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Criminal Law - Paper 1 > Legal Personnel > Flashcards

Legal Personnel Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

How many barristers are self employed?

A

12,700

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2
Q

Where do self employed barristers work from?

A

A set of chambers

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3
Q

What do clerks do?

A

Allocate work to the barristers and negotiate fees

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4
Q

What is advocacy?

A

Presenting cases in court

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5
Q

What rights of advocacy do barristers have?

A

Full rights of audience, they can present cases in any court in England and Wales on behalf of another person

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6
Q

Which specialised areas of law rarely require attendance at court?

A

Tax and company law

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7
Q

What does paperwork include for barristers?

A
  • writing opinions on cases
  • giving advice
  • draft documents for use in court
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8
Q

What is not allowed for family cases or criminal cases?

A

Direct access

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9
Q

What is direct access?

A

When you don’t have to go to a solicitor first in order to get a barrister

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10
Q

What must a barrister do to do direct access work?

A

Additional training

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11
Q

How many barristers are employed by central and local government, the Civil Service, private businesses and the CPS?

A

3000

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12
Q

What rights of audience do employed barristers have?

A

Full rights of audience

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13
Q

When is it possible for a junior barrister to apply to be a Queen’s Counsel?

A

After 10 years of being a junior barrister

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14
Q

What percentage of barristers are Queen’s Counsel?

A

10%

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15
Q

What do Queen’s Counsel barristers do?

A
  • take on more complicated and high profile cases

* command higher fees for their recognised expertise

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16
Q

How many solicitors are in private practice?

A

90,000

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17
Q

How many solicitors are in employed work?

A

40,000

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18
Q

What will a small high street firm solicitor do?

A

Advise clients Ona range of topics including consumer problems, housing and business matters and family problems

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19
Q

What will a large city firm solicitor do?

A

Concentrate on commercial and tax work

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20
Q

What does paperwork include for a solicitor?

A
  • conveyancing
  • drawing up wills
  • contracts
  • give legal advice
  • may act for clients in court
21
Q

What are the rights of audience for a solicitor?

A

Rights of audience in the Magistrates Court and the County Court, those with sufficient experience of advocacy can obtain a higher courts advocacy qualification after passing assessments

22
Q

When necessary to go to court what will a solicitor do?

A

Brief a barrister to do the case and the solicitor will do the preparatory work

23
Q

How many legal executives are employed in solicitors firms as assistants?

A

20,000

24
Q

What do legal executives do?

A
  • draft wills
  • advise people with matrimonial problems
  • advise clients accused of crime •prepare leases
25
Q

What rights of audience do legal executives have?

A

Some rights of audience, they can make applications where the case is not defended in family matters and civil cases. They can do a course on advocacy to gain rights of audience in Youth Court and Magistrates Court

26
Q

Who are responsible for the legal executives work?

A

The partners of the firm

27
Q

What does the Legal Services Act 2007 allow?

A

Up to 25% of partners in a firm can be non-lawyers

28
Q

What does regulation help do?

A

Protect the public and ensure that legal personnel behave in an appropriate way

29
Q

What are all bodies overseen by?

A

Legal Services Board

30
Q

What does the Legal Services Board aim to do?

A

Bring consistency and clarity to the regulation of lawyers, with a sharp focus on the interests of the consumers of legal services

31
Q

Who represents the interests of barristers?

A

The General Council of the Bar

32
Q

Why was the Bar Standards Board set up?

A

Because The General Counsel of the Bar used to represent barristers and deal with complaints about them so there was conflict

33
Q

What does the Bar Standards Board do?

A
  • Regulates the profession of barristers •sets out training, entry standards and a code of conduct
  • investigates any alleged breach of the code of conduct
  • discipline any barrister who breaches it
34
Q

If the breach of the code of conduct is serious what will the Bar Standards Board do?

A 
Refer the barrister to a Disciplinary Tribunal which can
•reprimand 
•fine
•suspend
•disbar
35
Q

If the complainant is unhappy with the decision of the Bar Standards Board where can they go?

A

Legal Ombudsman

36
Q

Who represent the interests of solicitors?

A

The Law Society

37
Q

Why was the Solicitors Regulation Authority set up?

A

Because The Law Society used to represent the interests of solicitors and deal with complaints about them so there was conflict

38
Q

What does the Solicitors Regulation Authority do?

A
  • sets out a code of conduct

* deals with complaints about professional misconduct of solicitors

39
Q

If the breach of the code of conduct is serious where will it go?

A

Solicitors Disciplinary Tribunal

40
Q

What can a Solicitors Disciplinary Tribunal do?

A
  • reprimand
  • fine
  • suspend
  • strike off
41
Q

If the complainant is unhappy with the decision of the Solicitors Regulation Authority where can they go?

A

Legal Ombudsman

42
Q

Who represents the interests of legal executives?

A

The Chartered Institute of Legal Executives

43
Q

What does The Chartered Institute of Legal Executives Regulation Board do?

A

Set out a code of conduct and deals with complaints

44
Q

What happens with complaints about legal executives?

A

It’s put to the Professional Conduct Panel for consideration

45
Q

Where will a serious complaint about a legal executive go?

A

Disciplinary Tribunal

46
Q

What do the Legal Ombudsman do?

A

Deal with complaints against the handling of complaints

47
Q

What can the Legal Ombudsman order the legal professional to do?

A
  • apologise
  • give back any documents
  • put things right
  • refund or reduce legal fees
  • pay compensation
48
Q

What are the complaints made to the Legal Ombudsman about?

A

Excessive legal fees, deficient information, delay, failure to follow instructions, failure to keep the client informed

Criminal Law - Paper 1 (12 decks)

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