Solicitors Flashcards
Can solicitors work independently, and if so, how?
Yes, solicitors can work as sole practitioners, though most work in firms of partners. As sole practitioners, they handle all aspects of their practice alone.
How does specialization work in larger solicitor firms?
In larger firms, solicitors typically specialize in specific areas of law, such as corporate law, property law, or family law, to handle complex matters within those fields.
Do solicitors in smaller firms specialize as well?
Yes, solicitors in smaller firms may specialize to some extent, but they are often expected to advise clients on a wide range of legal matters, such as housing, wills, and conveyancing.
How do solicitors charge for their services?
Solicitors typically charge by the hour for their work, although the exact fee structure can vary depending on the type of work and the firm.
Do solicitors have the right to advocate in court?
Yes, solicitors have rights of audience in the Magistrates’ Court and County Court. They can also apply for higher rights of audience in Crown Court if they meet certain training and exam requirements.
What impact did the Courts and Legal Services Act 1990 have on solicitors?
The Act allowed solicitors with advocacy experience to obtain a certificate for higher rights of audience in courts beyond the Magistrates’ Court and County Court.
In what capacity can solicitors serve in the judiciary?
Solicitors may serve as Deputy District Judges in both the Magistrates’ Court and County Court.
What roles do solicitors play in court proceedings?
Solicitors prepare cases, interview clients, draft legal documents, negotiate settlements, and may work with barristers for court advocacy.
Can solicitors work part-time or full-time?
Yes, solicitors can work either full-time or part-time, depending on their role within a firm or their personal choice as a sole practitioner.
What is the educational path to becoming a solicitor?
To become a solicitor, one typically needs to complete a law degree (LLB), the Legal Practice Course (LPC), and a training contract before qualifying.
What role does a solicitor play in a criminal case?
In criminal cases, a solicitor provides legal advice, represents the defendant in court (in lower courts), and may instruct a barrister for more complex cases or for advocacy in higher courts.
How do solicitors contribute to civil law cases?
In civil law cases, solicitors advise clients on legal matters, draft documents like contracts, assist in negotiations, and represent clients in lower courts.
Where do most solicitors work in England and Wales?
Most solicitors are employed in private practice in solicitors’ firms, while others work for organizations like the Crown Prosecution Service, Local Government, and businesses.
What is the career progression for a newly qualified solicitor?
A newly qualified solicitor starts as an assistant solicitor, progresses to a salaried partner, and eventually may ‘buy in’ as an equity partner to share in the firm’s profits.
What are the differences between smaller high street firms and larger ‘big city’ firms?
Smaller firms have a few partners and may deal with a variety of legal topics, while larger firms tend to specialize, such as in company law or property law.
What kind of work do solicitors do?
Solicitors interview clients, provide legal advice, draft documents, negotiate, and may instruct barristers for complex cases or to present cases in court.
What is the difference between contentious and non-contentious work for solicitors?
Contentious work involves litigation, such as personal injury or criminal prosecutions, while non-contentious work includes areas like wills and conveyancing.
What rights of audience do solicitors have in court?
Solicitors have automatic rights of audience in the Magistrates’ Court and County Court. Solicitors with relevant advocacy experience can obtain a certificate for higher courts after passing an exam and training.
Can solicitors become King’s Counsel or take higher judicial posts?
Yes, solicitors with advocacy experience are eligible to be appointed as King’s Counsel and may also be appointed to higher judicial posts.
What role can solicitors take in the judiciary?
Solicitors can act as Deputy District Judges in the Magistrates’ Court and County Court.
