Legal personnel

Question 1

What is the Bar Council?

Answer 1

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

Question 2

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

Answer 2

Contact the solicitor who referred them to the barrister.

Question 3

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

Answer 3

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

Question 4

What did the Legal Services Act 2007 establish?

Answer 4

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

Question 5

What is the role of the Bar Standards Board?

Answer 5

To regulate and handle complaints against barristers.

Question 6

What can individuals ask the Bar Standards Board to investigate?

Answer 6

Claims of inadequate professional service or professional misconduct.

Question 7

Who investigates claims made to the Bar Standards Board?

Answer 7

A complaints commissioner appointed by the BSB.

Question 8

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

Answer 8

Write to the chambers and then investigate the claim.

Question 9

What happens if a complaint involves inadequate personal service?

Answer 9

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

Question 10

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

Answer 10

Apologise, repay fees, or pay compensation.

Question 11

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

Answer 11

Hold a disciplinary tribunal.

Question 12

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

Answer 12

Suspension or disbarment.

Question 13

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

Answer 13

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

Question 14

Under what circumstance can barristers be sued?

Answer 14

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

Question 15

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

Answer 15

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

Question 16

How many Lord Justices of the Supreme Court are there?

Answer 16

12

Question 17

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

Answer 17

Supreme

Question 18

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

Answer 18

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

Question 19

How many Lord Justices of Appeal are there?

Answer 19

38

Question 20

What court do Lord Justices of Appeal sit in?

Answer 20

Appeal

Question 21

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

Answer 21

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

Question 22

How many High Court judges are there?

Answer 22

108

Question 23

What court do High Court judges sit in?

Answer 23

High court

Question 24

What types of cases do High Court judges hear?

Answer 24

Civil, family, and criminal cases.

Question 25

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

Answer 25

Listen to evidence from witnesses, defendants, and victims.

Question 26

How many Circuit judges are there?

Answer 26

600

Question 27

What courts do Circuit judges sit in?

Answer 27

Crown and county

Question 28

What types of cases do Circuit judges hear?

Answer 28

Civil, family, and criminal cases.

Question 29

What is the role of Circuit judges regarding jury decisions?

Answer 29

The jury makes the decision for them.

Question 30

What is the role of Circuit judges?

Answer 30

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

Question 31

How many Recorders are there?

Answer 31

163

Question 32

What courts do Recorders sit in?

Answer 32

Crown and county

Question 33

What is the main role of Recorders?

Answer 33

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

Question 34

How many days a year are Recorders expected to sit?

Answer 34

30 days a year

Question 35

What is a unique characteristic of Recorders?

Answer 35

They are like part-time judges.

Question 36

How many District judges are there?

Answer 36

400

Question 37

What court do District judges sit in?

Answer 37

County

Question 38

What types of cases do District judges hear?

Answer 38

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

Question 39

What is the ranking of judges

Answer 39

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

Question 40

What does the work of a legal executive depend on?

Answer 40

The type of law firm they work for.

Question 41

What tasks can a legal executive perform?

Answer 41

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

Question 42

What are the rights of a legal executive in court?

Answer 42

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

Question 43

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

Answer 43

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

Question 44

Under what condition must a legal executive complete their work?

Answer 44

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

Question 45

What is CILEX?

Answer 45

The governing body for legal executives.

Question 46

What is the role of CILEX?

Answer 46

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

Question 47

Where do complaints about legal executives go?

Answer 47

To the CILEX regulation board.

Question 48

What can the professional conduct panel do with complaints?

Answer 48

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

Question 49

What powers does the disciplinary tribunal have for legal executives

Answer 49

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

Question 51

How many solicitors are there in England and Wales?

Answer 51

Around 130,000 solicitors ## Footnote This includes solicitors working in private practice, the Crown Prosecution Service, and government departments.

Question 52

What type of firms do solicitors typically work in?

Answer 52

Private practice solicitors firms ## Footnote These range from High Street firms to larger commercial sets.

Question 53

In which courts do solicitors have the right of audience?

Answer 53

Magistrates Court and county court ## Footnote Solicitors can gain further rights of audience through additional training.

Question 54

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

Answer 54

Solicitor-advocates ## Footnote They can represent clients in higher courts after additional training.

Question 55

What is the role of the Law Society?

Answer 55

Professional body for solicitors ## Footnote It offers training, advice, and lobbies the government to promote the solicitors' profession.

Question 56

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

Answer 56

Make a complaint to the solicitor's office ## Footnote All firms have in-house procedures to handle complaints.

Question 57

What was established by the Legal Services Act 2007?

Answer 57

The Office for Legal Complaints ## Footnote It deals with complaints about poor service and solicitors' bills.

Question 58

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

Answer 58

Within six months ## Footnote This applies to the majority of claims.

Question 59

What can complaints about poor service include?

Answer 59

Reduction in the bill, payment or compensation, correction of a mistake ## Footnote Complaints about solicitors' bills can be checked through court assessment.

Question 60

What is the role of the Legal Ombudsman?

Answer 60

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

Question 61

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

Answer 61

Apologise, return documents, do more work, refund or reduce fees, pay compensation ## Footnote Compensation can be up to £50,000.

Question 62

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

Answer 62

Suspension or being struck off the roll ## Footnote Cases can be put before the Solicitors Disciplinary Tribunal.

Question 63

Can a solicitor sue a client?

Answer 63

Yes, for non-payment of fees ## Footnote A client can also sue a solicitor for breach of contract.

Question 64

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

Answer 64

Solicitor ordered to pay compensation ## Footnote This was due to failing to make the correct application in divorce proceedings.

Question 65

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

Answer 65

Failure to act on will instructions ## Footnote The daughters successfully sued for the amount they were supposed to inherit.

Question 66

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

Answer 66

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