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LAW-The Legal Profession > Solicitors Work > Flashcards

Solicitors Work Flashcards

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1
Q

Where will the majority of those who succeed in qualifying as a solicitor work for ?

A

will work for private practise in a solicitors firm

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2
Q

For those who do not go to work for private practise in a solicitors firm where will they go? (3)

A

may go to work in the Crown Prosecution Service or for a local authority or government department

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3
Q 
For those who do not go to work for
-a solicitors firm
-CPS
-Local authority 
-government department 
What will they become and do?
A

legal advisors in commercial or industrial businesses

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4
Q

How many employed solicitors are there in commercial or industrial businesses?

A

30,000

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5
Q

What 2 things may a solicitor in private practise work as ?

A
  • sole practitioner

- partnership

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6
Q

How many firms of solicitors are there ranging from ‘high street’ practise to the big city firms?

A

10,000

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7
Q

How many partners do some of the biggest firms have?

A

over a hundred

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8
Q

What general process work would usually be involved a small high street firm? (3)

A

advising clients on a whole range of topics such as consumer problems, housing and business matters

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9
Q

What would a solicitor in a small high street firm spend some of his time doing? (3)

A

Interviewing clients in his office
negotiating on clients behalf
paperwork

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10
Q

What time of paperwork would be involved for a solicitor in a small high street firm? (4)

A
  • Writing letters on behalf of clients
  • drafting contacts, leases or other legal documents
  • drawing up wills
  • dealing with conveyancing
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11
Q

What is dealing with conveyancing?

A

the legal side of buying and selling flats, houses, office buildings and land

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12
Q

What is advocacy?

A

standing up in court putting the clients case and questioning witnesses

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13
Q

Although some solicitors may be general practitioners who handle a variety of work, what is it not unusual for even small firms to have ?

A

to have solitaires who are specialised in a particular field

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14
Q

What 2 aspects of law do large city firms usually concentrate on?

A

business and commercial law

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15
Q

what are top earners on big firms usually on £?

A

£500,000

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16
Q

What is the bottom scale for some sole practitioners ?

A

earning less than £30,000

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17
Q

Prior to what year did solicits have a monopoly on conveyancing?

A

1985

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18
Q

What did it mean that prior 1985 solicitors had a monopoly on conveyancing?

A

this meant that only solicitors could deal with the legal side of transferring houses and other buildings and land

19
Q

What changed the solicitors monopoly on conveyancing prior 1985?

A

the Administration of Justice Act 1985

20
Q

What did the Administration of Justice Act 1985 do?

A

this allowed people other than solicitors to become licensed conveyancers

21
Q

What was a result to solicitors from the Administration of Justice Act 1985?

A

they had to reduce their fees due to the increased competition in the area and lost a large proportion of their work

22
Q

What led to a demand for wider rights of advocacy?

A

the effects Administration of Justice Act 1985 which caused a lose of work and a reduction in fees for solicitors in conveyancing

23
Q

Where have all solicitors always been able to as advocates ?

A
  • Magistrates Court

- County Courts

24
Q

When could a solicitor only act as an advocate in the Crown Courts?

A

only when on an appeal or a plea of guilty, they could not represent their client in a trial

25
Q

Until 1986 what did solicitors have no rights to in the High Court ?

A

Had no rights of audience in open court in the High Court

26
Q

Although solicitors had no rights of audience in open court in the High Court , what could that do?

A

could deal with preliminary matters in preparation of a case

27
Q

What case emphasised the lacks of rights of audience?

A

Abse v Smith (1986)

28
Q

What happened in the case of Abse v Smith 1986?

A

two members of Parliament were contesting a libel action. They came to can agreed settlement but the solicitor for one of them was refused permission by the judge to read out the terms of that settlement in open court

29
Q

Following the case of Abse v Smith 1986 what did the Lord Chancellor and senior in each division of the High Court do?

A

they issued a Practise Direction allowing solicitors to appear in the High Court to make a statement in a case that has been settled

30
Q

When was the first major alteration to solicitors’ rights of audience?

A

in the Courts and Legal Services Act 1990

31
Q

What did the Courts and Legal Services Act 1990 do?

A

a solicitor in private practise had the right to apply for a certificate of advocacy which enabled them to appear in the higher courts

32
Q

When was a certificate of advocacy given? (3)

A

if the solicitor already had experience of advocacy in the Magistrates’ Court and the County Court

  • took a short training course
  • passed examinations on the rules of evidence
33
Q

When were the first certificate of advocacy granted?

A

1994

34
Q

by 2012 who many solicitors had been qualified as advocates in the higher court?

A

6,000

35
Q

What did the Access to Justice Act 1999 s36 provide?

A

this provided that all solicitors will automatically be given full rights of audience

36
Q

What Act provided that all solicitors will automatically be given full rights of audience

A

Access to Justice Act 1999 s36

37
Q

What is an LDP?

A

Legal Disciplinary Practises

38
Q

What Act had provisions to allow solicitors to form partnerships with other professions such as accountants?

A

s66 of the Courts and Legal Services Act 1990

39
Q

What provisions did s66 of the Courts and Legal Services Act 1990 allow?

A

this allowed solicitors to form partnerships with other professions such as accountants

40
Q

What did s66 of the Courts and Legal Services Act 1990 through allowing solicitors to form partnerships with other professions such as accountants, give clients ?

A

this gave clients a wider range of expertise and advice in a ‘one-stop-shop’

41
Q

What Act allows Legal Disciplinary Practises up to 25% of partners in a firm to be non-lawyers ?

A

the Legal Service Act 1007

42
Q

As well as allowing LDP’s up to 25% of partners in a firm to be non-lawyers, what else does the Legal Service Act 2007 allow?

A

also allows Alternative Business Structures

43
Q

What does it mean by an Alternative Business Structure , allowed by the Legal Service Act 2007?

A

this means that instead of having to be a praetorship solicitors can form companies which do not have to e owned by solicitors

LAW-The Legal Profession (12 decks)

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