Legal professionals- ELS (1) Flashcards
Where do solicitors work
in private practices
some can work for the CPS
whats the role of a solicitor
give legal advice to clients
negotiation
drafting legal documents
writing letters
interviewing clients
advocacy work in court
what does advocacy mean
representing a client in a courtroom. It is standing up in court and arguing their client’s side and questioning witnesses.
solicitors and barristers can become kings counsel if..
have a certificate of Advocacy and minimum of 10 years practice
what is the regulation of a solicitor
- The solicitor regulation authority (SRA) regulates the solicitors profession. They also investigate the complaints and allegations of misconduct.
- The office for legal complaints will investigate complaints about the complaint process
- cases can be referred further to the Legal Ombudsman.
What is the role of barristers
The main role is advocacy in court- representing the client in a case
They also; give legal advice, write opinions on cases, hold case conferences, and draft documents to use in court
Where do barristers work
self employed and work in Chambers
some work for the CPS
What is the cab rank rule
if they are free they can not turn down a case on the area of law that they work in.
This means justice for all
what is the regulation of barristers
- the bar standards board regulates, they will set standards of behaviour for them. They also investigate and take action when these standards are not being met
- The office for legal complaints will investigate complaints about the complaint process
- cases can be referred further to the legal ombudsman
What are rights of audience?
Permission to advocate in court
In which court have solicitors always had rights of audience?
magistrates
What is a certificate of advocacy?
A certificate which grants solicitors rights of audience in higher courts
What percentage of barristers are self employed?
80%
What percentage of barristers work for the CPS, gov or businesses?
20%
What is meant by direct access?
Previously, the client did not have direct access to the barrister (still don’t in criminal or family cases) but they do in civil.
What do legal executives do?
advise clients and explain legal matters.
working with solicitors
research and prepare cases
deal with legal matters- like divorce
attend to court
What does CILEX stand for?
Chartered Institute of Legal Executives
What does CILEX do?
Regulate legal executives and set out a code of conduct
What does the CILEX regulation board do?
Investigate misconduct from legal executives and refer serious cases to a professional conduct panel
What does the legal ombudsman do?
deal with complaints against the handling of complaints by the CILEx regulatory board
What can the legal ombudsman order a legal professional to do?
Apologise, refund/reduce fees or compensate (up to £30,000)
