Solicitors

Question 0

What are solicitors represented by?

Answer 0

Law society

Question 1

How many solicitors are there practicing in England and Wales?
How many are private practice?

Answer 1

120,000

87,000-rest employed in work in industry, commerce, local government or the crown prosecution service

Question 2

What do the law society do?

Answer 2

Help,protect and promote solicitors in England and Wales

Question 3

The law society user to regulate the solicitors, but as this lost impartiality who does this role now?

Answer 3

Solicitors regulation authority

Question 4

Who are the solicitor regulation authority?

Answer 4

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

Question 5

What are the three routes to become a solicitor?

Answer 5

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

Question 6

What are the three training routes to become a solicitor?

Answer 6

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

Question 7

What are the criticisms of the training process?

Answer 7

Financial problems- LPC-12,000
Lack of legal knowledge-CPE
Over-supply- training contract

Question 8

What do the majority of solicitors do?

Answer 8

Private practice in a solicitors firm

Question 9

What do the remaining of solicitors do?

Answer 9

CPS
Local authority or government department
Legal advisers in commercial or industrial businesses-30,000

Question 10

In a firm a solicitor can either work as a …..: or??

Answer 10

Sole practitioner or in a partnership

Question 11

How many partners can solicitors have?

Answer 11

Unlimited

Question 12

What does a small high street firm tend to deal with?

Answer 12

Consumer problems,housing and business matters and family problems

Question 13

What paperwork most they deal with?

Answer 13

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)

Question 14

What can a solicitor specialise in?

Answer 14

Advocacy- standing up in cough,pitting the clients case and questioning withesses

Question 15

What do large city firms concentrate on?

Answer 15

Business and commercial law

Question 16

What was the monopoly on conveyancing?

What changed this?

Answer 16

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

Question 17

Which two courts have solicitors always been permitted to act in?

Answer 17

Magistrates and county

Question 18

Appearing in the crown court was granted?

Answer 18

On the plea of guilty,couldn’t represent client in a trial

Question 19

Evidence of case little rights of audience?

Answer 19

Abse v smith- now can make a statement in the High court in a case where it had been settled

Question 20

Courts and legal services act allowed?

Answer 20

Solicitor in private practice had the right to apply for a certificate of advocacy,enabling them to appear in higher courts

Question 21

Requirements for certificate of advocacy

Answer 21

Experience of advocacy in county and magistrates
Short training course
Examination on rules of evidence

Question 22

What is the legal disciplinary practice?

Answer 22

Form partnerships with other professions ie accountants

Question 23

What does the legal services act 2006 allow for LDPs?

Answer 23

25percent can be non lawyers
Allows alternative business structures
Can form companies not owned by solicitors

Question 24

What does the solicitor have the right to sue for?

Answer 24

Fees

Question 25

What does the client have the right to sue for?

Answer 25

Breach of contract

Negligence in and out of court work-Griffin v Dawson

Question 26

What did hall v Simons decide?

Answer 26

Advocates can b liable for negligence

Question 27

What is an in-house procedure?

Answer 27

Procedure for dealing with complaints from dissatisfied clients.
All those who consult them must be given the information about the Complaints procedure

Question 28

Who can the client complain to if it is not resolved in-house?

Answer 28

Legal ombudsman

Question 29

What is the office of legal complaints?

Answer 29

Created by the legal services act (2007)
Independent of the law society and any other sector of the legal profession
Non lawyer as the chairman
Majority of members non lawyers
Set up legal ombudsman to deal with complaints about poor service and other professions

Question 30

What is the legal ombudsman?

Answer 30

Independent and impartial
Weigh up case
Legal ombudsman has the power to get the solicitor firm to:
Apologise to the client
Give back any documents that the client may need
Put things right if more work can correct what went wrong
Refund/reduce legal fees
Compensation30,000

Question 31

Which complaints do the SRA investigate?

Answer 31

Professional misconduct of solicitors
Put case before the solicitors disciplinary tribunal
Fine or reprimand the solicitor if complaint upheld
Suspend solicitor from roll so can’t practice for certain time
Strike off solicitors from the roll