Legal Personnel Flashcards

Question

solicitors qualifications (education and training)

Answer 1

graduate route is made up of three stages: 1) academic stage 2) vocational stage 3) professional stage

Answer 2

provides students with legal knowledge..... • complete a qualifying law degree which includes 7 core topics such as contract law and criminal law OR • undertake a non law degree and then complete a 1 year conversion course called the GDL (Graduate Diploma in Law) and continue as a law graduate

Answer 3

provides specialised skills... * complete LPC (Legal Practise Course) which consists of 2 stages * stage 1: core practice areas/skills such as client interviewing and negotiating * stage 2: made up of 3 vocational electives * Professional Skills Course lasts 20 days and builds on skills learnt in the LPC

Answer 4

practical work experience and training... • training contract — lasts 2 years, involves working as a trainee solicitor in a firm or other organisation such as the CPS, paid a small salary, supervised by a solicitor and must gain experience in 3 areas of law

Answer 5

after completing the training contract the solicitor is deemed qualified and can seek admission to the roll of solicitors must register with the SRA (Solicitors Regulation Authority) continue to have education courses to keep knowledge up to date

Answer 6

available to non graduates to qualify as solicitors but takes longer than the graduate route

Answer 7

plans to launch the Solicitors Qualification Exam in 2020 meaning the GDL and LPC will no longer be required to qualify and will likely be phased out

Answer 8

expensive training contracts law degree GDL

Answer 9

training costs a lot of money, a degree alone is over £9000 a year including debts from student loans which can reach £50,000 the LPC can be around another £14,000 risky and possibly not worth the expense of seeing as there are few jobs available and many do not even complete the training there is no guarantee of a job at the end of expensive training, newly qualified solicitors have to compete against legal executives and paralegals for jobs too HOWEVER, there are bursaries and sponsorships available to help deal with the financial aspect

Answer 10

like pupillages for barristers, there are a limited number of training contracts available more people do the LPC then there are training contracts which prevents many people from completing the training which is a major set back considering how expensive training is furthermore, the minimum salary for training contracts have been abolished meaning that some trainees are earning a very low wage with no hope of paying off their debt any time soon most training contracts are offered to graduates from Oxbridge and Russell Group universities (79% of law trainees come from RG universities), seems to be elitist and acts as a barrier to those not from such privileged backgrounds

Answer 11

law degree is arguably worth the expenses seeing as it provides a wide range of opportunities for work in many other careers and provides useful skills that can be applied to other fields of work so even if the training isn’t completed the law degree itself is still useful and not a waste of money

Answer 12

the GDL is criticised for being insufficient grounding in law as it only last year and does not equip the student with enough legal knowledge this makes it harder for those with the GDL to access good contracts and jobs also, as it’s only a year there is a very heavy workload which can be off putting and very stressful for anyone wanting to train to become a solicitor HOWEVER, the challenging workload can be good preparation for the work expected when qualified and entering the real profession

Answer 13

the majority of solicitors work in private practice in a law firm others may work for the CPS, a local authority, government department or in a legal department for a large business such as the BBC may be general practitioners handling a variety of work such as...... • meeting with clients • offering legal advice (usually general and initial) • drafting legal documents • negotiating (on behalf of clients) • advocacy (all solicitors have rights of audience in lower courts and can apply for higher court rights qualifications) may specialise in one particular field of law such as... • matrimonial and family matters (e.g. divorce or child custody) • negligence (e.g. personal injury claims) • wills and probate

Answer 14

Law Society = governing body of solicitors Solicitors Regulation Authority = regulates the profession complaint should initially be made to the solicitor or firm themselves — each solicitor has a procedure for dealing with complaints as well as a designated complaint handler next step is to contact the Legal Ombudsman if complaint is about poor service, the bill, etc or if the initial complaint was not handled sufficiently the Legal Services Act 2007 set up the Legal Ombudsman and the Office for Legal Complaints ``` the Legal Ombudsman a certain powers... • to ask the solicitor to apologise • get back any documents • correct any wrong doings • refund or reduce legal fees • pay compensation of up to £50,000 ``` solicitors must comply with the principles of the code of conduct, if they breach these principles then the client may complain to the SRA who can investigate misconduct and require solicitors to explain their actions Solicitors Disciplinary Tribunal will look at evidence submitted by the SRA, they deal with serious professional misconduct cases and can • fine or reprimand a solicitor • suspend a solicitor from the roll — cannot practise for a certain period of time (for serious cases) • strike off a solicitor from the roll — banned from practising (for very serious cases)

Answer 15

fee earning, qualified lawyers who have passed the CILEx (Chartered Institute of Legal Executive) Professional Qualification in Law often do the same work as solicitors and specialise in a specific legal area such as litigation or conveyancing eligible to become partners in law firms

