legal personnel flashcards
who are the 4 legal personnel that we need to know about?
-barristers
-solicitors
-legal executives
-judges
what is the role of a barrister?
-a barrister is a legal adviser who advises clients on legal matters and represents them in court.
-they either defend d or prosecute for cps.
-they are advised by a solicitor who has initially spoken with d
-they help advise d on whether or not to plead guilty, and help decide after the case whether or not to appeal
-have full rights of audience so can represent in any court
why are barristers important in court?
civil cases are largely handled through written evidence/arguments that the barrister has prepared
when can a barrister apply to be a kings council?
after at least 10 years of practicing, and will have references from lawyers and judges who have dealt with the barrister before
what duties do barristers owe to a client and the court?
-client: they owe a duty of confidentiality. Because of confidentiality, if a client admits their guilt to a barrister, the barrister does not have to disclose this, but the barrister cannot represent that client if they plead not guilty, due to the barrister’s duty to the court.
-court: cannot mislead court or waste their time, giving all evidence even if it weakens their case
what is the cab bank rule?
The ‘cab rank rule’ shows that barristers usually cannot turn down a case if it is in their area of expertise and they are available
how are barristers regulated? what is the case that shows this?
-Hall v Simons
-if a barrister was negligent they are not immune to being sued
what is the role of a solicitor?
to advise and represent client in a variety of legal matters
how are solicitors regulated?
- the solicitors regulation society (sra) handles complaints of misconduct
-if the matter is serious then they bring the case to disciplinary tribunal
-if the complaint is upheld, the solicitor can receive a warning/fine/suspension/struck off
what happens if the complainant is unhappy with the decision of sra?
the legal services act 2007 allows them to complain to the legal ombudsman
can solicitors be sued? what case shows this?
-white v jones
-they can be sued
what is the role of a legal executive?
-they advise clients and explain more simple legal matters to them
-assisting solicitors
-preparing documents, drafting emails etc
how to become a legal executive?
-cilex course
-3 years of legal experience
-need a certificate of advocacy
how are legal executives regulated?
-cilex will hand over to professional conduct panel to decide whether there was a breach
-disciplinary tribunal
-can go to legal ombudsman
what are the 6 different types of judges?
-district judges
-recorder
-circuit judges
-high court judges
-lord justice of appeal
-justices of the supreme court
what is the role of a district judge?
-handle both civil and crim in low courts
-in county court they hear low value tort and contract cases
-in mags court they sit alone in place of 3 mags