legal personnel

Question 1

solicitors - what they do

Answer 1

clients first point of contact, controlled by law society, brief and consult barristers, advocacy work, draft wills, provide legal advice, negotiate for clients, can act for clients in court

Question 2

solicitors - their work

Answer 2

have right to advocacy in magistrates and county court, can exercise higher rights by completing exams-access to justice act 1999

Question 3

solicitors - regulations

Answer 3

members of law society, law society-supports interests of solicitors making sure the voice is heard by the right people, SRA-sets standards for qualifying as a solicitor and refers complaints to solicitors disciplinary tribunal

Question 4

solicitors - rights

Answer 4

if client doesn’t pay solicitors can sue or their fees, clients can sue for: breech of contract if solicitor fails to do work agreed,negligence (griffiths v dawson)

Question 5

solicitors - complaints

Answer 5

1. solicitors firm: 28 days to respond-if unhappy they continue 2. SRA: fine, remand, warn, strike of solicitors-legal service act 2007 3. solicitors disciplinary tribunal: SRA refer professional misconduct complaints 4: legal ombusman-appeal SRA decision

Question 6

barristers - what they do

Answer 6

advocate for clients in court, controlled by general council of the bar, work from chambers, cab rank rule-can’t refuse case, question witnesses, 10 years experience-kings council, mainly self employed, part of the 4 inns, instructed by clients or solicitors

Question 7

barristers - becoming one

Answer 7

A levels, U13 law degree(3 years), non law degree(3 years) then (1 year) common professional exam or graduate diploma in law, bar professional training course(1 year), a barrister but must be shadowed(6 months)

Question 8

barristers - funded

Answer 8

most pay for barristers services with own money, legal aid, sentencing and punishment of offenders act 2012-if earn under certain amount don’t need to pay, some provide pro bono work-free advice

Question 9

barristers - complaints

Answer 9

1. chambers: 38 days to respond-if unhappy they continue 2. BSB: punish barristers, warn, fine-legal aid act 2007 3:+. bar tribunal and adjudication service: fine upto £5,000 and then struck off 4. legal ombusman: appeals, failing duty of care(hall v simon), civil court for neglegence(saif ali v SMc)

Question 10

legal executives - their work

Answer 10

specialize in particular area of law, day to day similar to barrister but work on more serious issues

Question 11

legal executives - regulations

Answer 11

CILEx regulation board: investigate complaints about LE, put before professional conduct panel for consideration, if no misconduct it’s dropped, if misconduct they’ll warn of punish LE, serious matters transferred to legal tribunal

Question 12

legal executives - legal ombudsman

Answer 12

set up to deal with complaints against legal professionals, can order legal professionals who where complained about: negligent to client, put things right if more work can correct wrong, refund/reduce fine fees, pay compensation up to £30,000

Question 13

legal executives - complaints

Answer 13

1. complain to firm: 28 days to respond-if unhappy they continue 2. CILEx regulation board: code and conduct, investigate and decide punishment 3. CRB: stage 1- panel of 3 investigate and decide punishment if more severe stage 2- different panel of 3 fine and exclude from the CILEx 4. legal ombudsman- legal service act 2007