Legal Personnel

Question 1

Two types of lawyers

Answer 1

Barrister and solicitor

Question 2

How many barristers are there in the UK

Answer 2

12,700 who are self employed and 3000 who are employed by people like CPS, independent businesses,local governments and civil service

Question 3

What are barristers collectively known as as what are they controlled by

Answer 3

The bar and controlled by general council of the bar. All are members of one of the four inns of court: Lincoln’s inn, middle temple, inner temple and grays inn, all situated near royal courts of justice in London.

Question 4

What do you need to take if you don’t get a law degree

Answer 4

The Graduate Diploma in Law or Common professional examination in order to qualify as a barrister

Question 5

What is the course all student barristers have to pass and what are the 7 things you study

Answer 5

1. ) Case preparation legal research
2. ) written skills
3. ) opinion writing (written advice)
4. ) drafting docs like claim forms
5. ) conference skills (client interviews)
6. ) negotiation
7. ) advocacy

Question 6

What happens once you’ve passed the Bar professional training course

Answer 6

You’re called to the bar so you’re qualified as a barrister but you still need to get a pupillage

Question 7

What’s a pupillage

Answer 7

An ‘on the job’ type of training where the trainee barrister becomes a pupil to a qualified barrister. Involves work shadowing that barrister and can be with the same barrister for 12 months or 2 different pupil master for 6 months each

Question 8

How small are chambers

Answer 8

About 15-20 barristers so quite small. Employ a clerk as a practice administrator, booking in cases and negotiating fees, and have other support staff.

Question 9

What do the majority of barristers focus on

Answer 9

Advocacy, which is presenting cases in court. Barristers have full rights of audience so can present any case in England and Wales although some specialise in areas like tax or company law.

Question 10

What is direct access

Answer 10

Used to be necessary to go through a solicitor then a barrister and then the solicitor would brief the barrister . Thought to create unnecessary expense so no longer necessary but majority of cases do this. Direct acces work still not allowed for crim cases or family work unless a barrister wants to do additional training

Question 11

What are employed barristers

Answer 11

Can be employed by gov orgs, the civil service, local gov and businesses. Cps employs a large number to prosecute cases in crim courts. Employed and self employed barristers have the same right of audience

Question 12

What is right of audience

Answer 12

Right to present case in court on behalf of another person

Question 13

How many solicitors are in the UK

Answer 13

130k and are controlled by Law society. About 90k are in private practice and rest employed.

Question 14

What do you have to do to become a solicitor

Answer 14

Have a law degree and if not those the GDL and then the legal practice course which focuses on client interviewing, negotiation, advocacy, drafting documents. Training contract then sat for 2 years in a solicitors firm. Once complete he will be an admitted solicitor by law society

Question 15

What is the role of solicitors

Answer 15

Majority work in a private firm, some work in cps or other local gov department. About 9500 solicitor firms. Usually will advise clients, write letters on behalf of clients, draw up wills, deal with conveyancing (drafting up legal sides of buying n selling houses etc) sometimes allows to advocate

Question 16

Do solicitors specialise

Answer 16

Yes and no, some do and some do a variety of work. Large firms tend to focus on business and commercial law.

Question 17

Define conveyancing

Answer 17

Prior to 1985 solicitors has monopoly but changed by Admin of Jus Act 1985 which allowed others to conveyance, which led to loss of earning and led to demand of wider advocacy rights.

Question 18

Do solicitors always brief barristers

Answer 18

Sometimes, they may also ask a barrister for their opinion on the case

Question 19

Do solicitors have the right of advocacy

Answer 19

Yes but used to be limited until Courts and Legal services Act 1990. Solicitors have right to apply for certificate of advocacy which enables them to appear in high courts. Granted if already has advocacy experience in mags and county, takes a short training course and passes exams on rules of evidence

