legal professionals Flashcards
ROLE OF SOLICITORS:
- Solicitors work is likely to be office based & involves interviewing clients, advising on a range of legal topics
- They prepare cases for Barristers in Criminal Law.
- Solicitors give advice to clients when they meet them
-they hold case conferences - they draft & prepare documents for court (or for barristers in areas like crime)
- they negotiate settlements
- they do legal research
- they give opinions on cases
- in court they present arguments & cross examine the parties.
- They meet with barristers to discuss indictable criminal cases
in civil cases, solicitors…
• Collect evidence both oral & documentary
• Prepare & issue court papers
• They support a barister throughout the case
•they instruct barristers
• Carry out advocacy - usually this is in the County Court
In criminal cases solicitors…
- meet clients that are arrested in the police station & they advise them (could be funded by legal aid) & sit in on interviews.
- In less serious criminal cases a client may receive a summons & they too might need a solicitor.
The solicitor will obtain details of the prosecution case (known as disclosure).
- If a case is summary or triable either way, the solicitor can carry on the advocacy but if it is indictable & more serious the solicitor will brief the barrister and prepare the file.
ROLE OF BARRISTERS…
- Most barristers concentrate on advocacy i.e prosecuting or defending in court but they also write opinions called counsel’s opinion
- they also give advice & draft documents for use in court.
- They have RIGHTS of AUDIENCE in all the courts.
- Some also operate the cab rank rule which means that they must accept any work if it is on the area of law they deal with & are free to take the case.
- As well as barristers giving advice to clients when they meet them
- they also hold case conferences
- they negotiate settlements
- they do legal research
- they present arguments
- cross examine the parties in court.
- They meet solicitors to discuss criminal cases
A barrister owes a duty of confidentiality to a client but also owes a duty to the court. This means that…
• A barrister must not mislead a court or judge or waste a court’s time
• A barrister needs to make sure the court has all the relevant information it needs even if it weakens the client case
• but it does not require them to breach their duty of confidentiality to their client. This means that if a client confesses his guilt to the barrister, they cannot continue to represent the client in a not guilty plea.
When prosecuting the barrister will be instructed by the… THEN…
CPS (crown prosecution service),
Then the barrister will advise on the likely success of the charges that have been brought, and work with the CPS and the police to ensure that there is sufficient evidence available to prove those charges.
When acting for a defendant, a barrister will be instructed by…
a solicitor who has seen a defendant from the outset.
- The barrister will advise on the strength of the prosecution evidence & any weaknesses in the defence.
- It is the defendant who needs to decide if he pleads guilty or not.
- After a conviction, the barrister can advise on the possibility of an appeal.
Advocacy in civil cases: barristers
In a civil case much of the evidence and the legal arguments will be presented in writing before any court hearing and will usually be drafted by a barrister.
- A barrister may attend meetings to negotiate a settlement.
- In court, the barrister will focus on legal issues & key evidence.
- When liability is decided by a judge, the barrister will argue for an award eg damages, costs.
ROLE OF LEGAL EXECUTIVES…
- Legal executives work in solicitors firms as assistants.
- They are qualified lawyers who have passed the Institute of Legal Executives Professional Qualifications in Law.
- They tend to specialise in a particular area of law.
- They too can be the first contact with clients needing legal advice in straightforward cases.
- Legal Executives provide legal advice to clients.
- They also research & prepare legal documents.
- They deal with some legal matters like wills, probate, conveyancing, divorce, custody cases & criminal matters as often these are quite straightforward.
- They can attend court to assist with the presentation of cases & their work is to act as a support to solicitors.
- After Legal executives complete their advocacy course, legal executives can obtain wider rights of audience in the Magistrates court, County court.
Legal Ombudsman -
if a dispute between client & lawyer cannot be resolved between themselves or the relevant regulatory body, then the case could be referred to the Legal Ombudsman.
- This is an independent scheme that resolves complaints about lawyers from clients in a fair & effective way.