Answer 16

do not need a degree but should have at least 4 GCSEs at grade C or above complete CILEx training programme — stage 1 and 2 undertake qualifying employment

Answer 17

CILEx training programme * STAGE 1 = Level 3 Professional Diploma in Law and Practice — equivalent to A Levels, gives good grounding in core legal topics, usually takes 2 years * STAGE 2 = Level 6 Professional Higher Diploma in Law and Practice — equivalent to degree level, students choose areas of law to study and learn the law and practise for those areas in more detail, develop professional skills if both stages are successfully completed, students become a graduate member of CILEx if student already has a degree or GDL, they can take the CILEx Graduate Fast Track Diploma instead of above routes

Answer 18

minimum of 3 years carry out legal work under supervision of a solicitor, barrister, etc may be employed in a legal practice, private company or within government can be carried out during studies but final year must be done after Level 6 Diploma can then apply to become a Fellow of CILEx

Answer 19

alternative business structures technology globalisation diversity

Answer 20

Legal Services Act 2007 introduced ABSs allows anyone with a license to operate from the Legal Services Board to open an ABS others can now own legal service providers, it’s not just restricted to lawyers ABSs may include both solicitors and barristers as well as lawyers and non-lawyers e.g. commercial firm like the Cooperative Society has a license

Answer 21

* one stop legal practices — clients have direct access to a range of specialist in the same business rather than having to employ several services which makes it cheaper and more efficient * gives clients more choice between ABSs and traditional firms * gives choices to solicitors and barristers on how to practice law and further their career, they can either work in a traditional firm or an ABS * free market competition may reduce fees, beneficial to clients

Answer 22

* loss of an independent legal profession to protect individual liberties * the best lawyers become even more concentrated in a small number of firms * potential conflict-of-interest * difficult to regulate the professional conduct of lawyers and non lawyers

Answer 23

technological developments have resulted in..... * case decisions and rulings accessible online — no need to rely solely on printed reports which is more effective and concise * reduced paperwork — due to online claim forms and court computers * legal documents can be processed and search electronically — saves time and reduces fees for clients but produces less income for lawyers * ODR — allows disputes to be resolved online without lawyers * online courts — do not need lawyers, may be available in 2020

Answer 24

technological developments have allowed for globalisation.... * easier for law firms to operate internationally, many firms now have offices in many countries * mass communication encourages a more global approach and has led to an increase in the need for international law alongside national law * however it’s hard to develop the best talent in distant locations and set the same rights in new markets * barristers chambers may open abroad but there will be little affect on the criminal bar and small solicitor firms

Answer 25

GENDER • 60% of law degrees are awarded to women • 1/3 of barristers and 50% of solicitors are female • few women in higher levels of the profession — only 15% of QCs are female and 22% of partners solicitors firms • 2010 report suggested this is due to lack of flexible working hours, profession is still male dominated and women prefer to be salaried barristers or in-house lawyers ``` RACE • 13% of the Bar are BME • 15% of solicitors are BME • 7% of QCs are BME • they are well represented considering their proportion in the population • increased number of QCs are BME ``` OTHER • more than 50% of solicitors are from the first generation in their family to attend university • 70% of barristers have parents educated to degree level

Answer 26

* vocational stage in training is more straightforward and practical for trainee solicitors, only need to complete the LPC which covers a wide range of topics including practical areas such as business management, whereas barristers need to do the BPTC as well as joining an Inn of Court and completing 12 sessions of dining before being called to the Bar * LPC is marginally cheaper than the BPTC and is offered in a greater number of places around the country, many universities are now including it in the four year degree course, this makes it more accessible and easier to undertake BUT there are more bursaries available for trainee barristers from the Inns to assist training * not overburdened with additional costs that barristers have to cover such as costs of wigs, gowns and dining on top of the cost of training, these costs may prevent someone from entering the barrister profession * more training contracts available than pupillages, gives more opportunity to trainee solicitors and makes it easier to complete training, there are also greater ranges of training that can be undertaken for example in a firm a trainee solicitor must complete work in three areas of practice * minimum pay per annum for training contract is £16,000 whereas it is only £12,000 for pupillages, makes it easier for solicitors to cover the cost of living * greater range of jobs available, easier to find employment after training, more secure employment as the majority of positions are salaried whereas most barristers are self-employed which may be risky if they do not have the financial backing to cope with this * solicitors can now undertake the same work as a barrister including obtaining the same rights of audience

Answer 27

* no difference in academic stage of training both need a qualifying law degree or GDL * more bursaries and financial aid available for trainee barristers from Inns of Court to assist them with the vocational stage, less available for solicitors

Answer 28

judges as a group are referred to as the judiciary there are many different levels of judges, divided into superior (high court and above) and inferior judges (those of the lower courts) main roles; make decisions, apply the law, be fair and unbiased SUPERIOR JUDGES — Justices of the Supreme Court, Lord and Lady Justices of Appeal, High Court Judges INFERIOR JUDGES — Circuit Judges, District Judges, Recorders

