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AS Law > Solicitors and Barristers > Flashcards

Solicitors and Barristers Flashcards

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1
Q

How many solicitors are there in England and Wales?

A

100,000

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2
Q

Who are the solicitors supervised and represented by?

A

The law society

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3
Q

What two ways can solicitors work?

A

Alone

Mostly in partnerships

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4
Q

What happens when a solicitor works in a partnership?

A

The partners take a share of any profits

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5
Q

Who do solicitors officers employ?

A

Salaried solicitors

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6
Q

Who are Salaried solicitors?

A

Solicitors how get paid a fixed amount each month

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7
Q

What are the two law firms?

A

High street solicitors firms

Commercial firms

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8
Q

What is a high street solicitors firm?

A

Deal with clients and cover criminal and/or civil law - may have several officers throughout a region - advise and represent client charged with criminal offence

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9
Q

Commercial firms?

A

Work for businesses rather than individuals - often have offices throughout the entire world - may advise clients on intellectual property matters - represent wealthy individuals

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10
Q

How do people complain about solicitors?

A

The first step is to raise the matter with the solicitor OR the firm that they work for

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11
Q

How should a compliant be made?

A

In writing

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12
Q

The law society (complaints)

A

It had a resolution form on the website which you can print off and fill in

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13
Q

What should the dissatisfied client explain when complaining against a solicitor?

A

The complaint

How they would like it to be resolved

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14
Q

Are most complaint against solicitors resolved?

A

Yes

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15
Q

What is the 2 step to complain against solicitors ?

A

The client contacts the law society if they complaint has by been resolved

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16
Q

Complaints against solicitors - Law society (time limit?)

A

Usually 6 months

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17
Q

What can the law society do about the complaint towards solicitors?

A

Reduce solicitors bill
Order solicitor to pay compensation up to £15,000
Make them correct the mistake and meet the costs incurred

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18
Q

Where is the 3rd place a client can complain about a solicitor?

A

The legal services ombudsman

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19
Q

How can a client appeal to the legal services ombudsman?

A

Must be within 3 months of receiving the law society’s decision

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20
Q

What do the LSO do?

A

They WONT usually look at the original complaint but will investigate how the law society dealt with it

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21
Q

What 3 things can the LSO order?

A

Recommend the law society to reconsider complaint
Formally criticise the law society
Order the law society to pay compensation

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22
Q

What can a client do to a solicitor?

A

Sue them through the courts for negligence

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23
Q

What is negligence?

A

Failure to take proper care of something

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24
Q

What must the client prove about the solicitor?

A

That they fell below the standards of a reasonable solicitor

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25
Q

What can the courts do if the client is successful in suing the solicitor?

A

They can award compensation

26
Q

How many barristers are there in England and Wales?

A

15,000

27
Q

Who are barristers covered and supervised by?

A

The bar council

28
Q

What are most barristers?

A

Self employed by share administrative costs by working together in chambers

29
Q

What do barristers traditionally specialise in?

A

Advocacy

30
Q

What is advocacy?

A

Representing clients in courts in both criminal and civil cases

31
Q

What is the cab-rank rule?

A

Where a barrister, if they have the time and skills, must accept the job they have been offered

32
Q

Why is the cab-rank rule important?

A

Avoids situations where some people may not be able to get a barrister to represent them

33
Q

Until what year was it that only solicitors could I trust barristers?

A

1989

34
Q

Until what year could the public go directly to a barristers instead on instructing a solicitor first?

A

2003

35
Q

What is public access?

A

When the public can directly go to a barrister

36
Q

What must barristers fulfil before accepting public access work?

A

Practising for at least 3 years

Attending training course

37
Q

Name 3 exceptions of public access?

A

Criminal
Family
Immigration work

38
Q

Do barristers have to accept public access work?

A

They are inclined to not accept

39
Q

What must a barrister consider if they agree to public access work?

A

That it is in the interests of the client and interest of justice for the case to proceed

40
Q

How many barristers are employed rather than self employed?

A

About 3,000

41
Q

What can barristers apply to become?

A

A queens counsel

42
Q

How much do applicants pay to become a queens counsel initially?

A

£1,800

43
Q

How much do applicants pay to become a queens counsel after £1,800?

A

£2,250 if successful

44
Q

After a selection panel review the applications of barristers, what happens next?

A

The are interviewed

45
Q

Advantages of successfully applying to be a queens counsel?

A

They gain an elevated status among their peers
Command higher fees
Junior barristers assist them
Wear silk rather than polyester gowns

46
Q

What is the first step to complaining against a barrister?

A

they should speak to their solicitor if they had one and see whether they agree with the complaint

47
Q

Where is the 2nd place to complain against barristers?

A

The bar council

48
Q

How long should someone complain by to ten bar council?

A

Within 6 months

49
Q

Who oversees the complaints process?

A

The complaints commissioner

50
Q

Who is the current commissioner?

A

Michael Scott

51
Q

Who is Micheal Scott?

A

A non-lawyer who is entirely independent from the bar council

52
Q

What happens if the commissioner thinks that the complaint can be justified?

A

He will refer to the Professional Conduct and complaints committee for its opinion

53
Q

What happens if the PCCC agree that the complaint is justified?

A

It is sent to a disciplinary panel for a final decision as to whether it can be justified and determines measures that should be taken

54
Q

What does the PCCC assess?

A

The nature of the complaint

55
Q

One example of a complaint?

A

Professional misconduct - leaving a case short noticed without a good reason or acting against clients interests

56
Q

What can the bar council do with complaints against barristers?

A

Give advice
Order barrister to pay fee
Suspend barrister
Disbar - no longer practise

57
Q

Another example of a complaint against a barrister?

A

Inadequate service - delay or rudeness towards the client

58
Q

What can the bar council do about inadequate service?

A

Ask barrister to apologise or repay fees up to £5000

59
Q

Where is he final appeal to complain against barristers?

A

Legal services ombudsman

60
Q

What can a client do to a barrister?

A

Sue them for negligence

61
Q

Up until what year did barista have immunity from liability?

A

2000

62
Q

What case abolished the immunity of liability for barristers?

A

Arthur JS Hall and Co v Simons (2000)

AS Law (17 decks)

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