Section A- Legal Personnel Flashcards
About barristers and their role (work)/
-17000 barristers working in England and wales- 80% are self employed and have tenancy in chambers. 20% barristers employed by organisations e.g CPS, independent businesses, gov.
-controlled by the general council of the bar, regulated by bar standards board and must be a member of one of the inns of court: grays, Lincoln’s, inner temple, middle temple.
-most self employed have a ‘tenancy’ and work out of chambers with a clerk to organise administration aswel as other support staff.
-direct access- originally necessary for anyone who wished to instruct a barrister to go to a solicitor first. However now direct access to a barrister in civil cases but not family or criminal. A barrister completes additional training for this.
-cab rank rule- if a barrister is available and has suitable expertise they must take the next available case- can’t pick and choose cases.
-become a kings council after 10 years and take much higher cases
Work:
Advocacy- have full rights of audience- all courts. Those in advocacy will still: legal research, draft documents, hold case conferences with clients to advise them on the law, negotiate settlements.
Regulations (complaints) against barristers
- Direct to chambers- if unsatisfied, complain to chambers first.
Then if not resolved, complains to legal ombudsman or bar standards board depending on claim
2.legal ombudsman- set up by office of legal complaints under legal services act. Free complaints about poor service e.g losing documents. This is legally binding. Can order B to apologise, return documents, compensation up to 30 000.
2.bar standards board- this body regulates the profession and deals with complaints if B has breached the bars code of conduct e.g acting dishonestly. Disciplines barristers who is in breach and if serious referred to disciplinary tribunal. A tribunal can reprimand the barrister, further training, fine up to 50 000, suspend or disbar them.
3.can be sued?- no contract with clients where they receive instructions from a solicitor they cannot sue the client to be sued for breach of contract but can be sued for negligence.
About solicitors and their role (work)
-Around 160 000 solicitors practicing in E+W. 93 000 working in either private practice or employed. By local government, CPS, civil service, private business.
- S represented by the law society and controlled by solicitors regulatory authority.
- a solicitor can represent clients in court but only have rights of audience in magistrates, crown and county court. Under courts and legal services act (CALSA) can take part in further training to have full rights of audience- solicitor advocates.
- work depends on type of firm they are working in. A small high street firm will advise on: crime, armed forces,family, sport. They are likely to spend their time: negotiation, prepare court cases, identify crucial evidence, fill forms- N1, instruct council.
Specialise in one particular field e.g family law. Larger city firms focus on things such as business, commercial. After 10 years can apply for KC- taking silk
Regulations (complaints) against solicitors
- Direct to office- if unsatisfied with work- complain to company first.
If not resolved must complain to legal ombudsman or solicitors regulation authority depending the claim. - Legal ombudsman- set up by legal office of complaints under LSA. Free complaints about poor services e.g. unclear communication. Legally binding. Order firm to apologise, return documents, compensation up to 30 000.
- Solicitors regulation authority- complaints about professional misconduct of solicitors- breached SRA principles e.g dishonest. If evidence of serious misconduct goes to solicitors disiplinary tribunal- can fine, reprimand or strike them off the role.
- Sued?- enters contact so if fees aren’t paid S can sue client. Client can also sue S on breach of contract. Also can be sued for negligence seen in white v jones.
About legal executives and their role
17500 members of CILEx but 7000 work in solicitors firms as assistants. Qualified lawyers who passed institute of legal executives professional qualification in law.
Role- can meet with client , prepare documents, give advice and sometimes appear in court. A qualififief legal executive has limited rights of audience in magistrates courts and county courts for family cases. Can apply for higher rights of audience by completing an advocacy course in criminal proceedings certificate- make applications for bail. All the work mist be done under supervision of qualified solicitor or barrister.
Regulations/ complaints against legal executives
All members of CILEx.
