Legal personnel Flashcards
completed deck
What is a lawyer?
The Solicitors Regulation Authority states that the term ‘lawyer’ is a general term used to describe a person who provides legal advice. In UK law, a lawyer has no defined meaning - anyone can call themselves a lawyer, regardless of whether they have any professional legal qualifications.
What does the term ‘lawyer’ cover in terms of other regulated individuals?
barristers, solicitors, and legal executives
What work do most solicitor carry out?
They work in High street firms and are employed. They carry out day to day legal work. Clients come to their office seeking advice. The solicitor will assist them if they can.
What do solicitors with higher rights do?
Spend a lot of time in the various courts advocating
Who are in control of solicitors?
The Law Society
Which government body may soliciors work for?
The CPS - advising on likely charges that have been brought against a defendant
What type of work will a solicitor carry out?
conveyancing
wills and probate
consumer problems
business matters
family matters
How does a solicitors become King’s counsel? how long may this process take?
Kings counsel are selected by an independent panel of senior lawyers, a retired judge and non lawyers once a year in what is known as the competition. Applying to become kings counsel can take between 3 to 5 years
Where may solicitors work?
Private practices
Local/central government
Magistrates court
In house for commercial and industrial organisations
The CPS
If a person wishes to make a complaint about a solicitor they must first contact who? and what is this process referred to as?
Head of Firm
In house complaints
What does the Law Society ensure in relation to complaints?
That all law firms have a complaints procedure and a nominated person to deal with complaints
With in house complaints, who are the two governing?
The Law society
The Solicitors Regulatory Authority
What is the law society?
the governing body for solicitors in England and Wales - they represent the interest of their members much like a union
What is the Solicitor Regulatory Authority and what Act gives them their powers?
Regulates the profession and deals with complaints. Their powers can be found in s.44D Solicitors Act 1974
What complaints would a SRA deal with?
negligent advocacy and/or negligence advice/work
What case is the case of professional negligence?
White v Jones
What happened in the case of White v Jones?
Mr White wished to change his will to leave his money to his two daughters, but his solicitor was took too long to actually implement this request after receiving it and during this period Mr White passed away and the will remained unchanged. Mr White’s daughters brought a claim against the defendant contending the amount of time it took for him to fulfil the request
Which Act sets up the Office for Legal complaints?
S.114 and S.115 Legal Services Act 2007
Why would a legal ombudsman be contacted?
If a person isn’t happy with the way their complaint to the firm in which the solicitor worked was handled
What are barrister’s employment status and where do they work from?
Whilst practicing for the bar they are self-employed, and usually work from a set of chambers where they share administrative expenses with other barristers
How many Barrister’s are in chambers?
Chamber sizes can vary from small sets with 12-20 barristers, to larger sets with 50+
What duties does a barrister owe and who do they owe them too?
a duty of confidentiality to a client but also a duty to the court or not mislead a court ot waste courts time
After how many years of practicing does a barrister have to complete to apply yo become a kings counsel?
10 years
What rule do barristers normally operate on?
Cab-rank rule
What is meant by the cab-rank rule?
Refers to the obligation of barristers to accept any work within their competence and that offers the proper compensation. This means discrimination is prevented and ensure everyone can get legal representation, so clients wont be deprived of an advocacy
What is meant by direct access in terms of a barrister?
A barrister in independent practice doesn’t have the right to conduct litigation. In a direct access case the client is conducting the litigation as litigant-in-person. They can’t take any steps which could regard as litigation
Where might barristers work?
Most likely to be self-employed as a sole practitioner or working in chambers
In law firms alongside solicitors
Government departments or agencies such s the CPS or Government Legal Profession
What is the difference between a solicitor and barrister?
Barristers tend to practice as advocates representing clients in court, whereas solicitors tend to perform the majority
If a person wanted to make a complaint on a barrister who would they have to contact?
Firstly the Head of Chambers
What do the Bar Standards Board ensure?
That all chambers have a complaints procedure and a nominated person to deal with complaints
Who are the two regulatory bodies for the regulation of barristers?
Bar council
Bar standards board
Who are the bar council?
The governing body for barristers in England and Wales. They represent the interest of their members much like a union
What do the Bar standards board do?
Regulated the profession and deals with any alleged breach of the code of conduct.
Name examples of the types of matter the Bar Standards Board deals with:
Negligent advocacy and/or negligence advice/work
In a serious matter of professional misconduct who would the barrister be referred to by the Bar Standards Board?
Disciplinary Tribunal of the Council of the Inns of Court
Who do legal executives carry out their work for and what is their pay like?
Most legal executives work for a form of solicitors in private practice. Their work is charged at an hourly rate in the same was as solicitors but will be charged at a lower rate
What would a qualified legal executive have to be fellow too?
Chartered Institute of Legal Executives (cilex)
What type of work do legal executives carry out?
Handle parts of a property transfer
draft wills
Advise people on matrimonial problems
Interview witnesses
Advise clients accused of a crime
Advocate in lower courts but will require to have a Proceeding Certificate
Where may barristers carry out their work?
Magistrates court (conditions must be met)
Crown court(conditions must be met)
County court(supervised by an authorised
person)
Freelance
Legal firm
What rights of audience do Legal Executives have?
after qualifying, a legal executive only has right of audience in some unopposed applications in county court under the supervision of an authorised person such as a barrister or solicitor. Legal executives can complete further qualifications to gain right of audience to represent clients in county and magistrates court
How does the work of a solicitor differ from the work of a legal executive?
It costs a lot less and is a lot less competitive to qualify as a legal executive.
What is the regulation of legal executives?
Clix regulation protects the interests of consumers, promotes high professional standards and encourages a diverse and effective legal profession. They do this by overseeing the education, qualification and continuing competence of the people we regulate by setting standards, oversee compliance with those standards and investigate allegations of non-compliance.
When speaking of judges as a group, what do we refer to them as?
the judiciary
What is the main role of the judiciary?
Their main roles is to make decisions in respect of disputes. They must do this in a fair, unbiased way, applying the law and the legal rules of England and Wales
What is the hierarchy of criminal courts?
Supreme court
Court of appeal
Crown Court
Magistrates court
What are the different types of judges and whats their heirarchy?
Justices of the Supreme Court
Lord Justices of Appeal
High Court judges
Circuit Judges
Recorders
District judges
Who are classed as superior judges?
Justices of the Supreme Court
Lord Justices of Appeal
High Court judges
What judges are classed as inferior judges?
Circuit judges
Recorders
District judges
What do recorder judges do?
Assist parties to prepare for trial and manage cases actively and determines claims at trial
What are they key areas for evaluation of the judiciary?
age, gender balance, ethnicity balance, educational and social background, previous university, previous law career
