Solicitors & Barristers Flashcards
Describe the role of solicitors
Solicitors work in firms, both big and small, and can also work in the local councils of the government. The Crown Prosecution Service (CPS) is also an employer of solicitors. There are 3 tiers of solicitor: the trainee, who is unqualified and on a training contract, the assistant solicitor, who is fully qualified, and the partner, who is the most senior and experienced type of solicitor. A solicitors general work consists of: advising clients on legal matters, arranging divorces, conveyancing, drafting wills and advocacy in the lower courts. They can also brief barristers and ask for their opinion on legal matters that are more complex. Solicitors tend to specialise in different areas of law rather than just one. Clients are able to make direct contact with the solicitor, making it cheaper for the client. Fees are charged according to the solicitors’ status.
Discuss how solicitors are regulated
Solicitors are regulated by the Solicitors Regulation Authority. A dissatisfied client can make a complaint for a number of reasons including for overcharging, delays, poor service, rudeness and unprofessionalism. The client would firstly complain to the Law Firm itself, who can reduce the charges, improve the service, and apologise. This is often successful, however, if the client is still not satisfied, the complaint can be passed to the Solicitors Regulation Authority, which was created by the Legal Services Act 2007. They can: order the firm to reduce the bill, reprimand a solicitor, and for serious misconduct, refer the client to the Solicitors Disciplinary Tribunal, where they are will hold a hearing and have the power to fine a solicitor, suspend or strike them off all together. If the client is still not satisfied, they can complain to the Legal Services Ombudsman, who can tell the SRA to reconsider or order compensation of up to £30,000.
Describe how role of barristers
Barristers work in chambers, which refer to the offices where they work together. They are self-employed. Some barristers work in the local government or in large private companies. The CPS employs barristers to prosecute cases in the criminal courts. These are 3 tiers of barristers: the pupil, who is unqualified and on a training pupilage, the junior barrister, who is fully qualified, and the Queens Counsel (Q.C.), who is the most senior barrister with at least 10 years of experience. A barrister’s general work consists of: advocacy in the superior courts, rights of audience in the lower courts, and drafting legal documents. A barrister will tend to specialise in one or more areas of law, and is not often directly approached by clients; a solicitor usually refers the client.
Discuss how barristers are regulated
Barristers are regulated by the Bar Standards Board, which was created by the Bar Council. A dissatisfied client can make a complaint for a number reasons including for overcharging, delays, poor service, rudeness, and unprofessionalism. The client would firstly complain to the barristers’ chambers, who can reduce the charges, improve the service, and apologise. If the client is still not satisfied, the complaint can be passed onto the Bar Standards Board, who will investigate and consider whether the fees should be reduced. If the complaint is for something serious, the client would be referred to the Disciplinary Tribunal. They can give advice, warn the barrister about their behaviour, and even suspend the barrister for up to 12 months. If the client is still not satisfied, the Legal Services Ombudsman can tell the BSB to reconsider the complaint or order compensation of up to £30,000.
