the legal profession

Question 1

solicitors

Answer 1

120,000 in England and Wales
87,000 in private practice
Controlled by the law society

Question 2

solicitor
qualifications

Answer 2

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

Question 3

solicitor
training

Answer 3

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

Question 4

solicitor
non degree qualification and training

Answer 4

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

Question 5

solicitor
non degree qualification and training
candidate must:

Answer 5

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

Question 6

solicitors work
private practice

Answer 6

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

Question 7

solicitors also work for:

Answer 7

CPS and government
as legal advisors in commercial or industrial businesses

Question 8

solicitors work
specialising

Answer 8

particular area of expertise - family law, commercial and business law, criminal law

Question 9

solicitors salary

Answer 9

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

Question 10

solicitors
conveyancing

Answer 10

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

Question 11

solicitors
rights of advocacy

Answer 11

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

Question 12

the law society

Answer 12

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

Question 13

complaints against solicitors

Answer 13

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

Question 14

complaints against solicitors
griffins v Dawson 1993

Answer 14

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)

Question 15

complaints against solicitors
white v jones 1995

Answer 15

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

Question 16

complaints procedure

Answer 16

run by law society - seen as inefficient and biased
2007 - created separate independent body - office for legal complaints

Question 17

office for legal complaints

Answer 17

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

Question 18

complaints procedure
legal ombudsman

Answer 18

applies to both solicitors and barristers
started in 2010
receive 7000 to 10,000 complaints a year

Question 19

complaints procedure
legal ombudsman
when a complaint is received …

Answer 19

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

Question 20

complaints procedure
legal ombudsman
example

Answer 20

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

Question 21

complaints procedure
solicitor’s regulation authority

Answer 21

Investigates complaints about misconduct
If there’s evidence of serious professional misconduct then they can put the case before the solicitors disciplinary tribunal

Question 22

complaints procedure
solicitor’s regulation authority
tribunal has the power to:

Answer 22

fine
reprimand
suspend
strike off

Question 23

barristers

Answer 23

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

Question 24

barrister
qualifications

Answer 24

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

Question 25

barrister
qualifications
bar vocation course includes:

Answer 25

case preparation
legal research
written skills and giving advice
drafting documents
conference skills
negotiation
advocacy

Question 26

barrister
training

Answer 26

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

Question 27

barrister
training
pupillage

Answer 27

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)

Question 28

barristers work

Answer 28

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

Question 29

barristers work
direct access

Answer 29

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

Question 30

barristers work
cab rank rule

Answer 30

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

Question 31

barristers work
employed barrister

Answer 31

employed by CPS
have full rights of audience in all courts

Question 32

complaints against barristers

Answer 32

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