Solicitors and barristers Flashcards
Approximately how many solicitors are there practising in England and Wales?
There are over 130,000 solicitors practising in England and Wales.
Who is the solicitor’s governing body?
Solicitors’ governing body is the Law Society and all practising solicitors must be a member.
Who are solicitor’s regulated by?
Solicitors are regulated by the Solicitors Regulation Authority.
What type of work do solicitors do?
Solicitors are considered general practitioners of the law.
They can work in private practice or employed by organisations such as the Crown Prosecution Service.
Most of solicitors’ work comes from conveyancing, drawing up wills, drafting contracts, writing letters and family and matrimonial work.
What do we mean by the term ‘advocacy’?
Advocacy is defined as any action that speaks in favor of, recommends, argues for a cause, supports or defends, or pleads on behalf of others.
What do we mean by the term ‘right of audience’
The right of audience, in common law, is the right of a lawyer to conduct court proceedings on behalf of a client.
Where do solicitor’s do most of their advocacy work?
Solicitors do almost all advocacy in the Magistrates’ Court, but have also developed full rights of audience since the Access to Justice Act 1999, subject to accreditation under the Quality Assurance Scheme for Advocates.
Solicitor’s training
Graduate Diploma in Law (one year)
This is for those students who have not got a degree in Law. If they have a degree in another subject, they spend this year learning the core legal modules.
Criticism: Ormrod Committee reported in 1971 that one year of legal education was not sufficient and that the main entry into the legal profession should be through a law degree. It is also expensive to undertake this course on top of what would have been an already expensive degree.
Legal Practice Course (one year)
This is a vocational course which teaches students the key skills needed to become a solicitor, to include client interviewing, drafting documents and letters and negotiation. It also includes administration skills, such as finance, marketing and the running of a solicitor’s firm.
Criticism: the cost of the LPC is exceptionally high, averaging around £9,000 for the year. With graduates already having debts from University, it is argued that it is too expensive for many students.
Training Contract (two years)
This is where the student will work in a solicitors’ firm for two years, getting practical experience. The trainee will be paid, though not as much as a fully qualified solicitor. There is also the requirement that the trainee solicitor attends a 20 day Professional Skills Course where the student builds on the skills learned on the LPC.
What is a criticism of solicitor’s training?
Criticism: there is a huge problem with over supply and many graduates of the LPC cannot get a training contract
Approximately how many barrister are there practising in England and Wales?
There are nearly 13,000 barristers practising in England and Wales.
Who is the barristers governing body?
Barristers’ governing body is the General Council of the Bar and all practising barrister must be a member of one of the four Inns of Court: Lincoln’s Inn, Inner Temple, Middle Temple or Gray’s Inn.
Who are barristers regulated by?
Barristers are regulated by the Bar Standards Board.
and share a clerk.
What type of work do barristers do?
Barristers are considered advocacy specialists, and work under the cab rank rule - This means that a barrister cannot turn down a case within their specialism.
Barristers have rights of audience in all criminal courts, subject to accreditation under the Quality Assurance Scheme for Advocates.
Who can access a barrister?
It used to be the case that anyone who needed a barrister had to go to a solicitor first, but from 2004 anyone can gain direct access to a barrister for civil cases using The Bar Council Direct Access Portal.
Are barristers usually employed or self-employed?
Barristers are usually self employed, although they share chambers with other barristers
What does Barristers training consist of?
- Membership of an Inn of Court
You can choose to dine 12 times at the Inn of court, or you can take part in a weekend residential course. This gives students the opportunity to meet senior barristers and judges and immerse themselves in the traditions of the profession. - Students will have to complete a Bar Aptitude Test on application to make sure only those who are likely to succeed gain a place on the BPTC.
- Bar Professional Training Course (one year)
This is a vocational course which teaches students the key skills needed to become a barrister, with a heavy focus on advocacy, as well as other skills such as conferencing, drafting, opinion writing and resolution of disputes out of court.
Criticism: In April 2015, Chair of the Bar Council raised concerns about the financial risk involved in taking the BPTC, claiming that “there are too many people spending too much money in order to train [. . .] with no realistic prospect of being able to make a start in the profession” In London, the cost of the BPTC can be up to £20 000.
- Pupillage (2 x 6 months)
This is the practical stage of the training where the trainee barrister becomes a ‘pupil’ barrister to a qualified barrister. The first six months involves students observing their “master” in court and assisting with related paperwork. In the second six months of pupillage, each pupil is responsible for a personal case load.
When are barristers eligible to become kings counsel?
Barristers are eligible to become King’s Counsel after 10 years of practice as a ‘junior’ barrister.
What do solicitors and barristers need to be eligble to become a KC (King’s counsel)?
- Solicitors and barristers are both eligible for promotion to King’s Counsel if they have the required qualifications and experience
What are KCs informally referred to as and why?
- KCs are informally referred to as ‘silks’ because they are eligible to wear gowns made of silk.
What must a barrister or solicitor demonstrate to become a KC?
*To become a KC, you have to have higher rights of audience and demonstrate the competencies in the Competency Framework to a standard of excellence.
What is the split between applications for KC between male and females?
What percentage of applications for KC are barristers?
In 2016, there were 254 applications for QC:
- 76% male, 22% female
- 93% were barristers.
What do statistics relating to the solicitors tells us about diversity in this profession?
Statistics for solicitors
Male/female: 65% - 35%
White/BAME: 71% - 23%
School fee paying: 29%
School state: 71%
What do statistics relating to the barristers tells us about diversity in this profession?
Statistics for barristers:
Male/female: 35%/65%
White/BAME: - 79%/11%
School fee paying: 44%
School state: 56%
What is being done to increase diversity?
Law Society Diversity and Inclusion Charter
Our Inclusion Group empowers our people to participate in networks and activities which celebrate and raise awareness across a range of key areas: LGBTQ+, race, social mobility, visible and invisible disabilities.
Diversity Access Scheme
DAS aims to help improve social mobility and diversity in the legal profession by supporting people who face social, educational, financial or personal obstacles to qualifying as a solicitor.
Minority Lawyers Conference
Provide mentorship, networking, and career development opportunities to students from underrepresented backgrounds
Equality and Diversity Code
The Legal Services Board (LSB)
Considers a diverse workforce a key aspect of developing a legal sector that best serves consumers and supports innovation
