Solicitors and Barristers Flashcards
How many solicitors are there in England and Wales?
100,000
Who are the solicitors supervised and represented by?
The law society
What two ways can solicitors work?
Alone
Mostly in partnerships
What happens when a solicitor works in a partnership?
The partners take a share of any profits
Who do solicitors officers employ?
Salaried solicitors
Who are Salaried solicitors?
Solicitors how get paid a fixed amount each month
What are the two law firms?
High street solicitors firms
Commercial firms
What is a high street solicitors firm?
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
Commercial firms?
Work for businesses rather than individuals - often have offices throughout the entire world - may advise clients on intellectual property matters - represent wealthy individuals
How do people complain about solicitors?
The first step is to raise the matter with the solicitor OR the firm that they work for
How should a compliant be made?
In writing
The law society (complaints)
It had a resolution form on the website which you can print off and fill in
What should the dissatisfied client explain when complaining against a solicitor?
The complaint
How they would like it to be resolved
Are most complaint against solicitors resolved?
Yes
What is the 2 step to complain against solicitors ?
The client contacts the law society if they complaint has by been resolved
Complaints against solicitors - Law society (time limit?)
Usually 6 months
What can the law society do about the complaint towards solicitors?
Reduce solicitors bill
Order solicitor to pay compensation up to £15,000
Make them correct the mistake and meet the costs incurred
Where is the 3rd place a client can complain about a solicitor?
The legal services ombudsman
How can a client appeal to the legal services ombudsman?
Must be within 3 months of receiving the law society’s decision
What do the LSO do?
They WONT usually look at the original complaint but will investigate how the law society dealt with it
What 3 things can the LSO order?
Recommend the law society to reconsider complaint
Formally criticise the law society
Order the law society to pay compensation
What can a client do to a solicitor?
Sue them through the courts for negligence
What is negligence?
Failure to take proper care of something
What must the client prove about the solicitor?
That they fell below the standards of a reasonable solicitor
What can the courts do if the client is successful in suing the solicitor?
They can award compensation
How many barristers are there in England and Wales?
15,000
Who are barristers covered and supervised by?
The bar council
What are most barristers?
Self employed by share administrative costs by working together in chambers
What do barristers traditionally specialise in?
Advocacy
What is advocacy?
Representing clients in courts in both criminal and civil cases
What is the cab-rank rule?
Where a barrister, if they have the time and skills, must accept the job they have been offered
Why is the cab-rank rule important?
Avoids situations where some people may not be able to get a barrister to represent them
Until what year was it that only solicitors could I trust barristers?
1989
Until what year could the public go directly to a barristers instead on instructing a solicitor first?
2003
What is public access?
When the public can directly go to a barrister
What must barristers fulfil before accepting public access work?
Practising for at least 3 years
Attending training course
Name 3 exceptions of public access?
Criminal
Family
Immigration work
Do barristers have to accept public access work?
They are inclined to not accept
What must a barrister consider if they agree to public access work?
That it is in the interests of the client and interest of justice for the case to proceed
How many barristers are employed rather than self employed?
About 3,000
What can barristers apply to become?
A queens counsel
How much do applicants pay to become a queens counsel initially?
£1,800
How much do applicants pay to become a queens counsel after £1,800?
£2,250 if successful
After a selection panel review the applications of barristers, what happens next?
The are interviewed
Advantages of successfully applying to be a queens counsel?
They gain an elevated status among their peers
Command higher fees
Junior barristers assist them
Wear silk rather than polyester gowns
What is the first step to complaining against a barrister?
they should speak to their solicitor if they had one and see whether they agree with the complaint
Where is the 2nd place to complain against barristers?
The bar council
How long should someone complain by to ten bar council?
Within 6 months
Who oversees the complaints process?
The complaints commissioner
Who is the current commissioner?
Michael Scott
Who is Micheal Scott?
A non-lawyer who is entirely independent from the bar council
What happens if the commissioner thinks that the complaint can be justified?
He will refer to the Professional Conduct and complaints committee for its opinion
What happens if the PCCC agree that the complaint is justified?
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
What does the PCCC assess?
The nature of the complaint
One example of a complaint?
Professional misconduct - leaving a case short noticed without a good reason or acting against clients interests
What can the bar council do with complaints against barristers?
Give advice
Order barrister to pay fee
Suspend barrister
Disbar - no longer practise
Another example of a complaint against a barrister?
Inadequate service - delay or rudeness towards the client
What can the bar council do about inadequate service?
Ask barrister to apologise or repay fees up to £5000
Where is he final appeal to complain against barristers?
Legal services ombudsman
What can a client do to a barrister?
Sue them for negligence
Up until what year did barista have immunity from liability?
2000
What case abolished the immunity of liability for barristers?
Arthur JS Hall and Co v Simons (2000)
