Legal Personnel Flashcards
What is the typical employment status of most barristers?
Most barristers are self-employed
They work from a set of ‘chambers’ with other barristers and support staff.
What types of organizations may employ barristers?
Barristers may be employed by government organisations such as the civil service or the CPS
CPS stands for Crown Prosecution Service.
How do barristers typically receive instructions for cases?
Barristers are usually instructed by solicitors
Direct/Public Access portal allows public to access barristers directly in certain cases.
What are the primary responsibilities of a barrister?
Barristers prepare legal documents, advise clients, negotiate on their behalf, and appear in court
Advocacy is a significant part of their role.
What does ‘rights of audience’ mean for barristers?
Barristers have full ‘rights of audience’, meaning they can present a case in any court
In criminal cases, what roles do barristers perform?
Barristers either defend the defendant (D) or prosecute for the CPS
Who instructs barristers in criminal cases?
Barristers are instructed by the solicitor who has spoken with the defendant or by the CPS
What advice do barristers provide to defendants in criminal cases?
Barristers advise on the strength of the case against the defendant (D)
What is the decision that the defendant (D) must make based on the barrister’s advice?
D will decide whether to plead guilty or not
What role does a barrister play after a case concludes?
The barrister can advise on the possibility of appeal
How are civil cases typically handled by barristers?
Civil cases are handled through written evidence and arguments prepared before trial
What do barristers do if there is a court case in civil matters?
Barristers present evidence and advise on the possibility of appeal against liability or the award of damages
What is required for a barrister to apply to become a King’s Counsel (KC)?
The application requires references from lawyers and judges, and an interview with an independent panel
What is the significance of becoming a King’s Counsel (KC)?
KCs tend to handle more complex cases and attract a higher fee
Fill in the blank: After at least ten years of practicing, barristers can apply to become a _______.
King’s Counsel (KC)
What duty do barristers owe to their clients?
A duty of confidentiality
What duty do barristers owe to the court?
A duty not to mislead the court or waste its time
What must a barrister do if they have relevant information that could weaken their client’s case?
Ensure the court has all relevant information
What happens if a client admits their guilt to a barrister?
The barrister does not have to disclose this information
Can a barrister represent a client who pleads not guilty after admitting guilt?
No, due to the barrister’s duty to the court
What is the ‘cab rank rule’?
Barristers usually cannot turn down a case if it is in their area of expertise and they are available
True or False: A barrister can mislead the court if it benefits their client.
False
Fill in the blank: Barristers owe a duty of _______ to their clients.
confidentiality
Fill in the blank: The ‘cab rank rule’ indicates that barristers cannot turn down a case if it is in their area of _______.
expertise
What does the Bar Standards Board set out for barristers?
A code of conduct
The code outlines professional and ethical standards for barristers.
What actions can the Bar Standards Board take against a barrister?
Investigate alleged breaches and discipline barristers
This includes handling serious matters through a disciplinary tribunal.
What are some possible sanctions the Bar Standards Board can impose on a barrister?
- A formal warning (a reprimand)
- Further training
- A fine
- Suspension from the bar
- Disbarring entirely
Sanctions vary based on the severity of the breach.
What recourse does a complainant have if unhappy with the Bar Standards Board’s decision?
Make a complaint to the legal ombudsman
This is permitted under the Legal Services Act 2007.
Under what circumstances can barristers be sued?
For breach of contract or negligence
An example case is Hall v Simons, which illustrates this principle.
Where do most solicitors work?
Most solicitors work in private firms
Some solicitors also work for the Government in roles such as civil service.
What types of law do some firms focus on?
Specific areas of law
Examples include conveyancing, divorce, and personal injury.
What are some typical tasks performed by solicitors?
Interview clients, negotiate, draft legal documents, write emails and letters
These tasks are essential in providing legal services.
What rights do solicitors have in lower courts?
Rights of audience
A qualification is needed for rights in higher courts.
In civil cases, what are the responsibilities of solicitors?
Advise clients, collect and prepare evidence, instruct and assist a barrister or advocate themselves
This process is crucial for the preparation of a case.
