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AS Law > Solicitors & Barristers > Flashcards

Solicitors & Barristers Flashcards

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0
Q

What is the professional Training route for Solicitors

A

1 year legal practice course

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1
Q

What is the Academic Training route for solicitors

A
  1. Law degree / one year professional examination

2. CILEX route

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2
Q

What is the Practical Training route for Solicitors?

A

2 year training contract with solicitor or CPS

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3
Q

What does CPS stand for?

A

Continuing Professional Development

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4
Q

How much CPD do Solicitors have to do a year?

A

16 hours annually

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5
Q

What are some of the AO2 of Solicitor training?

A

+ Cost
+ Non-Law graduates only get one year of Law
+ Too many LPC students and not enough training contract places
+ Few female solicitors are partners of firms

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6
Q

Where can a Solicitor be employed?

A

+ Private Practice
+ Employed by local businesses or governments as an “in-house” solicitor
+ CPS

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7
Q

How do Solicitors deal with clients?

A

They deal with Clients directly

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8
Q

What kind of topics do Solicitors cover? (Give 3)

A

Matrimonial, Probate (wills), employment, conveyancing, medical negligence, criminal law

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9
Q

What courts do regular solicitors have rights of audience in?

A

Magistrates and County Court

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10
Q

What allows Solicitors to have rights of audience in the Crown Court

A

Only if it is a crown court appeal from a case that was started in the Magistrates Court

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11
Q

What court act created “Solicitor Advocates”?

A

Courts and Legal Services Act 1990

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12
Q

What makes Solicitor Advocates different to regular Solicitors? (Give 2)

A

+ Gave solicitors new advocacy rights
+ They may act in higher courts
+ Can become QC (Queen’s council)

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13
Q

Who regulates complaints against Solicitors? (Give 3)

A 
\+ Internal Complaints Procedure
\+ The Law Society
\+ Office for Legal Complaints
\+ Legal Ombudsman
\+Solicitors' regulation authority
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14
Q

How does the Law Society regulate Solicitors?

A

It governs solicitors and sets the standard of professional conduct. Also maintains the “roll of solicitors” and can withdraw a practicing certificate.

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15
Q

What can Solicitors and Clients sue each other for?

A

Breach of Contract

16
Q

What is the Academic training process of Barristers?

A

Law degree or non-law degree with a 1 year CPE

17
Q

What is the Vocational training process of Barristers?

A

1 year bar training course and the applicant must join one of the four inns of court

18
Q

What is the Practical training course of Barristers?

A

1 year pupillage (2 x 6 months)

19
Q

What are some of the AO2 problems of Barrister training? (Give 3)

A

+ Lack of diversity; 82% of barristers attended Oxbridge
+ Variable quality of pupillages
+ The choice to become a barrister has to be made too early

20
Q

What kind of work do Barristers do out of court?

A

Give written opinions and draft Legal Documents.

21
Q

What courts do Barristers have rights of audience in?

A

All of them. Barristers can go in any court.

22
Q

Where can Barristers work? (Give 3)

A

+ Employed (CPS, Criminal Defence Service) and salaried
+ Independent and Working alone
+ Self-employed in chambers

23
Q

Do barristers have direct access to their clients?

A

No, they have to be briefed on a case by a solicitor

24
Q

What is the Cab Rank Principle in relation to Barristers?

A

A rule for barristers that states that they must take the next case that comes along, regardless of the client or case material, to ensure everyone gets fair legal representation

25
Q

What is a “Queen’s Council” Barrister?

A

A top-level barrister who can sit on the front bench of court, no longer has to draft pleadings, and can wear a silk gown.

26
Q

What is the term for when a Barrister becomes a Queen’s Council member?

A

It is referred to as “taking silk”

27
Q

What legal bodies handle the regulation of Barristers? (Give 3)

A

+ The Bar Council (main one)
+ Legal Services Complaints Commissioner
+ Bar Standards Board
+ Legal Services Ombudsman

28
Q

Can a Barrister sue their client or vice versa?

A

No, because they don’t enter a contract. However Barristers can be still be sued for negligence in court.

AS Law (11 decks)

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