Legal Personnel 1A Flashcards
What are the four different groups of legal personnel?
Barristers
Solicitors
Legal Executives
Judges
Where do Barristers work? and who for?
They work in the chambers, and they are mostly self-employed but some work for government organisations.
What is the Direct/Public Access Portal?
It is a system where the public are given direct access to barristers who willl then handle their case.
What happens if the Direct/Public Access Portal has not been used?
The client will talk to their solicitor and the solicitor will instruct the barrister.
What are the jobs that Barristers do?
Prepare legal documents
Advise clients
Negotiate on their behalf
Appear in court
Why are barristers allowed to appear in any court?
They have full ‘rights of audience’
What does advocacy mean?
Support or argue for a client.
If a barrister is defending a case who will they be instructed by?
Solicitor who has initially spoken with D.
What does the Barrister advise on during a case?
The strength of the case against D.
What can the barrister do after the case?
Advise on appeals
If a barrister is prosecuting a case, who will they be instructed by?
The CPS
In a civil case the barrister can be instructed by both these categories.
Clients
Solicitors
What do barristers do outside of court?
Preparation of written evidence and arguments.
Negotiation meetings.
What would the barrister advocate for the client in a civil case?
Present evidence
Advise on possibility of appeal against liability/ award of damages.
How do you become a King’s council?
Apply after 10 years of practice. This is called ‘Taking Silk’
What do all legal personnel owe to their clients?
Confidentiality
What duty does a barrister owe to the court?
Cannot mislead or waste time.
If D admits his guilt to Barrister what can they do?
They do not have to disclose that but they cannot represent D if he pleads not guilty due to their duty to the court.
What is the ‘Cab Rank Rule’?
Barristers cannot turn down a case if it is their area of expertise and they are available.
What is the name of the board that sets out the code of conduct for barristers?
The Bar Standards Board.
Who handles serious breaches of all legal personnel?
The Disciplinary Tribunal.
What punishments can a barrister get if they are found to be in breach?
Formal warning
Further Training
Fine
Suspension
Disbarring
If the complainant is unhappy with the result of the punishment, what can they do and what act allows them to do this?
They can make a complaint to the legal ombudsman.
Legal Services Act 2007
What legal principle came from Hall v Simons?
There is a difference between genuine errors in judgment and negligent advocacy, and if a barrister or solicitor was negligent, they were not immune from being sued.
Who do solicitors work for?
Private firms or the government.
What is a specialised firm?
They focus of a specific area of law.
What is a general practice?
They cover all parts of the law.
What do solicitors do?
Interview clients
Negotiation
Draft legal documents
Write emails
Which courts can all solicitors appear in?
Lower courts
What do solicitors need to appear in higher courts?
More qualifications
What do solicitors do in civil cases?
Advise clients
Collect and prepare evidence
instructs or assists a barrister.
What do solicitors do in criminal cases?
Speak to client
Obtain details
advise client
Who meets out the code of conduct and investigates any breaches for solicitors?
The Solicitors Regulation Authority SRA
What are the possible punishments for a solicitor?
Receive formal warning
Fine
Suspension
Stricken Off
What legal principle came from White v Jones?
Despite not being the clients of the solicitor, the daughters could sue due to suffering loss from the negligent work.
How t become a legal executive?
Obtain the ‘Chartered Institute of Legal Executives’ CILEX qualification.
3 years of experience.
Who do legal executives work for?
Firm or CPS
What do legal executives do?
Similar work to a solicitor.
What does a legal executive need to appear in court?
Advocacy certificates.
Who sets out the code of conduct for legal executives?
CILEX
Who decides if there has been a breach for a legal executive?
CILEX Regulation Board investigate the it is put to the Professional Conduct Panel.
What are the possible punishments for a legal executive?
Reprimand
Fine
Exclusion
Can legal executives be sued?
YES
Where can you find District judges and what do they do?
lowest two courts in the civil and criminal division.
County - low value claims of tort and contract
Mags - hear cases alone instead of 3 mags.
What makes someone eligible to be appointed as a district judge?
Qualified Barrister or solicitor
Experienced of at least 5 years or having been a deputy district judge.
Where do you find recorders and what do they do?
Complex cases in county
Less serious in crown
What makes someone eligible to be appointed as a recorder?
7 years experience
Where do you find circuit judges and what do they do?
Property and family law in the county
Any case in the crown court.
What makes someone eligible to be appointed as a circuit judge?
7 years experience and ideally served as recorder or district judge before.
Where do you find High court judges and what do they do?
In the Crown court or the KBD - high value contract and tort and serious criminal
In chancery- high value claims of business and financial affairs
In family - divorce, distribution of assets, child welfare
in High - assist Lord Justices of Appeal.
What makes someone eligible to be a high court judge?
7 years experience of being a judge and 20 years of being a barrister or solicitor. as well as a circuit judge for 2 years
Where do you find Lord Justices of appeal?
criminal and civil divisions
hear appeals
Where do you find Justices of the Supreme Court and what do they do?
supreme court
appeal cases on matters of public importance.
What makes someone eligible to become a justice of the Supreme Court?
court of appeal of senior court service for at least 15 years.
What makes someone eligible to become a lord justice of appeal?
solicitor or barrister for 7 years or an existing high court judge.
How did the Constitutional Reform Act 2005 address the issue of separation of powers?
They made the Lord chief of justice the head of the judiciary instead of the lord chancellor.
What does the CRA 2005 say also?
Ministers in government must not influence judicial decisions.
What happened in 2009 with the Supreme Court?
they changed their name from House of Lords to Supreme Court.
How are superior court judges given protection from the state?
They can’t be dismissed (unless petition from both Houses goes to the monarch)
Who can Inferior court judges be removed by?
The Lord Chancellor for incapacity or misbehaviour.
Who are judges paid by?
Independent body.
What can parliament decide that affects the independence of judges?
the age of retirement and pension eligibility
Are judges immune from prosecution of any act carried out during their duty?
YES
Are judges immune from being sued?
YES
What is judicial review?
Where judges review law made by parliament.
What Happened in ATB v Aylesbury Mushrooms?
The minister failed to consult the largest representative group. Court made the law ultra vires.
What doe the Human Rights Act 1998 allow judges to do?
declare that an act is incompatible with Human Rights
What happened in A v SOS for the Home department?
The court said that detaining only foreign nationals in this way breached article 5 and 14 of the human rights act and the government changed the law.
Are judges allowed to have any connection to the case they are handling?
no
What happened in Re Pinochet?
Lord Hoffmann was removed due to his connection and the case was retried with. a new panel.