Question 20

Give some examples of the overlap of barristers and solicitors

Answer 20

Same right to advocacy if wanted although 1/200 solicitors have that.
Don’t have to go directly to a solicitor if barristers need briefing. Since 2004 civil dispute can go straight to barrister who will then do prep work like writing letters n stuff which only a solicitor could use to do but only applies in civil cases
ABS- alternative business structure. Legal services act 2007 allows legal businesses to include lawyers and non lawyers, legal businesses to include barristers and solicitors, non lawyers to own legal businesses and legal businesses to operate as companies. To set up an ABS a licence must be applied for. First three licenses in April 2012. (2 high street solicitor firms who wanted a non lawyer practice manager) and the third to the Coperative society a big business with nationwide shops

Question 21

What is the queens counsel

Answer 21

Been barristers for 10 years and then do more complicated cases. If a solicitor with advocacy then they can apply after ten years and then allowed to do harder cases

Question 22

What are legal executives

Answer 22

Work in sol firms as assistants. Qualified lawyers who have passed institute of legal executives professional qualification in law. Specialise in specific area of law with 20k+ practising

Question 23

How do you train to be a legal executive

Answer 23

Need the professional diploma in law and professional higher diploma in law: also had to work in sol firm for at least five years, and then can become Fellow of the Chartered Institute of Legal execs. Can be a sol but will need to do LPC and training contract

Question 24

What’s the role of legal executives

Answer 24

Specialise in that particular area of law. Day to day work more like a solicitor ie draft wills, advice clients with matrimony issues or serious or petty crime accusals or handle legal aspects of property transfer
Some rights of audience, can appear to make applications where case isn’t defended in family matters and civil cases in county court. Since 2008 can do a course of advocacy and obtain wider rights of audience. Three different practicing certificates (civil proceedings, crim proceedings or family proceedings) allow legal execs to do such matters as make an application for bail or deal with youth courts or family court in mags. Earn a fee, hourly rate

Question 25

What are the two barristers regulatory bodies

Answer 25

General council of the bar, makes bars view on certain things like legal aid known to gov. Promotes fair justice to all, high standard of ethics, equality and diversity across profession and development of business opportunities for barristers at home or abroad. Used to be responsible for disciplining barristers who has breached something but conflict so set up bar standards board

Bar standards board: regulates profession of barristers. Sets training and enter standards. Sets out code of conduct which barristers should comply with. Investigates and disciplines any potential breach of contract. Serious then referred to by Disciplinary tribunal arranged by an independent bar tribunals and adjudication service. Tribunal has several imposable sanctions like 
• reprimand (official warning)
•further training 
•pay a fine up to £50k
•suspend for up to  12 months
•disbar

Question 26

What are the two bodies that govern solicitors

Answer 26

Law society: supported sol for almost 200 years. Leads the debate on issues affecting sol. Speaks to gov parl and public on range of legal issues and works to influence policy and legislation to make sure it protects its members, public and Jus system. Makes sure professions voice heard by gov, industry and international jurisdictions. Raise profile through campaigns and networking. Used to hear complaints which conflicted with helping solicitors and helping those who complained so set up solicitors regulatory

Solicitors regulatory: deals with complaints about sol. Will investigate and if there’s evidence of serious misconduct then can go before Solicitors Disciplinary tribunal and if complaint upheld then fine or suspensions from Roll so can’t practice. Serious cases can get struck off Roll so can’t practice again

Question 27

2 bodies governing legal execs

Answer 27

Chartered legal institution of executives (CILEx)publishes code of conduct and guides to good practice but regulation of members done by CILEx regulation board

CILEx regulation board: investigates complaints about legal executives. When complete a summary of issues is prepared and matter put to professional conduct panel for consideration. Panel will decide if there’s been any misconduct. If not then will reject the complaint if there has they may reprimand or warn a member and will refer serious issues to disciplinary tribunal where it can exclude a person from membership or reprimand/warn the member. Tribunal can order legal exec to pay fine up to £3k and costs

Question 28

What is the legal ombudsman

Answer 28

Set up by office for legal complaints to deal with complaints about those in legal profession. Deals with complaintss against handling of complaints by Bar Standards board, solicitors reg authority and CILEx reg board. Can order legal profession who was complained about to:
•apologise
•give back any documents needed
•put things right if more work can correct where it went wrong
•refund or reduce legal fees
• pay compensation of up to £30k
Main complaints include excessive costs, deficient info on costs, delay, failure to follow instructions and failure to keep in formed