Solicitors Flashcards
What happens at the professional stage of training to be a solicitor?
1 year legal practice course- topics are: taxation, conveyancing, interviewing, client care, advocacy
What happens in the practical stage of training for a solicitor?
2 year training contract with solicitor or CPS- includes a 20 day practical skills course
They must satisfy the Law Society of their good character before being admitted to the ROLL OF SOLICITORS
What are the problems of training?
- Costs- university £9,000/year LPC- £10,000
- Non law degree graduates only do 1 year conversion course
- too many LPC students not enough training contract places
- female solicitors rarely become partners of law firms
Where is a solicitors place of work?
PRIVATE PRACTICE- sole practitioner, partnership (or companies- alternative business structures since Legal Services Act 2007)
EMPLOYED BY COMPANIES- or local government ‘in house’ solicitors
CPS- Crown Prosecution Service
LEGAL DISCIPLINARY PRACTICES- Legal Services Act 2007 allows lawyers to work with others as 25% partners in firm can be made up of non-lawyers
What happens at the academic stage of solicitor training?
Law degree (7 core subjects) or non law degree and one year Common Professional Examination or Graduate Diploma in law
CILEX route- earn and learn
Become a student member of the law society
What is the type of work for a solicitor?
Solicitors deal with the client directly, unlike barristers
What are the topics under general practice?
Matrimonial, probate (wills), employment law, conveyancing, medical negligence, criminal law
What are the tasks of a solicitor?
Advice, negotiation, drafting contracts, conveying land, drawing up wills, writing letters on behalf of clients, ETC
Trail work- pre-trail preparation, gathering evidence, interviewing witnesses, appearing in lower courts, and briefing a barrister.
What has changed regarding conveyancing for solicitors?
Administration of Justice Act 1985 allows other businesses to offer conveyancing work (banks, building societies, licensed conveyors)
What are specialist firms regarding solicitors?
Solicitors might specialise in one area of law in the same way that doctors specialise and become consultants
What is the right of audience for solicitors?
Means they have the right qualifications to be able to represent a client in that court
Solicitors have always been able to appear in the:
- Magistrates and County Court
- Crown court appeal ONLY if they dealt with the case in the Mags court
- They have limited rights to read statements in High Court following Abse V Smith 1986
What are solicitor advocates?
COURTS AND LEGAL SERVICES ACT 1990:
- Gave solicitors have new advocacy rights
- They may act in higher courts if they obtain a Certificate in advocacy
- To apply they must have been a solicitor for 3 years
- Can become QC
What society deals with the internal complaints procedure for solicitors?
They all have a in-house complaints procedure.
THE LAW SOCIETY
The professional regulating body which:
- Governs solicitors and sets standard of professional conduct, eg there is a practice rule that solicitors may not act for both parties
- Maintains the roll of solicitors and can withdraw practicing certificate
- Sets training standards and supervises education
What does the Office of Legal Complaints for solicitors?
It is independent of the law society
Investigates handling of complaints
What’s the job of a Legal Ombudsman (est Legal Services Act 2007)?
Can order compensation to client. Typical complaints:
- Your lawyer has not done what you instructed them to do
- Your lawyer has failed to reply to your phone calls and letters
