LS3: The personnel of the English Legal System Flashcards
(39 cards)
The legal profession in England and Wales is divided into which 3 branches?
Chartered legal executives
Solicitors
Barristers
Who are Chartered Legal Executives represented and regulated by?
Represented by Chartered Institute of Legal Executives (CILEX) and regulated by CILEX Regulation.
Where do chartered legal executives usually work?
In law firms as partners or employees, directly with clients as fee earners.
In legal departments of companies, local councils, government.
What must CILEX or SRA regulated companies do with client money?
Keep it in a separate account to the firm’s money.
What rights of audience do chartered legal executives have in the civil courts?
Civil litigation:
Once the Civil Litigation Pathway in CPQ is completed, CLEs can represent clients in County and High Court.
Once the additional civil proceeding advocacy course is completed, they can represent clients in:
- Open County Court
- Magistrates’ court
- Tribunal hearings
- Coroner’s Court
What rights of audience do chartered legal executives have in the criminal courts?
With criminal proceedings advocacy skills + Criminal Litigation Pathway in CPQ:
- Magistrates’ Court
- Youth Courts
- Crown court or High Court - chambers hearing for bail applications
- Appeals to the Crown Court or committals for sentencing in the Crown Court
- Coroners’ Courts
What rights of audience do chartered legal executives have in the family court?
On completing additional family proceedings advocacy skills course, CLEs who have completed the Family Litigation Pathway in CPQ can represent clients in Family Court.
How do you qualify as a solicitor?
Solicitors Qualifying Examination (SQE)
1) Degree in any subject
2) SQE1 (legal knowledge)
3) SQE2 (practical legal skills)
4) Qualifying work experience (two years and traditional period of recognised training at a law firm)
5) Admission as a solicitor (added to solicitor’s roll)
Where do solicitors work?
Partnerships (also called firms)
Limited companies
Limited liability partnerships
ABSs, alternative business structures, one-stop shops for services
Large companies
What are the rights of audience for a solicitor?
All solicitors are able to represent their clients in:
○ Magistrates’ Court
○ County Court
○ Family Court
○ Intellectual Property Enterprise Court
○ Tribunals
○ Coroner’s Courts (which determine the cause of a person’s death)
Solicitors specialising in litigation may obtain Higher Rights of Audience Qualification and become solicitor advocates. 2 assessments (1 written, 1 practical) need to be completed in civil or criminal advocacy. They cover evidence, procedure and ethics, provided by various institutions.
Solicitor advocates can represent clients in:
○ Crown Court
○ High Court
○ Court of Appeal
○ Supreme Court
What is the main focus for barristers?
Advocacy (representing clients) in the courts.
How do you qualify as a barrister?
5 stages
1) The academic stage (2:1 in law degree, graduate deiploma or mini-pupillage)
2) Admission to an Inn of Court
i. Middle Temple
ii. Inner Temple
iii. Gray’s Inn
iv. Lincoln’s Inn
3) The vocational stage (Bar course before applying to the vocational course at a uni and 12 qualifying stages at their Inn of Court)
4) The Call to the Bar (can call themselves a barrister after this ceremony at Inn of Court)
5) Pupillage (year of pupillage i.e. practical training, under the supervision of an experienced barrister, known as pupil supervisor. 1st 6 months shadowing, 2nd 6 months appear in court.)
What is a barrister’s clerk?
Allocates work and negotiates fees on behalf of barristers.
What is the King’s Counsel?
Experienced barristers can apply for appointment as King’s Counsel (KC). Also referred to as silks, because they wear silk gowns. Non-KCs may be referred to as Juniors in court, even thought they may be very experienced.
What are the rights of audience for a barrister?
Full rights of audience in all the courts of England and Wales.
What kind of judge can a chartered legal executive become?
After judicial-appointment eligibility condition for 5 years can apply to be District Judges and Deputy District Judges.
What is the criteria for a District Judge (and District Judge - Magistrates’ Court) appointment and in which courts can they sit?
Has met the judicial-appointment criteria for 5 years
County Court (replaced by Magistrates’ court for the latter type)
Family Court
What is the criteria for a Recorder appointment and in which courts can they sit?
Has met the judicial-appointment criteria for 7 years
Crown Court
County Court
Family Court
What is the criteria for a Circuit Judge appointment and in which courts can they sit?
Has met the judicial-appointment criteria for 7 years
Or is a Recorder already
Or has served as a District Judge (+ Mag Judge) for 3 years already
Crown, County, Family
What is the criteria for a High Court Judge appointment and in which courts can they sit?
Has met the judicial-appointment criteria for 7 years
Or has served as a Circuit Judge for 2 years
High Court, Divisional Court of the High Court, Crown, Family
What is the criteria for a Lord Justice of Appeal appointment and in which courts can they sit?
Senior judges with lengthy judicial experience
Court of Appeal
Divisional Court of the High Court
What is the criteria for a Justice of the Supreme Court appointment and in which courts can they sit?
Very senior judge with lengthy judicial experience
Supreme Court
What are magistrates also known as?
Justices of the Peace (JPs)
Which qualities must a Magistrate possess?
○ Good character
○ Understanding and communication skills
○ Social awareness
○ Maturity and sound judgement
○ Commitment and reliability
