Paper 1.5 - Solicitors, Barristers and Legal Executives Flashcards
English Legal System
What is the role of a barrister?
Barristers primarily focus on advocacy (appearing in court) because they have full rights of audience.
All barristers must be a member of a what in London?
An Inn of Court.
What is the collective term for all practicing barrister?
The Bar.
What two places are barristers primarily employed at?
Set of chambers and the Crown Prosecution Service.
What two articles of clothing must a barrister wear in court?
Wig and robes.
What is the term for a senior barrister?
KC / King’s Counsel barrister / a silk
Barristers are usually self-employed but often split admin costs by working out of a what?
Set of chambers.
What does the term ‘pro bono’ mean?
‘For good’ - refers to cases where the barrister vetoes payment in order to build an image.
TRUE OR FALSE: Barristers can only get assigned cases directly from solicitors.
FALSE: There is a direct access scheme in place for certain civil procedures.
What is the ‘cab rank rule’ for barristers?
They must represent their client in whatever case their clerk assigns for them.
When barristers meet with clients, it is referred to as a what?
Case conference.
What is the role of a solicitor? (2)
To prepare cases for a barrister of their choosing.
To act as a ‘duty solicitor’ and advise clients during arrests.
TRUE OR FALSE: Solicitors cannot advocate at any court when they start and must earn qualifications to do so.
FALSE: Solicitors can advocate at Magistrates’ court, even new ones.
What two names are given to solicitors who work in firms depending on their position?
Associate or partner.
What is the role of a legal executive?
Assist solicitors in preparing a case for a client.
Can also speak in Magistrates’ court and may represent on straight-forward criminal cases.
What is the main distinguishing factor between legal executives and solicitors?
Legal execs. tend not to go to university whereas solicitors do; though they can become solicitors eventually.
Where do legal executives usually work?
Law firms or Crown Prosecution Service.
How do legal executives and solicitors get their money?
‘Fee earners’ - charge on an hourly basis.
What are the four regulatory bodies for a barrister?
Head of Chambers (informal)
Bar Standards Board (formal)
Court
Legal Ombudsmen
What powers do the Bar Standards Board have when disciplining barristers?
Disbarment, suspension, fines, warnings.
What is the legal term for suing your own barrister due to incompetence?
Negligent advocacy (from Hall v Simons).
What are the four regulatory bodies for a solicitor?
Partner in firm (informal)
Solicitors Regulatory Authority (formal)
Court
Legal Ombudsmen
What powers do the Solicitors Regulatory Authority have when disciplining solicitors?
Fine firm, suspend or strike a solicitor.
What are the four regulatory bodies for a legal executive?
Associate or partner in firm (informal)
Certified Institute of Legal Executives / CILEX Regulatory Board (formal)
Court
Legal Ombudsmen
How is the Certified Institute of Legal Executives body different to other regulatory bodies?
It can reject complaints, as well as warn and fine its members.
What is the Legal Ombudsmen?
Third party agency that reviews legal workers and reports them to the respective bodies.