1. Complain to firm or supervisor
2.goes to CILEx regulation board
The issue is investigated and summary given to professional conduct panel
- if misconduct then it may reprimand or warn a member
-refer serious matters to a disciplinary tribunal who can exclude a person or fine up to 3000
If dissatisfied with results- poor service- legal ombudsman- OFLC, binding, apologise, compensation- 30 000.
What is King’s Counsel
After atleast 10 years a barrister or a solicitor with an advocacy qualification it is possible to apply to become a KC which is kn own as ‘taking silk’. About 10% of barristers are KC meaning they can take on more complicated and high profile cases commanding a higher fee. A KC will have another barrister with them to assist with the case known as a junior barrister
What is the background and appointment of kings council
Until 2004 was appointed by the lord chancellor but then was criticised for being too sensitive. Less than 10% were women and small ethnic minorities. In 2004 the LC the bar council and law society agreed to a new system of appointment. Selection is now done by an independent selection panel which involves interviews and providing references then this panel send their recommendations to the LC. 2024 application fee was 2370 and appointment was 3390. New system has a positive impact on diversity now 15% are women and 6.5% ethnic minorities.
What are the superior judges and courts
High court judges (high court)
Lord justices of appeal (COA)
Justices of the Supreme Court (SC)
What are the inferior judges and courts
District judges (magistrates and county court)
Recorders (crown and county courts)
Circuit judges (crown and county court)
Types of judges
Qualifications to become a judge changed in the tribunals court and enforcement act. Solicitors and barristers can apply and time was reduced from 7-5 years for inferior roles and senior 10-7 years. Inferior sit in lower courts and superior in higher courts.
Justices of the Supreme Court (superior) appointed from those who hold high judicial office e.g COA judge. For 2 years or barrister or solicitor for 15 years. Judges need to be well qualified as highest court.
Lord justices of appeal (superior) barrister or solicitor atleast 7 years experience mostly all appointed from high court judges- COA
High court judges (superior)- B or S for 7 years or a circuit judge for atleast 2 years
Circuit judges(inferior) B or S for atleast 7 years or recorder or district judge for 3- crown/county court.
Recorders (inferior) part time, qualified B or S 7 years. Sits as a judge 30 days a year and continues ordinary work most time- crown, county courts
District judges (inferior)- qualified b or s 5 years experience. 2/3 former solicitors. TCEA, ILEX fellows can be appointed as deputy district judges.
What are the roles of superior judges
Superior judges hear appeals from HC, county courts and some tribunals.
J of Supreme Court- 100 cases each year- appeals from lower courts, mainly civil cases- technical e.g. tax law. Cases involve a POL, sit at uneven number minimum of 3 e.g. Brexit case was 11- rare. Decision forms binding precedent for those below.
LJ of appeal- 37 who sit in criminal and civil divisions of the COA and their work is concerned with appeals. Much heavier workload than SC as 7000 applications for leave. Sit as 3 or 5. Lower courts follow decisions
HC judges- 72 in KBD 17 in chancery and 18 in. Family- try cases at first instance. Hear evidence decide the law and make decisions. Sit alone. KBD hear appeals from M court and can sit in crown to hear criminal
What are roles of inferior judges
Trial of first instance and decide and allocate tracks.
Circuit judges- sit in county courts for civil a crown court for criminal and sit on their own. Hear law and facts and decides who wins (county) and jury decides facts and decides sentence (crown)
Recorders- sit in crown court and hear criminal case and the county court for civil. Part time judges who are appointed for 5 years.
District judges- sit in county for civil cases mainly for small claims. Sit in magistrates to hear criminal. Sit on their own to decide on facts and law. When guilty will sentence
Retirement of judges
The judicial pensions and retirement act 1993 states that all judges have to retire at 70 recently updates to 75 in 2021. Lord chancellor can authorise senior judges to work part time up till 75 before the update.
Removal of superior judges
Originally the act of settlement 1700 gave judges security of tenure and can’t be removed by LC whilst ‘on good behaviour) now senior courts act 1981 gives security of tenure to high court judges and lord justices of appeal.
