legal profession Flashcards
solicitors - where do they work
work
- Local/high-street law firms
- Regional law firms
- City law firms (Magic circle)
- Sole practitioner
- CPS
- Government
- Legal advisers in commercial/industrial businesses
solicitors - law firms
work
Newly qualified solicitors usually begin as an assistant/associate
solicitor
It is then possible to progress on to become a partner in the firm
Usually start of as a junior/non-equity partner (don’t buy into the firm)
solicitors - typical work
work
Advising and Interviewing clients
Negotiation
Writing letters on behalf of clients
Drafting contracts or other legal documents
Drawing up wills
Conveyancing (legal part of buying land/property)
Advocacy in court
solicitors - specialising
work
Solicitors will often specialise in a particular field of law. Firms also often specialise in certain types of law and may for instance only deal with civil actions rather than criminal cases.
Large city forms tend to focus on business and commercial law
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solicitors - advocacy
work
- Solicitors may brief barristers before a court case
- Solicitors have have rights of audience in the Magistrates’ Court (+ county)
- The Courts and Legal Services Act (1990) changed the law and allowed solicitors to apply for a certificate of advocacy which grants them rights of audience in higher courts – involves past experience, a short training course and examinations.
name the 4 solicitor regulations
law society
solicitors regulation authority
complaint against solicitors
suing your solicitor
describe solicitors - regulation
Law Society
- governing body for solicitors
- all practising solicitors MUST be a member of the Law Society
- supports the interests of solicitors
- liaises with the Government on matters affecting solicitors
Solicitors Regulation Authority
- deals with complaints about solicitors
- Investigates misconduct and puts serious cases to the Solicitors
Disciplinary Tribunal
- Tribunal can fine, reprimand or strike off a solicitor from the roll.
Complaints against Solicitors
- Clients should first go through a solicitor’s firm’s complaint process
- They can then complain to the Solicitors Regulation Authority
Suing your solicitor
- It is possible to sue your solicitor for ‘breach of contract’
- Griffiths v Dawson – solicitor failed to make the correct application in divorce proceedings. Solicitors had to pay her £21,000
- Hall v Simons (2000) – solicitors can also be sued for negligence
during advocacy – if they mess things up in court essentially
barristers - where do they work
work
Most are self-employed (80%)
Operate from a ‘Chambers’ – shared offices (shared administrative expenses) – typically 15-20 barristers
Employ a clerk to book cases and negotiate fees etc with other support staff
Other 20% work for CPS, the government or in business/industry
barristers - typical work
- Advocacy
- Writing opinions
- Client interviewing and advice
- Drafting documents
- Negotiation
- Legal Research and case preparation
describe direct access and kings counsel also
barristers - direct access
- Clients can now instruct a barrister directly for civil cases (called direct access, not allowed for criminal or family)
- Requires additional training to do
king’s counsel
- After ten years, a barrister or a solicitor can apply to become a King’s Counsel, known as ‘taking silk’.
- They usually take on more complicated cases and command higher fees
- 2004 new system for appointment was agreed – made by an independent selection panel
- Must make an application and interview. Those who are recommended by the panel are then appointed by the Lord Chancellor
name the 4 barrister regulations
general council of the bar
bar standards board
complaints against a barrister
suing your barrister
describe barristers - Regulation
General Council of the Bar
- represents barristers, promotes the Bar
- Essentially a trade-union
- Liaises with the Government on matters affecting barristers
Bar Standards Board
- regulates the profession and investigates barristers who have allegedly breached the code of practice
- can refer cases to a disciplinary tribunal if appropriate
- this tribunal can reprimand, fine, suspend or disbar the barrister
Complaints against a barrister
- Complaints should be made at first though the Chambers in which a barrister operates
- Complaints can then go to the Bar Standards Board
Suing your barrister
- Can sue for negligence in written advice/opinions – Saif Ali v Sydney
Mitchell and Co – barrister gave the wrong advice about who to sue
- Hall v Simons – can be sued for negligent advocacy in court
legal executives - typical work
Handle legal aspects of a property transfer
Draft wills
Advise on matrimonial problems
Advise clients accused of serious and minor crimes
Automatic Rights of audience – County Court only
Since 2008 can do an advocacy course which can
grant them rights of audience in
Youth/Family/Magistrates’ Courts
Charge an hourly rate to clients
legal executives regulation
Chartered Institute of Legal Executives (CILEX)
– represents legal executives and publishes a code of conduct
CILEX Regulation Board
– investigates legal executives for misconduct and can forward cases to a professional Conduct panel – can fine, reprimand or strike off
