legal professionals Flashcards
describe the role of a barrister
- majority of a barristers work surrounds advocacy in court, barristers gain full rights of audience after completing their pupillage
- outside the court room they can be found negotiating, writing opinions on cases and drafting documents for court
- they operate under a cab rank rule which means they cannot pick and choose the cases they take on
- barristers are self employed and work in a chambers so they can share administrative expenses and clerks with other barristers
- after 10 years a barrister can apply to become queens council
what are the three main bodies in the regulation of barristers and what are their roles
- representative body= bar council (represents the profession and makes decisions regarding the education and training of barristers, also promotes the view of the profession on important issues to the government)
- regulatory body= bar standards board (provides a code of conduct, regulates and handles complaints against barristers regarding inadequate professional service or misconduct
- complaints=legal ombudsman (complaints about the regulatory bodies go to the legal ombudsman)
where will serious complaints about barristers go to
- a disciplinary tribunal arranged by the bar and tribunals adjudication service
- a tribunal can: make the barrister complete further training, order a fine up to 50k, suspend the barrister or strike of the barrister
what are the powers of the legal ombudsman
-if the ombudsman agrees with the complaint made by a barrister they can 1.apologise 2. refund/ reduce legal fees 3.pay compensation up to 30,000
describe the stages of complaining about a barrister
- write to the chamber and they will investigate the claim 2.if the chamber doesn’t work than you can go to the bar standards board 3. if you are still unhappy then it is possible to sue a barrister under the law of negligence
give an example case when a barrister was sued
the case of sydney mitchell, the barrister gave the wrong advice about who to sue, as a result the claimant was too late to start proceedings against the correct person. A barrister could be sued for negligence in respect of written advice and opinions.
describe the role of a solicitor
- most solicitors qualify and wok in a private solicitors firm, these can range from high street firms to larger commercial sets
- a solicitors work centres the client, often writing letters on behalf of clients, drafting legal documents, drawing up wills and conveyancing. They will also ask barristers to appear in court on behalf of their client
- solicitors only have rights of audience in the magistrates and county court. The courts and legal service act 1990 mean that barristers could have further training to give them rights of audience to all courts, these solicitors are called solicitor advocates.
- solicitors tend to specialise in certain area of the law
- there are associate solicitors (newly qualified) and partners (own part of firm)
what are the three regulatory bodies for solicitors and their roles
- representative body= law society (professional body, training and advice, lobbies the government to promote the legal profession)
- regulatory body= solicitors regulation authority (deasl with complaints about solicitors)
- complaints= complaints about the representative bodies go to the legal ombudsman
explain the process of complaining about a solicitor
- first made to the solicitor’s firm, all firms should have their own complaints system
- then can go to solicitors regulatory authority
- can sue solicitors in the civil courts for breach of contract and negligence
explain a case of a solicitor being complained about
griffiths v dawson, a solicitor was sued for failing to make the correct application in divorce proceedings, the solicitor was ordered to pay compensation to the client
describe the queens council
- after at least ten years of working in law a solicitor or barrister can apply for the queens council
- in 2004 a new system for5 appointment was introduced, lawyers apply to become a QC and must pay a £2,160 fee if successful they must pay 3,600 on appointment. references will be sought and an interview will take place.
give three pros and three cons of the idea for fusion
+cheaper
+quicker
+lots of solicitors already doing advocacy
-higher risk, no second opinion
-should respect tradition
-stressful if one lawyer has to take on both roles
describe the role of legal executives and their rights to audience
- meet wit clients, prepare documents, give advice and in some cases appear in court
- limited rights to audience in the magistrates and county court for some family cases
- can apply for greater rights of audience by completing an advocacy course in either civil, criminal or family cases
describe the regulatory bodies for legal executives
- representative body= chartered institution of legal executives (provides training and development for legal execs, protects the status of the profession)
- regulatory body= chartered institute for legal executives regulation board (investigates complaints about legal execs, a summary of issues regarding the complaint will be put forward to the professional conduct panel for consideration)
- complaints about the regulatory bodies go to the legal ombudsman
where will serious complaints about legal executives be referred to
disciplinary tribunal who can order an exclusion from membership, a warning or a fine up to £3,000