Answer 29

superior judges hold the highest judicial office deal with cases of the greatest public and constitutional importance also deal with appeals on points of law of general public importance

Answer 30

superior judges sit in the Court of Appeal which has two divisions; civil and criminal deal with appeals in both civil and criminal cases

Answer 31

superior judges sit in the High Court and the Crown Court CC = deal with major criminal cases like murder HC = deals with all major civil cases hear some first instant cases and some appeals

Answer 32

inferior judges sit in the Crown Court for criminal cases and in the County Court for civil cases

Answer 33

inferior judges part time judges who sit in the Crown Court and the County Court but mainly work in the Crown Court appointed for five years and then reappointed

Answer 34

inferior judges sit in the Magistrates Court and County Court MC = hear criminal cases in larger cities instead of magistrates CC = hear small claims cases of up to £10,000

Answer 35

set out in the Courts and Legal Services Act 1990 amended by the Tribunals, Courts and Enforcement Act 2007 qualifications are based on legal qualifications and legal experience Supreme Court Justices = 15 years legal experience OR held high judicial office for 2 years Lord and Lady Justices of Appeal = 7 years legal experience OR existing High Court judge High Court Judges = 7 years legal experience OR 2 years as a circuit judge Circuit Judges = 7 years legal experience OR 3 years as a recorder or district judge Recorders = 7 years experience + 5 years appointment District Judges = 5 years legal experience OR a CILEx Fellow + 5 years post qualification experience

Answer 36

* selected by the JAC (Judicial Appointments Committee) — which was established by the Constitutional Reform Act 2005 and is made up of a panel of judges, lawyers and lay people * advertisement — vacancies for judges are advertised widely online, in newspapers, etc to aim to diversify the judiciary * apply — candidates apply and provide references * 5 qualities JAC will look for... 1. intellectual capacity 2. personal qualities like integrity and objectivity 3. ability to understand and deal fairly 4. authority and good communication 5. efficiency * selection is made on merit, only those of good character and the 5 qualities will be successful * a criminal conviction will result in the candidate not being considered for the appointment e.g. in one case, 7 points on a driving license prevented someone’s appointment * shortlist — online qualifying test is used to shortlist candidates * selection day — successful candidates invited to selection day which consists of an interview assessing attitude and aptitude (may include role-play exercise) * selection — JAC selects those for appointment and recommends them to the Lord Chancellor (who used to carry out selection but is very limited now due to judicial independence) * appointment — made by the Queen, keeps judicial selection and appointment separate from the government

Answer 37

* Lord Chief Justice selects inferior judges instead of Lord Chancellor * if two candidates of equal merit are up for appointment to the Supreme Court it allows one to be chosen to improve diversity

Answer 38

carried out by the Judicial College training focuses on.... • knowledge of substantive law, evidence and procedure • development of judicial skills • social context within which judging occurs induction program — new judges have to do an induction program which usually consist of 3 to 5 day residential course new low-level judges assigned an experienced judge to act as a mentor promotions — when judges are promoted to a higher level they attend induction courses for that level continuing education — mixture of residential and non-residential courses supplemented by e-learning, updates knowledge on any new legislation such as the 1998 Human Rights Act (compulsory for inferior judges but voluntarily for superior judges) human awareness — also receive training in human awareness which makes judges more able to understand other peoples viewpoints and circumstances eg understanding pressures from high unemployment, housing shortages and drink/drug problems

Answer 39

judges must retire at 70 SENIOR JUDGES • security of tenure — cannot be dismissed by Lord Chancellor or the government, this right originates from the Act of Settlement 1701 • can only be removed by the monarch following a petition by the Houses of Parliament • can be asked to resign INFERIOR JUDGES • can be removed by Lord Chancellor or Lord Chief Justice for incapacity on misbehaviour • must comply with set procedures in the Constitutional Reform Act 2005 RECORDERS • appointment for 5 years and then reappointed unless there is good reason not to

Answer 40

role depends on the court they sit in

Answer 41

* ensure hearing is fair * preside over court * decide questions of law * single judge makes decisions CIVIL COURTS • decide outcome of the dispute and award • small claims — help parties put their case • case manager — decide track and keep parties to time limits • hold preliminary hearings • may run court office CRIMINAL COURTS • MC = decide verdict, sentence, preliminary matters like bail • CC = sum up for jury, sentence if appropriate

Answer 42

review hearing at first instance - decide whether law was correctly applies, etc leave to appeal - decide whether it should be granted can change decision made or revise the order/award decide points of law in important cases clarify or amend the law - eg Pepper v Hart judicial review - under the HRA 1998 3 or more judges make decisions together

