Regulation of Legal Personnel Flashcards
Barristers:
Bar Council: (Governing Body)
Bar Standards Board: (Regulatory Body)
Sets education and training requirements
Sets standards of conduct
Monitors the service provided
Handles Complaints
Fines, Sanctions, Suspends, Disbarment from working
Client Liability: No contractual liability but can be sued for negligence (Hall v Sirros)
Solicitors:
Law Society (Governing)
Solicitors Regulation Authority: (Regulatory)
Sets standards for qualifications
Monitors Performance
Sets rules for professional conduct
Handles complaints
Operates a compensaton fund for clients who lost funds as a result of solicitors dishonesty
Fines, Written Rebuke, Reprimands, …
Contractual Liability and can be sued for negligene (White v Jones)
Legal Executive:
Chartered Institute for Legal Executives: Governing
CILEX Regulation (Regulatory)
Oversees qualification and Practice Standards
Takes action against legal executives who don’t meet those standards
Rejects a complaint
Impose Conditions on Future Work
Exclude from membership
Fines
Order to pay costs of the case
Contractual Liability and can be sued for Negligence
Legal Services Board:
Legal Services Board:
Legal Services Act 2007: Wide Remit
Oversees regulation of lawyers in England and Wales
Second Check of: Bar Council, Law Society, Chartered Institute for Legal Executives
Suggests reform to modernise legal services
Inter alei to ensure legal personnel act with integrity and independence, maintain standards, act in clients best interests
Legal Ombudsman
Case can’t be solved between client and member of legal profession, REgulatory body, case is sent to OMbudsman
Legal Services Act 2007: Solves claims against lawyers in fair and effective way
Can sue for: Cost, Delay, Poor information of process
