Legal personnel Flashcards
HOW ARE LEGAL PERSONNEL REGULATED? BSB?
Independent Bar Standards Board. It sets out training and entry standards, sets out a code of conduct which barristers should comply with. Investigates alleged breach of conduct and can discipline any who is in breach of the Code.
WHAT HAPPENS IF THE CASE IS SERIOUS? DT?
If the matter is serious then it can be referred to an independent disciplinary tribunal. They can:
a. reprimand the barrister,
b. impose a fine of up to £50,000,
c. suspend the barrister for a specific time; and
d. in serious cases disbar the barrister
INDEPENDENT SOLICITORS REGULATORY AUTHORITY?
Sets out a code of conduct and deals with complaints about professional misconduct of solicitors.
WHAT HAPPENS IF THE CASE IS SERIOUS? SDT?
The SRA will investigate and if theres evidence of serious professional misconduct they will put the case before Solicitors Disciplinary Tribunal which can then:
a. reprimand,
b. impose an unlimited fine,
c. strike off
CILEx?
Chartered Institute of Legal Executives sets out a code of conduct. It is an independent regulator and investigates complaints about legal executives. The matter is put to the Professional Conduct Panel. Serious matters are referred to the Disciplinary Tribunal, who can:
a. reprimand,
b. fine- £100,000,
c. exclude the legal executive from membership of CILEx so they can’t practice.
LEGAL OMBUDSMAN?
The legal ombudsman deals with complaints against the handling of complaints by the BSB, SRA and CILEx Regulation Board. They can refund or reduce the legal fees or pay compensation.
