Legal personnel - Roles

Question 1

Barrister- AO1

Answer 1

-About 16,000 working barristers
-Referred to as the bar
-Must be a member of 1 of 4 chambers
-usually self employed
-Owes confidentiality to client
-Must not mislead court or waste time
-Have full rights of audience
-Specialise in either prosecution or defence

Question 2

Prosecuting barrister

Answer 2

-Instructed by CPS
-Advises on charges that may be brought
-works with police and CPS to ensure sufficient evidence is present

Question 3

Defending barrister

Answer 3

-Instructed by a solicitor
-Barrister advises on strength of P evidence and weakness in D
-May advise on possible appeal

Question 4

Civil cases - Barristers

Answer 4

-May attend meetings to negotiate
-Barrister from successful party argues for an award, usually compensation
-May advise on possibility of appeal

Question 5

Direct access

Answer 5

-Public can access barrister without solicitor through Bar Council Direct Access Portal
-Barrister must have completed extra training to carry put direct access work

Question 6

Cab rank rule

Answer 6

-Cannot turn down a case if in area of law they work in
-Does not apply in direct access

Question 7

Employed barristers

Answer 7

-Can be employed by gov, civil service or business
-Have same rights of audience as self employed

Question 8

Queens council

Answer 8

-After 10 years, can apply to become a QC
-10% of bar are QC
-Takes on more high profile cases
-Can command higher fees
-Assisted by junior barristers

Question 8

Queens council

Answer 8

-After 10 years, can apply to become a QC
-10% of bar are QC
-Takes on more high profile cases
-Can command higher fees
-Assisted by junior barristers

Question 9

How to become part of QC

Answer 9

-Pay a fee and apply
-Provide references
-Be interviews by independent selection panel

Question 10

Solicitors AO1

Answer 10

-149,000 practicing solicitors
-Solicitors for CPS works for local authority or GOV
-Solicitors in private practice will work in a partnership

Question 11

Work done by solicitor

Answer 11

-Conveyancing
-Making of wills
-Consumer problems
-Business matters
-Personal injury claims
-Family matters

Question 12

Civil cases - Solicitors

Answer 12

-Usually first course of legal advice
-Collects evidence
-Prepare court papers
-Carry out advocacy
-Instruct barrister on case
-Support barrister throughout case

Question 13

Criminal cases - Solicitor

Answer 13

-May initially meet client in Police station
-charges pressed - obtain details of prosecution case and advise client
-if case is summary or either way in M court then may advocate
-if more serious case will advise barrister

Question 14

Advocacy

Answer 14

-Rights of audience in lower courts
-Those who wish to advocate in higher court must complete advocacy qualification

Question 15

Legal Executives AO1

Answer 15

-Work for solicitors
-May also work for CPS Etc
-Work is charges at hourly rate
-Need to be a fellow of CILEX
-have to have completed 3 years supervised legal experience

Question 15

Role of Legal Executives

Answer 15

-Specialise in specific part of law
-Similar to work of solicitor
-Handle property transfers
-Assist with formation of company
-Draft wills
-Advise matrimonial problems
-Advise clients in Custody

Question 16

Legal executives - Advocacy

Answer 16

-Civil Proceedings Cert- Appearance in county court
-Criminal Proceedings Cert - Allow to make applications for bail or deal with cases in youth court
-Family Proceedings Cert - Allow appearance in Family court of M court