Legal Personnel

Question 1

What is the most common path to become a solicitor.

Answer 1

1) A levels or equivalent
2) Law Degree
3) Legal Practice Course
4) Two year training period

Question 2

Describe the work of a solicitor?

Answer 2

• Specialising
• Conveyancing
• Advocacy
• Legal Disciplinary Partnerships

Question 3

What is meant by specialising? (Solicitor).

Answer 3

They can either be general practitioners, or specialise in one particular field. E.g. matrimonial cases.

Question 4

What is meant by conveyancing? (Solicitor).

Answer 4

The legal side of transferring houses, buildings and land. They no longer have sole monopoly in this area however.

Question 5

What is meant by advocacy? (Solicitor).

Answer 5

Representing in court. Solicitors are now able to have their case heard in court.

Question 6

What is meant by Legal Disciplinary Partnerships? (Solicitor).

Answer 6

Solicitors are allowed to partner up with other professionals such as accountants in order to provide a smoother service to the client.

Question 7

What is the law society?

Answer 7

Has been the governing body of solicitors for the past 200 years. All solicitors must be members.

Question 8

Who investigates complaints against solicitors?

Answer 8

The Solicitors Regulatory Authority investigates complaints and can refer them to a tribunal. In some circumstances, solicitors can be suspended or even struck off.

Question 9

Describe barristers work?

Answer 9

• All of them work independently and are known as ‘the bar’.
• Controlled by their own professional body- the general council of the Bar.
• Must be members of one of the four ‘Inns of Court’ in London.

Question 10

Explain the training of barristers?

Answer 10

• All must pass the Bar Professional Training Course.
• A 12 month period of ‘pupillage’ follows, after 6 months of shadowing a barrister, they appear in court and conduct their own cases.

Question 11

Describe the barristers workplace?

Answer 11

They work independently and usually work from a set of chambers, where they share offices with 15-20 others.

Question 12

How are barristers chosen/approached for a case?

Answer 12

Can either be directly approached by a client, contacted by a solicitor on behalf of client, or assigned to client if they have no representative.

Question 13

What is the ‘cab rank rule’?

Answer 13

A barrister cannot turn down a case if they are free and if it’s in the area of law that they deal with. (However can turn it down if approached directly).

Question 14

What are the two Regulatory bodies? (Barristers)

Answer 14

• The General Council of the Bar.

- Bar Standards Board.

Question 15

What is the General Council of the Bar?

Answer 15

• Represents the interests of the profession as a whole. Acts as a sort of trade union.
• Promotes fair access to justice for all, as well as business opportunities at home and abroad.

Question 16

What is the Bar Standards Board?

Answer 16

• Regulates professional standards.
• Investigates alleged breeches in codes of conduct.
• Can impose sanctions, including striking off, suspending or fining barristers.

Question 17

What are the disadvantages of the barristers training process?

Answer 17

• Bar Professional Training Course costs around £15,000. Less well-off families cannot afford to take course (explain). Financial problem has increased in terms of uni as well.
• Over supply: there is not enough pupilage places for the number of students who pass training.

Question 18

What are disadvantages of solicitors training process?

Answer 18

• Financially: students will normally have to pay the fees of Legal Practise Course. Less well-off families explanation + uni’s.
• Newly qualified solicitors are competing against legal executives and paralegals for jobs.