What do solicitors do in criminal cases?
Speak to arrested clients, obtain case details, advise clients
Depending on the seriousness of the case, they may instruct a barrister or represent the client themselves.
What is required for a solicitor to apply to become a KC?
At least ten years of advocating in higher courts, references from lawyers and judges, an interview with an independent panel
KCs handle more complex cases and typically charge higher fees.
Fill in the blank: After at least ten years of advocating in higher courts, solicitors can apply to become a _______.
KC
True or False: Solicitors can represent clients in higher courts without any qualifications.
False
What organization handles complaints of solicitor misconduct?
The Solicitors Regulation Authority (SRA)
The SRA is responsible for investigating complaints against solicitors.
What actions can the SRA take if a complaint against a solicitor is upheld?
The actions include:
* Warning (reprimand)
* Fine
* Suspension
* Stricken off entirely
These actions are determined by the severity of the misconduct.
What can a complainant do if they are unhappy with the SRA’s decision?
Make a complaint to the legal ombudsman
This is permitted under the Legal Services Act 2007.
Can solicitors be sued for breach of contract?
Yes
Solicitors can also face negligence claims.
What case established that solicitors can be sued for poor advocacy?
Hall v Simons
This case highlighted the liability of solicitors in cases of negligence.
What case established that solicitors can be sued for poor work?
White v Jones
This case further clarified the negligence standards for solicitors.
What qualification must a person obtain to become a legal executive?
The Chartered Institute of Legal Executives (CILEX) qualification
CILEX is a professional body for legal executives in the UK.
How many years of supervised legal experience are required for legal executives?
Three years of supervised legal experience
This experience is essential for practical understanding of the law.
Where do legal executives typically work?
In a firm of solicitors, the CPS, or private companies
CPS stands for Crown Prosecution Service.
What type of law do legal executives often specialize in?
A particular area of law
Specialization allows for in-depth knowledge and expertise.
What kind of work do legal executives perform?
Similar work to a solicitor, often dealing with more straightforward matters
This includes advising clients and writing formal documents.
What must legal executives obtain to appear in court?
Different advocacy certificates
These certificates are typically for lower courts such as the county or youth court.
Fill in the blank: Legal executives usually deal with more _______ matters than solicitors.
straightforward
True or False: Legal executives can work in any court without obtaining additional qualifications.
False
Legal executives need advocacy certificates for court appearances.
What does CILEX publish to guide legal executives?
A code of conduct and guides to good practice
CILEX stands for the Chartered Institute of Legal Executives.
Who can investigate complaints about legal executives?
The CILEX regulation board
The regulation board is responsible for maintaining standards among legal executives.
What happens to the findings of an investigation into a legal executive?
They are put to the Professional Conduct Panel
The panel assesses whether there has been misconduct based on the investigation’s findings.
What can the Professional Conduct Panel do if there is a finding of misconduct?
Warn or reprimand the legal executive
This is a preliminary action before potentially more serious consequences.
Where do more serious matters regarding legal executives go?
To the Disciplinary Tribunal
The Disciplinary Tribunal handles more severe allegations of misconduct.
What actions can the Disciplinary Tribunal take?
Warn/reprimand, order a fine, or exclude the executive
Exclusion is the most severe penalty that can be imposed.
What can a complainant do if they are unhappy with the panel’s decision?
Make a complaint to the legal ombudsman
This process is allowed under the Legal Services Act 2007.
Can legal executives be sued for breach of contract or negligence?
Yes, like solicitors
Legal executives are held to similar legal standards as solicitors.
What types of cases do district judges handle?
Civil and criminal cases in the lowest courts
What qualifications are required to become a district judge?
Qualified as a solicitor or barrister with at least five years of experience or have been a deputy district judge
Who can become a deputy district judge?
Legal executives
What is the role of a recorder?
A part-time post for solicitors or barristers with at least seven years of experience handling slightly more complex cases in the county court and less serious cases in the Crown Court
What types of legal issues do circuit judges in the County Court hear?
