solicitors and barristers 2

Question 1

What are the two separate branches of the legal profession in the UK?

Answer 1

Solciters and Barristers

Question 2

How many solicitors and barristers are there in the UK?

Answer 2

130,000 solicitor’s
13,000 barristers.

Question 3

Name a similarity and difference between the work of solicitors and barristers

Answer 3

both do advocacy and legal paperwork

barristers spending more of their time in court and solicitors spend most of their time in law firms or legal offices

Question 4

Where do complaints go for solicitors and barristers?

Answer 4

Solicitors: Solicitors Regulation Authority
Barristers: Bar Standards Board

Question 5

What is the typical first stages of someone becoming a solicitor

Answer 5

Study for a qualifying Law degree.

This means that they sit and pass exams in Legal Foundations such as Contract, Tort, Public, Criminal, Trust & Equity, and E.U law.

Question 6

What is the Non law-degree route of becoming a solicitor?

Answer 6

someone can instead take a Graduate Diploma in Law which takes a year, and teaches key principles of the legal system

Question 7

What is the second stage of someone becoming a solicitor?

Answer 7

The Legal Practice Course which is a one-year full-time course

Question 8

What is the third and final stage of someone becoming a solicitor?

Answer 8

Training contract - a fixed two-year work placement in a solicitor’s firm.

At the end of the two years they will be recognised as a qualified solicitor.

Question 9

How did training to become a solicitor change in 2021?

Answer 9

in 2021 the introduction of the SQE replaced the traditional LPC and training contract route with a new assessment-based system focusing on knowledge and skills as well as work experience.

Anyone who starts a law degree (GDL or LPC) before the SQE is introduced in 2021 can choose which route they take to qualify. There will be a long transition period running until 2032, where candidates who are already on one of the former courses will be able to qualify as solicitors in the ‘old’ way.

Question 10

What is the three typical fields of work a solicitor works in?

Answer 10

Criminal
Private
Employment

Question 11

What is the role of solicitors in private firms?

Answer 11

Private firms
* Legal Advice - give advice to clients.

• Drafting documents - drafting up contracts, wills, divorce papers, etc.
• Administrative work - letters, phone calls, organising, etc.
• Litigation- Also known as negotiation. Preparing case, e.g. in a divorce case.
• Advocacy.

Question 12

What is the role of solicitors in criminal cases?

Answer 12

Attend accused at police station.

• Advise the accused.
• Help accused obtain legal advice.
• Interview witnesses.
• Give information to barrister.
• Advocacy work in Magistrates court / Crown Court.

Question 13

What is the role of solicitors in employment?

Answer 13

Can be employed by companies, for example, local authorities, building societies, businesses, or the Crown Prosecution Service to provide legal advice and handling legal matters on behalf of that employer.

Question 14

What are the two possible initial training procedures to become a barrister?

Answer 14

Either:

• Study for a Qualifying Law degree.
• Pursue the non-law degree route (Graduate Diploma)

Question 15

What is the second required training someone must complete to become a barrister?

Answer 15

One-year Bar Vocational Course (BPTC):

After completing the course, they are called to ‘the bar’.

Question 16

After someone is called to the bar, what is a requirement for barristers?

Answer 16

They must become a member of one of four Inn’s of Court
and must visit the Inns twelve times for various networking events and training.

Question 17

What is the fourth stage required to become a barrister?

Answer 17

Trainees must complete a one-year pupillage

pupillage is like an apprenticeship for barristers. It provides hands-on experience in a barrister’s chambers, where pupils observe court proceedings, conduct legal research, draft legal documents, and assist their supervisor with casework.

Question 18

What can a barrister become after enough time in practise?

Answer 18

After 10-15 years in practice, an experienced barrister can apply to become a KC (King’s Counsel). KCs are appointed by the General Council of the Bar & Law Society. On appointment they ‘take silk’.

KCs are recognised for their expertise and status and because of this can command higher fees.

Question 19

How are barristers employed?

Answer 19

Barristers practicing at the Bar are self-employed, but usually work from a set of chambers.

Employed barristers- some work in the employed bar such as working for the Crown Prosecution Service.

Question 20

What is meant by the ‘right of audience’ ?

Answer 20

Right of audience refers to the ability for a barrister to speak ON BEHALF on their client.

Barristers have the right of audience in all courts

Question 21

Barristers cannot turn down any cases, what is the rule that enforces this?

Answer 21

• the cab-rank rule

a barrister cannot turn down business if it’s their area of law and if they are free.

Question 22

How do barristers operate in criminal cases?

Answer 22

• Barristers act as advocates in all courts.
• Receive brief of case from solicitor.
• Advise the solicitor and accused.
• Meet accused at trial.
• • Prepare and draft case documents