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A Level Law - English legal system > Legal personnel > Flashcards

Legal personnel Flashcards

1
Q

What is the Bar Council?

A

The professional body for barristers that represents their profession and makes decisions regarding education and training requirements.

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2
Q

What should a client do if they have a complaint about a barrister’s service?

A

Contact the solicitor who referred them to the barrister.

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3
Q

What action can a legal ombudsman take if a complaint is upheld?

A

Ask a lawyer to apologise, return documents, do more work, refund or reduce legal fees, or pay compensation up to £50,000.

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4
Q

What did the Legal Services Act 2007 establish?

A

The Legal Services Board to oversee work done by the Bar Standards Board.

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5
Q

What is the role of the Bar Standards Board?

A

To regulate and handle complaints against barristers.

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6
Q

What can individuals ask the Bar Standards Board to investigate?

A

Claims of inadequate professional service or professional misconduct.

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7
Q

Who investigates claims made to the Bar Standards Board?

A

A complaints commissioner appointed by the BSB.

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8
Q

What is the initial step in addressing a complaint against a barrister?

A

Write to the chambers and then investigate the claim.

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9
Q

What happens if a complaint involves inadequate personal service?

A

The junction panel will hear the claim. They can order the barrister to apologise, repay fees or pay compensation.

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10
Q

What actions can be ordered by the junction panel if they find against a barrister?

A

Apologise, repay fees, or pay compensation.

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11
Q

What can the Council of the Inns of Court do if professional misconduct is considered to have occurred?

A

Hold a disciplinary tribunal.

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12
Q

What potential outcomes can a barrister face in a disciplinary tribunal?

A

Suspension or disbarment.

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13
Q

Can barristers sue clients or be sued by clients for breach of contract?

A

No, they do not enter into a contract with their client upon receiving instructions.

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14
Q

Under what circumstance can barristers be sued?

A

For negligence, following the decision in Hall v Simmons 2000.

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15
Q

Expalin the routes of compliant for sueing, professional misconduct and poor service

A
  1. Sueing - only for negligence
  2. Professional misconduct - complain to the Bar standards Board (BSB) a complaints comissioner will investigate and contact the chambers and this could lead to a disiplinary tribunal,if its regarding inadiqaute personal service, the juntion pannel will hear the claim
  3. Poor service - Firstly, contact the solicitor who reffered the barrister - if not satified, - ask the ombudsman to investigate
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16
Q

How many Lord Justices of the Supreme Court are there?

A

12

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17
Q

What court do Lord Justices of the Supreme Court sit in?

A

Supreme

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18
Q

What is the main day-to-day role of Lord Justices of the Supreme Court?

A

They mostly do reading and research on cases, only hearing them occasionally.

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19
Q

How many Lord Justices of Appeal are there?

A

38

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20
Q

What court do Lord Justices of Appeal sit in?

A

Appeal

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21
Q

What is the main day-to-day role of Lord Justices of Appeal?

A

Hear appeals and review decisions of lower courts, write reports.

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22
Q

How many High Court judges are there?

A

108

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23
Q

What court do High Court judges sit in?

A

High court

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24
Q

What types of cases do High Court judges hear?

A

Civil, family, and criminal cases.

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25
Q

What is the role of High Court judges in relation to evidence?

A

Listen to evidence from witnesses, defendants, and victims.

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26
Q

How many Circuit judges are there?

A

600

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27
Q

What courts do Circuit judges sit in?

A

Crown and county

28
Q

What types of cases do Circuit judges hear?

A

Civil, family, and criminal cases.

29
Q

What is the role of Circuit judges regarding jury decisions?

A

The jury makes the decision for them.

30
Q

What is the role of Circuit judges?

A

They do sentencing, hear family and crimminal cases and the jury makes the decitions for them

31
Q

How many Recorders are there?

32
Q

What courts do Recorders sit in?

A

Crown and county

33
Q

What is the main role of Recorders?

A

Assisting the parties to prepare for trial, presiding over court proceedings, and delivering judgments.

34
Q

How many days a year are Recorders expected to sit?

A

30 days a year

35
Q

What is a unique characteristic of Recorders?

