Legal Personnel Flashcards
What are the three types of “legal personnel”
-Solicitors
-Barristers
-Legal executives
Which areas are covered under “legal personnel” ?
-Their job role
-Complaints against them (How they’re regulated)
Who do solicitors come under ?
They’re regulated by the Solicitors Regulation Authority, which is overseen by the Legal Standards Board, and they’re represented by the law society
What is the role of solicitors ?
-Meeting with clients
-Offering legal advice
-Drafting legal documents
-Conveyancing
-Wills and probate
-Matrimonial and family matters
-Negligence claims
-Negotiating on behalf of clients
-Advocacy
What is advocacy in terms of a solicitor ?
Solicitors have rights of audience in the Magistrates and County Courts, in order to present their clients case before a judge in court however a certificate in advocacy to gain higher rights of audience.
Where may a solicitor work ?
Solicitors can either work as sole practitioners or in a partnership at a solicitor’s firm (and the type of law a solicitor deals with depends on the firm he works for), they may also work in other organisations such as the “Crown Prosecution Service”, the “Citizens Advice Bureau” or work for a Local Authority or Government Departments. Others may become legal advisors in commercial or industrial businesses.
What is the complaints process against a solicitor ?
First a complaint must be made directly to the company, if they fail to respond or the matter is simply unresolved, a complaint can be made to the “SRA”, or the “Legal Ombudsman”.
What is the SRA ?
The “solicitors regulation authority”, deals with complaints about professional misconduct of solicitors because
they have breached one or more of the SRA
principles.
How may a solicitor fail to uphold the SRA’s principles ?
-Acting dishonestly
-Failing to keep information confidential
-Unethical conduct
What power does the SRA have in regards to professional misconduct ?
If there is evidence of serious misconduct, the
case will be put before the Solicitors Disciplinary
Tribunal. This tribunal can fine or reprimand the solicitor and in very serious cases strike them off the roll.
Who do Barristers come under and how many are there ?
Barristers are regulated by the “Bar Standards Board”, which is the independent regulatory arm of the “Bar Council”. “The Legal Services Board” oversees the Bar Standards Board. There are about 16,500 barristers in practice in England and Wales,
What is the role of a barrister ?
-Advocacy (primarily)
-Drafting legal documents
-Legal research
-Holding case conferences with clients (advising
them on the law and the strength of their legal case)
-Writing an opinion for the client
-Negotiating settlements with the other side
Who do Barristers work for ?
The majority of barristers are self-employed and concentrate on advocacy, although some specialise in areas that rarely require court attendance. They may also be employed by central or local government, or industry and advise the organisation that they work for.
Where do Barristers work and with who ?
All barristers work from Chambers but are self-employed. Each Chamber of barristers employs a clerk who organises the booking and allocation of cases, and most chambers tend to comprise of 15–20 barristers.
What is a “right of audience”
Allows (a solicitor or) a barrister the right by default to represent their client in court before a judge.
What is meant by the term “Bar Direct”
The system which allows individuals to approach a barrister
directly in civil cases, instead of using a solicitor first, which prevents unnecessary costs.
What is the “cab rank rule” for Barristers ?
A barrister has a professional duty to act on behalf of the client once their brief has been accepted by the clerk. Therefore, if a barrister is not committed to a particular case then they must accept any case which falls in their area of specialisation & for which a reasonable fee is offered.
How may a barrister progress in their role ?
After having practised for 10 years, a barrister may be appointed as a King’s Counsel (KC) known as “taking silk”. KC’s take on more complicated cases than junior barristers and can command higher fees. It is from amongst these KC’s that the most senior judges are chosen. There are approximately 800 KC’s in England and Wales and they will often have a junior barrister to assist with the case.
What is the complaints process against Barristers ?
Firstly an individual must complain directly to the chambers, however if there is no response or, the matter is unresolved, a complaint must be made to the “Bar Standards Board” or the Legal Ombusdman.
What is the “Bar Standards Board” ?
The body regulates the profession and upholds proffwsional, high standards amongst Barristers, dealing with complaints if the barrister has breached the “Bar’s Code of Conduct”
What power does the “Bar Standards Board” have in regards to misconduct ?
They can discipline any barrister and if the matter is serious, it will be referred to a “Disciplinary Tribunal” arranged by an independent “Bar Tribunals and Adjudication Service”. A tribunal can reprimand the barrister, make them complete further training, order the barrister to pay a fine of up to £50,000, suspend the barrister or disbar them.
Who are “Legal executives” ?
There are approximately 20,000 and they work in solicitor’s
firms as assistants, they are qualified lawyers and have passed the Institute of “Legal Executives Professional Qualification” in Law and specialise in a particular area of law. The work of legal executives is similar to solicitors, but they deal with the more straightforward matters:
Who do “Legal Executives” come under ?
They’re regulated by CILEX Regulation, the independent regulatory arm of the “Chartered Institute of Legal Executives”.
What is the role of “Legal Excecutives” ?
-Handle property transfers
-Assist in the formation of a company
-Draft wills
-Advise on matrimonial problems
-Advise clients accused of petty crimes
-May also represent clients in court ( as they do have a right of audience)
- Can also gain right of Advocacy
