the legal profession Flashcards
solicitors
120,000 in England and Wales
87,000 in private practice
Controlled by the law society
solicitor
qualifications
Usual to have a law degree (can have an alternate degree) and then complete:
- A further year training and
- Complete the common professional exam or graduate diploma in law
Candidates then have to complete the legal practice course – practical course that focuses on skills like client interviewing, negotiation, drafting documents and legal research
solicitor
training
Once the LPC has been the completed the candidate must:
- Obtain and complete a training contract at a solicitors/ CPS / government legal department – for 2 years where they gain practical experience
- Complete a 20 days professional skills course that builds on the LPC
- Candidates are paid whilst completing a training contract but pay is limited
- Once all of this has been passed the candidate becomes a solicitor and is entered into the roll by the law society
- Continuous CPD is necessary
solicitor
non degree qualification and training
This route is much longer than the degree route and there are very limited opportunities
Candidates must be ‘mature’ – over 25 and hold GCSE passes
solicitor
non degree qualification and training
candidate must:
Must be part of the institute of legal executives and completed a professional diploma and
Work in a solicitors for 2 years
Then be admitted as a fellow legal executive and work in a solicitors office for 5 years
Complete LPC – 1 year full time/2 years part time
2 year training period and then pass final exams
solicitors work
private practice
Over 10000 firms
Firms run by partners and may have other assistant solicitors working for them
Small firms will deal with a wide range of general work
Solicitors will spend much of their time:
Interviewing clients and paperwork – conveyancing, drafting documents (wills/contracts), working in court on the behalf of a client
solicitors also work for:
CPS and government
as legal advisors in commercial or industrial businesses
solicitors work
specialising
particular area of expertise - family law, commercial and business law, criminal law
solicitors salary
Can earn anything from £500000 in large city firms and between £30,000 and £40,000 in high street solicitors
Solicitors bill by the hour
solicitors
conveyancing
legal side of transferring property
Before administration of justice act 1985 – only solicitors allowed to do it
Reduced fees for the public – now more competition
solicitors
rights of advocacy
are able to be advocates and speak on behalf on clients in magistrates or county courts
no real rights even in crown court unless it is for a committal for a sentence
Solicitors don’t work in high courts or above unless it is to read out statements or carry out straight forward tasks related to the case – even this wasn’t allowed until Abse v Smith which create the practice direction 1986
Advocacy work in these higher courts are through barristers unless the solicitor completes a certificate if advocacy (courts and legal service act 1990)
The certificate of advocacy allows solicitors to be advocates in crown and high courts however the majority of work is still done by barristers
the law society
Governing body of solicitors
Head of council selected by solicitor members
Head of council is called president and is elected each year
Law societies powers come from solicitors act 1974 and sets out rules for training of solicitors and the disciplinary procedure
complaints against solicitors
solicitor deals direct with client and enters a contract with them so:
- if the client fails to pay the solicitors fees then the solicitor will sue
- if the solicitor fails to do what they have been asked to do, the client can sue the solicitor for breach of contract or negligence
- other people affected by the solicitors negligence may be able to sue
complaints against solicitors
griffins v Dawson 1993
solicitor had failed to make the correct application in a divorce proceeding, the claimant then lost financially, the solicitor then had to pay compensation (£21,000)
complaints against solicitors
white v jones 1995
a father wrote a letter asking for his will to be altered so that his daughters each received £9000 – he died 2 months later and they hadn’t changed his will. The daughters each received nothing and were able to sue the solicitors for £9000
complaints procedure
run by law society - seen as inefficient and biased
2007 - created separate independent body - office for legal complaints
office for legal complaints
Created by legal services act 2007
Independent non lawyer chairman
Set up a legal ombudsman to deal with complaints about poor service by solicitors and other legal professionals
complaints procedure
legal ombudsman
applies to both solicitors and barristers
started in 2010
receive 7000 to 10,000 complaints a year
complaints procedure
legal ombudsman
when a complaint is received …
When a complaint is received it will look at the case and weigh up on both sides, if it agrees with the client that the solicitors service has been poor it asks the solicitor to:
- Apologise to the client
- Give back any documents the client might need
- Put things right if possible
- Refund or reduce legal fees or pay compensation of up to £30,000
complaints procedure
legal ombudsman
example
Lack of evidence – Mr Y hired a solicitor for a court hearing but they didn’t show up. When Mr Y complained they said they hadn’t been paid
Outcome – solicitors failure to attend the hearing was unreasonable because the evidence suggested that Mr Y had paid them
complaints procedure
solicitor’s regulation authority
Investigates complaints about misconduct
If there’s evidence of serious professional misconduct then they can put the case before the solicitors disciplinary tribunal
complaints procedure
solicitor’s regulation authority
tribunal has the power to:
fine
reprimand
suspend
strike off
barristers
12,000 in independent practice
3000 employed by organisations – CPS, civil services
Majority are white male and 70% are private school educated
Women and ethnic minorities are fewer
Called ‘the bar’
Controlled by general council of the bar
Must be a member of an ‘inn’ of court in London
- Lincoln inn
- Inner temple
- Middle temple
- Gray’s inn
barrister
qualifications
Majority qualify through a law degree
Can take the one year conversion course after another degree – CPE & GDL
students must take the bar vocation course
They must then study their areas of specialisation such as civil litigation or criminal litigation
Students must then dine at the in 12 times before being called to the bar as a fully qualified barrister
barrister
qualifications
bar vocation course includes:
case preparation
legal research
written skills and giving advice
drafting documents
conference skills
negotiation
advocacy
barrister
training
Once students have been called to the bar they are then qualified barristers however they still have to complete pupillage before being allowed to practice
barrister
training
pupillage
On the job training where they have to shadow a barrister for 12 months
Have to complete the CPD set out by the bar council
After 6 months, pupils can start appearing in court with their own cases
During their pupillage they are paid a very small amount (much less than trainee solicitors)
barristers work
usually self employed
work for a set of chambers with 15-20 other barristers (share admin staff)
most focus on advocacy but some work on tax/company law and rarely go into court
barristers work
direct access
Bar direct – allows anyone to go directly to a barrister for their help
Created in 2004 because it was considered very expensive for individuals to have to go to a solicitor first
Not allowed for criminal cases and it has to go through the solicitor first
barristers work
cab rank rule
A system where the barrister can’t turn down a case if it is in the area of law where they specialise
However if a client goes to them directly without a solicitor then they have the right to turn it down
barristers work
employed barrister
employed by CPS
have full rights of audience in all courts
complaints against barristers
barrister is not in a direct contract with a client. Therefore the client cannot sue for breach of contract nor can the barrister sue directly for unpaid fees etc
However a Barrister can be sued for negligence - Saif Ali v Sydney Mitchell 1980 - if a barrister gives incorrect advice and it is detrimental to the case the client can sue for negligence
