Legal Professionals Flashcards
How may practicing Solicitors are there
136000
How many practicing Barristers are there?
15,000
Role of Solicitors (8)
1.Can work as a sole practitioner or in a partnership
2.Majority will work in a private social actors firm but may work for CPS
3.Main role is to advise clients E.g Business,Criminal,family and housing
4.Large amount of time is advising clients
5.Negotiate in clients behalf
6.Large amount of paperwork involved
7.Firms can specialise in one area of law.Large city firms often specialize in business and commercial
8.Advocate in lower courts magistrates or county
9.Organise a barrister for client if it goes to crown or higher
10.Some have higher rights of audience COURTS AND LEGAL SERVICES ACT 1990 give right to apply for certificate of advocacy They can apply for Queens Counsel
Complaints against Solicitors (8)
1.Governed by the law society
2.Regulated by Solicitors regulatory authority
3.SRA Set standards for qualifying,monitors performance,handles complaints and has compensation funds for those who lost money due to a dishonest Solicator
4.There contracted therefore can be sued for breach of contract visa versa
5.Can be sued for negligence White V Jones
6.Complaint should be made to solicitors firm first
7.If it is not resolved moves to SRA
8.SRA will investigate the misconduct and may put the case before Solicators Disiplinary Tribunal
9.SRA can suspend or strike off a solicitor from the roll
10. I’m complainant is inhale with SRA goes to legal ombudsman Can make them apologies to clienent,give back documents refund fees or pay compensation of up to £30,000
Role of barristers (8)
1.Those working at the Bar are self employed and practice out of chambers
2.Concentrate on advocacy-Presenting cases in Court
3.Full rights of audience-Can present cases in all courts
4.some specialize in areas such as tax and company law
5.Write Opinions on cases
6.Give legal advice on merits of a case -Counsels opinion
7.Draft documents for court
8.Direct access for civil cases if they’ve add additional training
9.May be employed by government organizations or the CPS
10.After ten years can apply for Queens Counsel or take on Complex cases
Complaints against Barristers (8)
1.Governed by Bar Council
2.Regulated by Bar Standards Board
3.BSB set code of conduct training monitor service and handles complaints
4.Don’t enter contract therefore cannot be sued for breach of contract
5.Can be sued for negligence in the conduct of advocacy Hall v Simons
6.Complaints are made to the chambers
7.Not resolved complain to BSB
8.BSB can fine barristers up to £50,000
9.BSB can suspend a Bareister for up to 12 months or dispar them
10.If complaint unhappy with BSB refer to legal ombudsman
Make them apologize give back documents refund fees or compensation up to £30,000