Answer 43

unrepresentative elitist women and ethnic minorities independent

Answer 44

judges tend to be older, upper-class, white males and are therefore unrepresentative of the society they serve maybe out of touch with the people they deal with or able to empathise with them, could lead to bias and unfairness in the criminal justice system HOWEVER, changes have been made to the selection and training processes to address this criticism Tribunals, Courts and Enforcement Act 2007 — allows Fellows of CILEx to become eligible for judicial appointment, enables a wider range of people to become judges which should have an impact on the cross-section of the judiciary Crime and Courts Act 2013 — if two candidates of equal merit are up for appointment to the SC, one can be chosen to improve diversity

Answer 45

the judiciary is sometimes criticised for being elitist 80% of judges have been educated at private schools and have then gone on to acquire degrees from Oxford or Cambridge, this is especially true of superior judges gives criticism that the judiciary is only accessible for those with private education backgrounds from wealthy families

Answer 46

there has been a significant increase in the number of female judges and judges of BME backgrounds particularly at lower levels judiciary is becoming more diverse and representative in 2016, 25% of circuit judges were female, there were 3 BME High Court judges and 17 circuit judges in 2017 Lady Hale was appointed as the first female President of the Supreme Court (the highest judge in the land)

Answer 47

independent which means it is free from political influence and not subject to government for example, under the Act of Settlement 1701 senior judges cannot be removed by the government, only by the monarch following a petition by the Houses of Parliament free to do their job without fear of potential repercussions or government control, allows the judiciary to provide crucial checks and balances on the executive and legislature

Answer 48

Montesquieu First proposed the theory of separation of powers... * there are three primary functions of state * the three functions must be kept separate to safeguard the liberty of citizens (some countries such as the US have a written constitution that embodies this theory)

Answer 49

* legislature — makes laws (parliament) * executive — puts laws into effect and administers the nations affairs (government = PM, cabinet + government departments) * judiciary — interprets and enforces the law (judges)

Answer 50

without separate bodies exercising separate powers, too much power lies with too few people which can lead to tyranny and dictatorship the separate bodies also provide checks and balances on each other to prevent this

Answer 51

judges used to sit in the House of Lords (which is part of the legislature) until the Supreme Court was formed under the Constitutional Reform Act 2005 to separate the judiciary and legislature existing overlap between executive and legislature — ministers form the government (executive) but also sit in Parliament (legislature) and are active in the law making process overlap between judiciary and other bodies — Lord Chancellor used to sit in the Lords and was head of the judiciary but now.... * no longer a judge or head of judiciary * not central in judicial appointments (the JAC has taken this role) * not automatically speaker in the Lords * remains as head of Ministry of Justice * Crime and Courts Act 2013 — Lord Chief Justice now appoints inferior judges, not LC (reduces political influence and potential bias)

Answer 52

allows the judiciary to carry out checks and balances on the government while being free from political influence important in protecting the liberty of individuals from abuse of power by the executive otherwise an opponent to the government hold be imprisoned without reasonable cause

Answer 53

security of tenure immunity from suit executive legislature case independence

Answer 54

under Act of Settlement 1701, senior judges cannot be removed by the government (only by the monarch following a petition by the Houses of Parliament) inferior judges can only be dismissed for incapacity or misbehaviour judges are free from outside political influence and not subject to government control

Answer 55

judges cannot be sued for actions taken or decisions made in the course of judicial duties free to do their jobs without fear of potential legal repercussions

Answer 56

s.3 of Constitutional Reform Act 2005 — government ministers have a legal duty to uphold independence of the judiciary and cannot influence judicial decisions JAC keeps judiciary and executive separate because they appoint judges openly and transparently, the Lord Chancellor is not longer central in the appointment process and no longer sits as a judge Crime and Courts Act 2013 reinforces independence as Lord Chancellor no longer appoints inferior judges, the Lord Chief Justice does

Answer 57

full time judges cannot be members of the Commons judges have to apply laws even if they disagree due to parliamentary sovereignty supreme court was created to separate the two bodies, SC Justices are no longer allowed to be members of the Lords both the executive and legislature must accept judicial law making, decisions from the SC and quashed decisions in judicial review

Answer 58

judges must be unbiased and unconnected with the case the public have confidence in the legal system and that judges should decide cases solely in evidence presented in court, should not be influenced politically or by the media Pinochet case - one of the judges was a director of Amnesty International who were trying to extradite Pinochet, so decision made was set aside

Answer 59

an independent judiciary is important in protecting the liberty of the individual from abuse of power by the executive otherwise, an opponent of the government could be imprisoned without reasonable cause SUPREME COURT — created to deal with the overlap between the judiciary and executive, supreme court justices are no longer allowed to be members of the lords reform of the role of lord chancellor crime and courts act 2013 public confidence in the system legislative and executive accept judicial law making