Paper 1.5 - Solicitors, Barristers and Legal Executives

Question 1

What is the role of a barrister?

Answer 1

Barristers primarily focus on advocacy (appearing in court) because they have full rights of audience.

Question 2

All barristers must be a member of a what in London?

Answer 2

An Inn of Court.

Question 3

What is the collective term for all practicing barrister?

Answer 3

The Bar.

Question 4

What two places are barristers primarily employed at?

Answer 4

Set of chambers and the Crown Prosecution Service.

Question 5

What two articles of clothing must a barrister wear in court?

Answer 5

Wig and robes.

Question 6

What is the term for a senior barrister?

Answer 6

KC / King’s Counsel barrister / a silk

Question 7

Barristers are usually self-employed but often split admin costs by working out of a what?

Answer 7

Set of chambers.

Question 8

What does the term ‘pro bono’ mean?

Answer 8

‘For good’ - refers to cases where the barrister vetoes payment in order to build an image.

Question 9

TRUE OR FALSE: Barristers can only get assigned cases directly from solicitors.

Answer 9

FALSE: There is a direct access scheme in place for certain civil procedures.

Question 10

What is the ‘cab rank rule’ for barristers?

Answer 10

They must represent their client in whatever case their clerk assigns for them.

Question 11

When barristers meet with clients, it is referred to as a what?

Answer 11

Case conference.

Question 12

What is the role of a solicitor? (2)

Answer 12

To prepare cases for a barrister of their choosing.
To act as a ‘duty solicitor’ and advise clients during arrests.

Question 13

TRUE OR FALSE: Solicitors cannot advocate at any court when they start and must earn qualifications to do so.

Answer 13

FALSE: Solicitors can advocate at Magistrates’ court, even new ones.

Question 14

What two names are given to solicitors who work in firms depending on their position?

Answer 14

Associate or partner.

Question 15

What is the role of a legal executive?

Answer 15

Assist solicitors in preparing a case for a client.
Can also speak in Magistrates’ court and may represent on straight-forward criminal cases.

Question 16

What is the main distinguishing factor between legal executives and solicitors?

Answer 16

Legal execs. tend not to go to university whereas solicitors do; though they can become solicitors eventually.

Question 17

Where do legal executives usually work?

Answer 17

Law firms or Crown Prosecution Service.

Question 18

How do legal executives and solicitors get their money?

Answer 18

‘Fee earners’ - charge on an hourly basis.

Question 19

What are the four regulatory bodies for a barrister?

Answer 19

Head of Chambers (informal)
Bar Standards Board (formal)
Court
Legal Ombudsmen

Question 20

What powers do the Bar Standards Board have when disciplining barristers?

Answer 20

Disbarment, suspension, fines, warnings.

Question 21

What is the legal term for suing your own barrister due to incompetence?

Answer 21

Negligent advocacy (from Hall v Simons).

Question 22

What are the four regulatory bodies for a solicitor?

Answer 22

Partner in firm (informal)
Solicitors Regulatory Authority (formal)
Court
Legal Ombudsmen

Question 23

What powers do the Solicitors Regulatory Authority have when disciplining solicitors?

Answer 23

Fine firm, suspend or strike a solicitor.

Question 24

What are the four regulatory bodies for a legal executive?

Answer 24

Associate or partner in firm (informal)
Certified Institute of Legal Executives / CILEX Regulatory Board (formal)
Court
Legal Ombudsmen

Question 25

How is the Certified Institute of Legal Executives body different to other regulatory bodies?

Answer 25

It can reject complaints, as well as warn and fine its members.

Question 26

What is the Legal Ombudsmen?

Answer 26

Third party agency that reviews legal workers and reports them to the respective bodies.