A

They are like part-time judges.

36
Q

How many District judges are there?

37
Q

What court do District judges sit in?

38
Q

What types of cases do District judges hear?

A

Criminal cases, youth cases, and some civil proceedings in Magistrates’ court and some family cases.

39
Q

What is the ranking of judges

A
  1. Supreme court
    2.Justices of Appeal
    3.High court
    4.Circuit judge
    5.Recorder
    6.District
40
Q

What does the work of a legal executive depend on?

A

The type of law firm they work for.

41
Q

What tasks can a legal executive perform?

A

Meet with clients, prepare documents, give advice in some cases, and appear in court.

42
Q

What are the rights of a legal executive in court?

A

Limited rights of audience in the Magistrates Court and county court for some family cases.

43
Q

How can a legal executive apply for greater rights of audience?

A

By completing an application for civil, criminal, or family cases.

44
Q

Under what condition must a legal executive complete their work?

A

All work must be done under the supervision of a qualified solicitor, barrister, or licensed conveyancer.

45
Q

What is CILEX?

A

The governing body for legal executives.

46
Q

What is the role of CILEX?

A

Promotes the interests of legal executives and decides on the education and training necessary to enter the profession.

47
Q

Where do complaints about legal executives go?

A

To the CILEX regulation board.

48
Q

What can the professional conduct panel do with complaints?

A

Reject them, reprimand the legal executive, give warnings for serious matters, or refer them to a disciplinary tribunal.

49
Q

What powers does the disciplinary tribunal have for legal executives

A

Can make a legal executive pay up to £3000 or rescind their membership of CILEX in serious cases.

51
Q

How many solicitors are there in England and Wales?

A

Around 130,000 solicitors

This includes solicitors working in private practice, the Crown Prosecution Service, and government departments.

52
Q

What type of firms do solicitors typically work in?

A

Private practice solicitors firms

These range from High Street firms to larger commercial sets.

53
Q

In which courts do solicitors have the right of audience?

A

Magistrates Court and county court

Solicitors can gain further rights of audience through additional training.

54
Q

What are solicitors called who have gained additional rights of audience?

A

Solicitor-advocates

They can represent clients in higher courts after additional training.

55
Q

What is the role of the Law Society?

A

Professional body for solicitors

It offers training, advice, and lobbies the government to promote the solicitors’ profession.

56
Q

What should a client do first if they have a complaint about a solicitor?

A

Make a complaint to the solicitor’s office

All firms have in-house procedures to handle complaints.

57
Q

What was established by the Legal Services Act 2007?

A

The Office for Legal Complaints

It deals with complaints about poor service and solicitors’ bills.

58
Q

How long does it typically take to resolve complaints from the OIffcie for legal complaints?

A

Within six months

This applies to the majority of claims.

59
Q

What can complaints about poor service include?

A

Reduction in the bill, payment or compensation, correction of a mistake

Complaints about solicitors’ bills can be checked through court assessment.

60
Q

What is the role of the Legal Ombudsman?

A

Investigate inadequate service complaints

If the service was inadequate, the Legal Ombudsman can ask for various remedies, including compensation.

61
Q

What can the Legal Ombudsman ask a solicitor to do if a complaint is upheld?

A

Apologise, return documents, do more work, refund or reduce fees, pay compensation

Compensation can be up to £50,000.

62
Q

What can happen to a solicitor found guilty of professional misconduct?

A

Suspension or being struck off the roll

Cases can be put before the Solicitors Disciplinary Tribunal.

63
Q

Can a solicitor sue a client?

A

Yes, for non-payment of fees

A client can also sue a solicitor for breach of contract.

64
Q

What was the outcome of Griffiths v Dawson [1993]?

A

Solicitor ordered to pay compensation

This was due to failing to make the correct application in divorce proceedings.

65
Q

In White v Jones [1995], what was the issue with the solicitor’s action?

A

Failure to act on will instructions

The daughters successfully sued for the amount they were supposed to inherit.

66
Q

What are all the options for complaining about a solicitor for poor service

A
  1. Solicitors office
  2. Legal ombudsman - overseen by the office for legal complaints

A Level Law - English legal system (3 decks)

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