Legal Profession

Question 1

How many solicitors are in England and Wales and what professional body do they belong to?

Answer 1

130,000 solicitors belong to the Law Society.

Question 2

What kind of work do solicitors do?

Answer 2

Write letters on behalf of clients, advise clients on legal issues and draft contracts or other legal documents.

Question 3

Under s.66 Courts and Legal Services Act 1990 what can solicitors do?

Answer 3

They can form partnerships with other professions such as accountants for example.

Question 4

What act allows Alternative Business Structures for solicitors?

Answer 4

Legal Services Act 2007.

Question 5

What act gave solicitors rights of advocacy in higher courts for the first time?

Answer 5

Courts and Legal Services Act 1990.

Question 6

How did the Access to Justice Act 1999 change rights of advocacy for solicitors?

Answer 6

Solicitors could be given full rights of audience. Since 2015, a new system of accreditation has been used.

Question 7

How does the 2015 system of accreditation work for solicitors?

Answer 7

Level 1 allows advocacy in Magistrates Court and some limited Crown Court work. To achieve level 2 solicitors must be assessed at an assessment center and if successful they will be able to progress to higher levels by further assessment.

Question 8

How would a law graduate become a solicitor?

Answer 8

A-levels - Degree in law - Legal Practice Course - Training Contract - Professional Skills Course - Admission to the role.

Question 9

How would a non-law graduate become a solicitor?

Answer 9

A-levels - Degree in law - Graduate Diploma in Law - Legal Practice Course - Training Contract - Professional Skills Course - Admission to the role.

Question 10

How would a non-graduate become a solicitor?

Answer 10

GCSEs - Enter legal profession - ILEX part 1 - ILEX part 2 - 2 years legal experience - Legal Practice Course - Professional Skills Course - Admission to the role.

Question 11

What are criticisms of the training for a solicitor?

Answer 11

It is very expensive as the LPC is about £12,000. There is an over-supply of law graduates as universities create too many place. The GDL has been criticised for being too superficial as it is only one year.

Question 12

What are the three cases for complaints against solicitors?

Answer 12

Griffiths v Dawson, White v Jones and Hall v Simons.

Question 13

What is the principle from Griffiths v Dawson?

Answer 13

A solicitor owes their client a duty of care and so a client can sue the solicitor for negligent work either in or out of court.

Question 14

What is the principle from White v Jones?

Answer 14

The duty of care is also owed to other people who could foreseeably be affected by the solicitor’s negligent work. E.g. in this case a father died before a solicitor completed his will and the daughters were able to sue.

Question 15

What is the principle from Hall v Simons?

Answer 15

Solicitors can also be sued for negligent work in court when acting as an advocate.

Question 16

Who regulates solicitors?

Answer 16

The Solicitors Regulation Authority who have the power to fine, close a firm, issue a written reprimand or suspend or strike off a solicitor from the Roll.

Question 17

What did the Legal Services Act 2007 create when it came fully into force in 2010?

Answer 17

The Office for Legal Complaints which deals with complaints about both solicitors and barristers.

Question 18

The Office for Legal Complaints also set up what in 2010?

Answer 18

The Legal Ombudsman.

Question 19

What does the Legal Ombudsman have the power to make legal professionals do?

Answer 19

Apologise to their client, put things right if additional work can correct the problem, refund or reduce any legal fees, pay compensation up to £30,000.

Question 20

What is the Cab Rank Rule?

Answer 20

Barristers cannot turn down a case if it is on an area of law they normally deal with and they are free to take the case. However, where a client directly approaches a barrister the rule doesn’t apply.

Question 21

How would a law graduate become a barrister?

Answer 21

A-levels - degree in law - Bar Professional Training Course - First Six Months Pupillage - Second Six Months Pupillage - Practice as a barrister.

Question 22

How would a non-law graduate become a barrister?

Answer 22

A-levels - degree in law - Graduate Diploma in Law - Bar Professional Training Course - First Six Months Pupillage - Second Six Months Pupillage - Practice as a barrister.

Question 23

What are criticisms of training for barristers?

Answer 23

The cost as BPTC is around £13,000. Pupillages are difficult to find as they are extremely competitive. Finding tenancy is extremely difficult to find.

Question 24

What is the difference between a Junior Barrister and a Queens Counsel?

Answer 24

After about 10 years practice a barrister may apply to become a QC. This means they are offered higher paid cases and have to do less preliminary paper work. A solicitor may also become a QC.

Question 25

Who regulates barristers?

Answer 25

The Bar Standards Board. If a complainant is unhappy with the decision from the board they may take it to the Legal Ombudsman.

Question 26

What are the arguments for fusion of roles in the UK?

Answer 26

Reduced costs as only one lawyer needed not two, more efficient as only one person working on case so less duplication, more continuity with client.

Question 27

What are the arguments against fusion of roles in UK?

Answer 27

Possible decline in area of specialism especially with advocacy, loss of the independent Bar, a barrister provides a second opinion and the Cab Rank Rule would be lost which could result in people not being represented.