Solicitors Flashcards
What are solicitors represented by?
Law society
How many solicitors are there practicing in England and Wales?
How many are private practice?
120,000
87,000-rest employed in work in industry, commerce, local government or the crown prosecution service
What do the law society do?
Help,protect and promote solicitors in England and Wales
The law society user to regulate the solicitors, but as this lost impartiality who does this role now?
Solicitors regulation authority
Who are the solicitor regulation authority?
Authority responsible for regulating the solicitor profession
This includes setting down education,training and qualification requirements and the tiles under which solicitors have to practise
Investigates allegations of professional misconduct
What are the three routes to become a solicitor?
A levels or equivalent Law degree Legal Practice Course(1-year) Two-year training period Qualified as a solicitor
A levels or equivalent
Degree in another subject
Common professional examination(one-year law course)
Legal practice course(one year full-time, 2 years part-time)
Two-year training period
Qualified as a solicitor
What are the three training routes to become a solicitor?
A levels or equivalent
Law degree
Legal practice course(one year)
Two year training period
A levels or equivalent Degree in another subject Common professional examination Legal practice course Two year training period
Institute of legal executives professional diploma
ILEX high professional diploma
Legal practice course
Either become a professional ilex(must have worked for 5 years)
OR
two- year training period
=Qualified as a Solicitor
What are the criticisms of the training process?
Financial problems- LPC-12,000
Lack of legal knowledge-CPE
Over-supply- training contract
What do the majority of solicitors do?
Private practice in a solicitors firm
What do the remaining of solicitors do?
CPS
Local authority or government department
Legal advisers in commercial or industrial businesses-30,000
In a firm a solicitor can either work as a …..: or??
Sole practitioner or in a partnership
How many partners can solicitors have?
Unlimited
What does a small high street firm tend to deal with?
Consumer problems,housing and business matters and family problems
What paperwork most they deal with?
Writing letters on behalf of clients
Drafting contracts,leases are other legal documents
Drawing up wills
Dealing with conveyancing (legal side of buying and selling flats,houses,office buildings and land)
What can a solicitor specialise in?
Advocacy- standing up in cough,pitting the clients case and questioning withesses
What do large city firms concentrate on?
Business and commercial law
What was the monopoly on conveyancing?
What changed this?
Only solicitors could deal with the legal side of transferring houses and other buildings and land
Administration of justice act- 1985 allowed people other than solicitors to become licensed conveyancers,leading to demand for wider rights of advocacy
Which two courts have solicitors always been permitted to act in?
Magistrates and county
Appearing in the crown court was granted?
On the plea of guilty,couldn’t represent client in a trial
Evidence of case little rights of audience?
Abse v smith- now can make a statement in the High court in a case where it had been settled
Courts and legal services act allowed?
Solicitor in private practice had the right to apply for a certificate of advocacy,enabling them to appear in higher courts
Requirements for certificate of advocacy
Experience of advocacy in county and magistrates
Short training course
Examination on rules of evidence
What is the legal disciplinary practice?
Form partnerships with other professions ie accountants
What does the legal services act 2006 allow for LDPs?
25percent can be non lawyers
Allows alternative business structures
Can form companies not owned by solicitors
