Legal Personnel 3/13

Question 1

Who are Solicitors Regulated and Represented by?

Answer 1

• Solicitors regulated by Solicitors Regulation Authority which is overseen by the Legal Standards Board
• Represented by The Law Society

Question 2

What do solicitors do?

Answer 2

• Offering legal advice
• Drafting legal documents
• Conveyancing
• Wills and probate
• Advocacy = have rights of audience but can apply for a certificate in advocacy for higher rights of audience
• Can work solely or in a firm
• May offer general advice and larger firms may specialise in certain areas
• Can also work in Crown Prosecution Service, Citizens advice Bureau or become Legal Advisors

Question 3

Who are barristers regulated by?

Answer 3

Regulated by Bar Standards Board which is the independent regulatory arm of the Bar Council

Question 4

What do barristers do?

Answer 4

• Advocacy = represent clients in court, presents the case, examines and cross examines witnesses
• Draft legal documents
• Legal Research
• Have rights of audience in all courts in Eng + Wal
• “Bar Direct” allows individuals to approach barrister directly in civil cases
• Must abide by “Cab Rank” rule = have a duty to take first case which falls in their area of expertise and for which a reasonable fee is offered
• After 10yrs may be appointed as a Queen’s Counsel (QC), known as “taking silk”, take on more complicated cases but can command higher fees
• Approx 800 QC’s in Eng + Wal

Question 5

Who are legal executives regulated by?

Answer 5

• Regulated by CILEX, Chartered Institute of Legal Executives
• 20,000 legal execs who work in solicitor’s firms as assistants
• They are qualified lawyers who have passed the Institute of Legal Executives Professional Qualification in Law and specialise in a particular area

Question 6

What do legal executives do?

Answer 6

• Handle property transfers
• Draft wills
• Advise clients accused of petty crimes
• Have rights of audience in the County Court
• Can do a course of advocacy to gain wider rights of audience

Question 7

What is the Legal Ombudsman?

Answer 7

• Set up by Office for Legal Complaints under Legal Services Act 2007
• Free complaints service
• Decision is legally binding

Question 8

How to complain against barristers?

Answer 8

• Direct to Chambers:
  
  • If client is unsatisfied with a barrister, must complain direct to chambers first
• Bar Standards Board:
  
  • Deals with complaints if barrister has broke the Bar’s Code of Conduct
• Can discipline any barrister or refer to a Disciplinary Tribunal arranged by Bar Tribunals and Adjudication Service
  
  • Tribunal can reprimand, make complete further training, fine up to £50,000, suspend/disbar them

Question 9

How to complain against Solicitors

Answer 9

• Direct to Office: 28 days
  
  • If client unsatisfied with work of a solicitor must complain direct to company office first
• Solicitors Regulation Authority:
  
  • Deals with complaints about professional misconduct where solicitor has breached an SRA principle
• If serious, can be referred to Solicitors Disciplinary Tribunal
  
  • This can fine, reprimand, strike them off the role

Question 10

How to complain against Legal Executives

Answer 10

• Complaints go to CILEX Regulation Board
• Issue will be investigated and a summary is given to Professional Conduct Panel
• Can reprimand or warn a member
• Serious matters referred to Disciplinary Tribunal, can warn or reprimand, fine up to £3,000 plus costs, exclude person from a membership