the tradition of the bar
3)Less objectivity
4)Loss of the ‘cab-rank’ rule

Question 45

explain what a licenced conveyancer is

Answer 45

A licensed conveyancer is a property law expert who manages the legal work for buying, selling, and transferring property in England and Wales. This role was created after the Courts and Legal Services Act 1990 law ended solicitors’ exclusive rights to handle conveyancing.

Question 46

explain all the 5 points about legal executive

Answer 46

1)A legal executive is a qualified lawyer specializing in a specific area of law.
2)They can meet clients, prepare documents, give advice, and sometimes appear in court.
3)Their work must be supervised by a solicitor, barrister, or licensed conveyancer (for conveyancing).
4)They have limited rights of audience in Magistrates’ Court but can gain more by completing an advocacy course.
5)There are around 20,000 legal executives in England and Wales.

Question 47

explain the first of education and training of legal executives

Answer 47

Stage 1:
1)Professional Diploma in Law (Level 3, equivalent to A-level).
2)Covers subjects like conveyancing, land law, and family law.
3)Assessed through 4 exams or a portfolio with 1 exam, completed in 2 years.

Question 48

explain the second stage of the education of legal executives

Answer 48

stage 2:
1)Professional Higher Diploma in Law (Level 6, degree level).
2)Choose a main practice subject and 2 additional legal areas.
3)Exams cover both law and practical skills.
Takes 2 years to complete.

Question 49

explain the third stage of the education of legal executives

Answer 49

stage 3:
1)Qualifying employment stage: 5 years of practical legal work experience.
2)Must be supervised by a qualified lawyer.
3)Work must involve substantive legal tasks.

Question 50

what happens once a legal executive finished all training

Answer 50

1)they become part of the institute of legal executives.
2)it is then possible to complete the legal practice course and become a qualified solicitor

Question 51

explain the regulation process for legal executives

Answer 51

1)The Chartered Institute of Legal Executives (CILEx) is the governing body for legal executives.
2)Similar to the Law Society (for solicitors) and the Bar Council (for barristers).
3)CILEx promotes legal executives’ interests and sets education and training requirements.

Question 52

explain the complaint process for legal executives

Answer 52

1)The CILEx Regulation Board investigates complaints.
2)Findings are presented to the Professional Conduct Panel, which can reject claims, issue warnings, or refer serious cases to a Disciplinary Tribunal.
3)The tribunal can impose fines up to £3,000 or revoke CILEx membership.
4)Poor service complaints are handled by the Legal Ombudsman.