A wider range of legal issues including property and family law cases
What are the requirements to become a circuit judge?
Must have been a solicitor or barrister with at least seven years of experience, ideally having served as a District Judge or a recorder
What are the three divisions of the High Court?
- King’s Bench Division
- Chancery Division
- Family Division
What types of cases do King’s Bench Division judges handle?
High value contract and tort cases, serious criminal cases in the Crown Court
What do Chancery Division judges focus on?
High value claims about business disputes and financial affairs
What issues do Family Division judges address?
Claims about divorce, distribution of assets, and child welfare issues
What is required to become a High Court judge?
Must be a barrister or solicitor with at least seven years of experience or have been a circuit judge for at least two years
What is the typical experience level for those appointed as High Court judges?
Practicing barristers for over twenty years
What do Lord Justices of Appeal handle?
Cases in either the civil or criminal division of the Court of Appeal, appeals from the Crown court or divisions of the High Court
What qualifications are necessary to become a Lord Justice?
Qualified as a solicitor or barrister with at least seven years of experience or be an existing High Court judge
What types of cases do Justices of the Supreme Court hear?
Appeal cases on matters of public importance
How are Supreme Court judges chosen?
From the Court of Appeal or those who have served in senior courts for at least 15 years
What type of offences do district judges in the Magistrates court decide on?
Summary and triable either way offences
District judges hear evidence and then decide a verdict and sentence.
Who decides on points of law in the Crown Court?
Recorders and Circuit judges
They ensure the correct procedure is followed and advise the jury.
What is the role of High Court judges in the context of serious indictable offences?
Handle more serious indictable offences
High Court judges are from the King’s Bench Division.
What do District judges in the County Court decide on?
Liability, costs, and remedies
They also handle pre-trial matters such as case management.
What additional role do High Court judges have compared to District judges in the County Court?
Handle appeals from the County Court
High Court judges perform similar functions but at a higher level.
In the Court of Appeal, what do judges primarily do?
Hear appeals from the Crown or High Court
They may also hear ‘leapfrog appeals’ from the County Court.
What is the function of Supreme Court judges regarding appeals?
Hear appeals from the Court of Appeal
They decide if the previous decision should stand.
Fill in the blank: In the Magistrates court, district judges hear evidence and decide a verdict and sentence for _______.
summary and triable either way offences
True or False: High Court judges only handle serious indictable offences.
False
They also handle appeals from the County Court and perform other judicial functions.
What did the Constitutional Reform Act 2005 change regarding the head of the judiciary?
It made the Lord Chief Justice the head of the judiciary instead of the Lord Chancellor.
What is the purpose of separating the judiciary from the other arms of the state?
To uphold the independence of judges and prevent influence from the executive and legislature.
What does section 3 of the Constitutional Reform Act 2005 state about the Lord Chancellor and other ministers?
They must uphold the independence of the judiciary and not seek to influence judicial decisions.
What significant change was made to the House of Lords court?
It changed its name to ‘the Supreme Court’ and moved to a new building.
What restriction is placed on full-time judges regarding membership in Parliament?
Full-time judges are not allowed to be members of Parliament.
How can Superior court judges be dismissed?
Only by the Monarch following a petition from both Houses of Parliament.
Who determines the pay of judges?
Judges are paid by an independent body.
What immunity do judges have during their duties?
Judges are immune from being prosecuted or sued for any acts carried out during their duties.
What is the role of judicial review?
It allows judges to check the power of the executive.
In which case did the court void a law due to improper procedure by a Government minister?
ATB v Aylesbury Mushrooms.
What does the Human Rights Act 1998 allow judges to do?
It allows judges to declare that an Act is incompatible with Human Rights.
What was changed as a result of the court’s ruling in A and another v Sos for the Home Department?
The indefinite suspension of suspected terrorists was deemed incompatible and changed.
What must judges avoid regarding the cases they handle?
Judges cannot have any involvement with the case they are handling.
Why was the case Re Pinochet retried?
Because one of the Lords from the original hearing was connected to the parties in the case.
