Legal Personnel Flashcards
briefly explain the role of a solicitor
provide confidential legal advice on a range of topics
daily task of a solicitor
provide expert advice on topics e.g. buying + selling houses, drawing up wills
where can solicitors act as advocates
in magistrates + country court
- in limited circumstances in the High courts
what act allows solicitors to apply for a certificate of advocacy which enables them to appear in the higher courts
the Courts and Legal Services Act 1990
what can solicitors who have an advocacy qualifications apply for
QC
who are solicitors governed by
the Law Society
what does the law society to (2)
- represent, promote & support solicitors in E + W
- support equality, campaign on legal issues of importance to members + public
who deals with complaints about professional misconduct of solicitors
the Solicitors Regulatory Authority (SRA)
what do solicitors regulatory authority (SRA) do
investigate complaint case + if evidence of serious professional misconduct they will put case before the Solicitors’ Disciplinary Tribunal
If the Solicitor’ Disciplinary Tribunal upholds complaint what can they do (4)
1) fine
2) reprimand
3) suspend solicitor from the Roll
4) strike them of completely
If C unhappy with decision of SRA who can they take the matter to
Legal Ombudsman
what must all barristers be a member of - and name these
1 of the 4 Inns of Court:
Lincoln’s Inn
Inner Temple
Middle Temple
Gary’s Inn
explain role of barristers
self-employed specialist legal advisers + court room advocates
where do barristers work, who with + who are they managed by
they work from chambers shared with other barristers + managed by by a clerk
what will the majority of barristers focus on
advocacy
barristers have full rights of advocacy - what does this mean
they can present cases in any court in E + W
what are barristers trained to do
advise clients on strengths + weaknesses of their case
why do solicitors need to instruct barristers in criminal cases
as direct access to the public still not allowed in criminal cases
what can barristers apply to become
a QC
who represents barristers
The General Council of the Bar
what does the General Council of the Bar do in representing barristers
- promote the Bar’s high-quality specialist advocacy + advisory services
- represent the interests of the Bar
- promote fair access to justice for all
what does the Bar Standards Board do
- regulate the profession of barristers + sets training + entry standards
- sets our code of conduct for barristers + investigates any beaches
the Bar Standards Board can discipline for any breaches and in serious cases refer it to a….. who can ….(4)
Disciplinary Tribunal… who can
1) fine
2) impose further training
3) reprimand
4) disbar
if C unhappy with decision of Bar Standards Board, who can they take their matter to
the Legal Ombudsman
where do legal executives work
in solicitors firms
legal executives are qualified lawyers who have passed the….
Institute of Legal Executives Professional Qualification in Law and the Professional Higher Diploma in Law (PHDL)
legal executives can go on to become to become a solicitor if they pass what
the LPC
do legal executives usually specify in a particular area
yes
do legal executives have any rights of audience
some - they can make applications for the cases not defended in family matters + civil cases in the County Court
what are all legal executives members of
the Chartered Institute of Legal Executives (CILEx)
what does the Chartered Institute of Legal Executives (CILEx) do (2)
- provides education, training + development of skills
- protects status + interests & publishes a code of conduct and guides to good practice
what does the CILEx Regulation Board do
investigate complaints + puts them before Professional Conduct Panel
CILEx Regulation Board will refer serious matters to the Disciplinary Tribunal who have the power to….(4)
1) fine
2) reprimand/ warn
3) exclude from membership
4) impose costs order
if C unhappy with CILEx Regulation Board decision who can they take their matter to
the Legal Ombudsman
what do Legal Ombudsman’s deal with
complaints against the handling of complaints by the SRA, BSB + CILEx Regulatory Board
what can Legal Ombudsman impose
1) apology
2) return documents
3) pay compensation
4) refund/ reduce fees
5) correct wrong doing
