Solicitors & Barristers Flashcards
What is the professional Training route for Solicitors
1 year legal practice course
What is the Academic Training route for solicitors
- Law degree / one year professional examination
2. CILEX route
What is the Practical Training route for Solicitors?
2 year training contract with solicitor or CPS
What does CPS stand for?
Continuing Professional Development
How much CPD do Solicitors have to do a year?
16 hours annually
What are some of the AO2 of Solicitor training?
+ 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
Where can a Solicitor be employed?
+ Private Practice
+ Employed by local businesses or governments as an “in-house” solicitor
+ CPS
How do Solicitors deal with clients?
They deal with Clients directly
What kind of topics do Solicitors cover? (Give 3)
Matrimonial, Probate (wills), employment, conveyancing, medical negligence, criminal law
What courts do regular solicitors have rights of audience in?
Magistrates and County Court
What allows Solicitors to have rights of audience in the Crown Court
Only if it is a crown court appeal from a case that was started in the Magistrates Court
What court act created “Solicitor Advocates”?
Courts and Legal Services Act 1990
What makes Solicitor Advocates different to regular Solicitors? (Give 2)
+ Gave solicitors new advocacy rights
+ They may act in higher courts
+ Can become QC (Queen’s council)
Who regulates complaints against Solicitors? (Give 3)
\+ Internal Complaints Procedure \+ The Law Society \+ Office for Legal Complaints \+ Legal Ombudsman \+Solicitors' regulation authority
How does the Law Society regulate Solicitors?
It governs solicitors and sets the standard of professional conduct. Also maintains the “roll of solicitors” and can withdraw a practicing certificate.
What can Solicitors and Clients sue each other for?
Breach of Contract
What is the Academic training process of Barristers?
Law degree or non-law degree with a 1 year CPE
What is the Vocational training process of Barristers?
1 year bar training course and the applicant must join one of the four inns of court
What is the Practical training course of Barristers?
1 year pupillage (2 x 6 months)
What are some of the AO2 problems of Barrister training? (Give 3)
+ Lack of diversity; 82% of barristers attended Oxbridge
+ Variable quality of pupillages
+ The choice to become a barrister has to be made too early
What kind of work do Barristers do out of court?
Give written opinions and draft Legal Documents.
What courts do Barristers have rights of audience in?
All of them. Barristers can go in any court.
Where can Barristers work? (Give 3)
+ Employed (CPS, Criminal Defence Service) and salaried
+ Independent and Working alone
+ Self-employed in chambers
Do barristers have direct access to their clients?
No, they have to be briefed on a case by a solicitor
What is the Cab Rank Principle in relation to Barristers?
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
What is a “Queen’s Council” Barrister?
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.
What is the term for when a Barrister becomes a Queen’s Council member?
It is referred to as “taking silk”
What legal bodies handle the regulation of Barristers? (Give 3)
+ The Bar Council (main one)
+ Legal Services Complaints Commissioner
+ Bar Standards Board
+ Legal Services Ombudsman
Can a Barrister sue their client or vice versa?
No, because they don’t enter a contract. However Barristers can be still be sued for negligence in court.
