Paper 1: Section A - Legal Profession

Question 1

Describe barristers.

Answer 1

• They are self employed

- Work in a set of chambers with around 15-20 other barristers.

Question 2

What does a barristers’ work involve? Involve three examples

Answer 2

CHOOSE FROM -

• Honesty and integrity
• Conference skills
• Rights of audience
• Drafting court documents
• Work on pleadings
• Negotation
• Give counsels opinion / expert advice
• Litigation
• Advocacy

Question 3

3) Define litigation (an example of a barrister’s work

Answer 3

Taking a case to court

Question 4

4) Define advocacy (an example of a barrister’s work)

Answer 4

Arguing a case in court

Question 5

Who governs barristers and what do they do?

Answer 5

General Council of the Bar - Represents barristers in England and Wales and their interests.

Bar Standards Board - Regulates the profession of barristers

Question 6

6) Outline and describe what the General Council of the Bar do.
(8 marks)

Answer 6

Represent the barristers of England and Wales and their interests (1 mark)

• Promotes the Bar’s advocacy and advisory services (1 mark)
• Promote fair access to justice (1 mark)
• Promote the highest standards of ethics, equality and diversity across barristers (1 mark)
• Promote the development of business opportunities for barristers at home or abroad (1 mark)
• They USED to be responsible for disciplining barristers (1 mark) but this conflicted their role, so the Bar Standards Board was created to discipline barristers instead. (1 mark)

Question 7

Why couldn’t the General Council of the Bar discipline barristers and how was this issue resolved? (2 marks)

Answer 7

disciplining barristers conflicted with the Bar’s roles (1 mark) so the Bar Standards Board was created to deal with discipline (1 mark)

Question 8

Outline and describe what the Bar Standards Board do. (8 marks

Answer 8

• They regulate barristers and set training and entry standards. (2 marks)
• They set a Code of Conduct which barristers should comply with. (1 mark)
• If it’s a serious matter, it’ll be referred to a Disciplinary Tribunal. (1 mark)

Question 9

9) List three sanctions a Disciplinary Tribunal can give out

Answer 9

OUT OF THESE:

• Reprimand the barrister
• Making the barrister complete further professional training
• A fine of up to £50,000
• 2 month suspension
• Disbar the barrister (extreme)

Question 10

10) What are the 5 rules of practice for barristers?

Answer 10

1. Can’t form partnerships - Barristers can be employed by local government or the CPS (Crown Prosecution Service)
2. Work in chambers - Shares the office cost with other services.
3. May advertise their services - Barristers need to attract their own business and clients.
4. QC - After 10 yers, barristers can apply for ‘silk’. This is a grant which allows barristers to take on more complicated high profile cases and charge more money.
5. Cat rank principle - The obligation of a barrister is to accept any work in a field which they profess themselves at their usual rates.

Question 11

1) What was held from Arthur Hall vs Simons?

Answer 11

It was held that lawyers could also be liable for negligence in the conduct of advocacy in court

Question 12

Barristers, solicitors and legal executives:
role and the regulation of legal professions
 The judiciary: types and role in civil and
criminal courts
 The separation of powers and the
independence of the judiciary
 Evaluation of the judiciary, including the
advantages of judicial independence