The Legal Profession Flashcards
What is the role of a barrister?
barristers provide legal advice and represent individual people or organisations in court.
How many practicing barristers are there in England and Wales?
there are around 16,500 barristers practicing in England and Wales including around 3000 employed by the CPS, local government and Civil Service.
Tell me any relevant information relating to how barristers operate and what they do
Defence barristers are self-employed and majority are based around the Old Bailey (the central criminal court of England and Wales)
They work in offices known as chambers where they must be a member of one of the four inns of court (Lincoln’s Inn, Inner Temple, Middle Temple, and Gray’s Inn)
There is no such thing as a self-employed prosecuting barrister, as the prosecution are employed, primarily by the CPS.
Barristers do not have a lot, if any, contact with clients.
They have the option to wear traditional wig s and gowns in court (pre 1998 they had no choice but to wear them)
Barristers focus on advocacy which is the presentation of evidence in court.
What is the role of a solicitor?
A solicitor is a qualified legal professional who provides expert legal advice and support to clients.
How many practicing solicitors are there in England and Wales?
There are 149,000 solicitors practicing in England and Wales.
Tell me any relevant information relating to how solicitors operate and what they do
around 75% of solicitors work in the private practice.
Solicitors can represent clients in court however most of the time they choose not to as advocacy is the barristers specialty.
Solicitors deal with all client communication.
Law firms where solicitors are bases are widespread across the country with the offices themselves ranging from high street practices to big national firms in city centers.
What is the significance of the Courts and Legal Services Act 1990 and the Access to Justice Act 1999
The implementation of these acts meant that there is now equal rights of audience between barristers and solicitors meaning both can represent in Court.
Solicitors acquired the full audience rights when they are admitted the role however they will only be able to exercise these on completion of a training period which is integrated in the PLC.
How is the legal profession regulated?
solicitors are regulated by the Solicitors Regulation Authority (SRA). The SRA is responsible for setting the rules and standards of solicitors, ensuring they comply with ethical rules, and investigating complaints about solicitors conduct.
Barristers are regulated by the Bar Standards Board (BSB). The BSB oversees the training, conduct and disciplinary matters related to barristers, ensuring they follow professional and ethical standards.
What do the Legal Services Board regulate?
Established by the Legal Services Act 2007, it is responsible for overseeing the work of the individual regulatory bodies (SRA and BSB)
They ensure that the regulatory framework is fair and that there is adequate protection for consumers of legal services and are responsible for monitoring the performance of these regulatory bodies and making sure they meet required standards of regulation.
what is the significance of The Legal Services Act 2007?
This act was a key reform that introduced a more independent and modern regulatory framework. It created the Legal Services Board and allowed for alternative business structures (ABS), enabling non-lawyers to own or invest in law firms. This increased competition in the legal services market and introduced new forms of legal service delivery.
What is the role of the Solicitors Disciplinary Tribunal (SDT)?
When complaints against solicitors or barristers are upheld, they can be taken to a Disciplinary Tribunal for formal hearings. The Solicitors Disciplinary Tribunal (SDT) hears disciplinary cases involving solicitors. The Bar Tribunals and Adjudication Service deals with disciplinary cases involving barristers. These tribunals have the power to impose penalties such as fines, suspension, or disbarment.
What is meant by codes of Conduct?
Both the SRA and the BSB have specific Codes of Conduct that lawyers must adhere to. These codes set out ethical and professional standards, covering issues like client confidentiality, conflicts of interest, and duties to the court. Breaches of these codes can lead to disciplinary action.
What is The Legal Ombudsman (LeO)?
The Legal Ombudsman is an independent body that handles complaints from consumers about poor service or misconduct by lawyers. While the SRA or BSB would handle professional misconduct, the LeO is there to address complaints from clients about service quality, such as delay, poor communication, or unprofessional behavior.
What is the significance of Training and Qualifications?
For solicitors, the training involves completing the Legal Practice Course (LPC) followed by a training contract at a law firm.
For barristers, they must complete the Bar Professional Training Course (BPTC) and then a one-year pupillage (practical training).
Can you tell me a little bit about Alternative Business Structures (ABS)?
As mentioned, the Legal Services Act 2007 introduced the concept of ABS, allowing non-lawyers (such as businesspeople or investors) to own or invest in law firms. This has led to changes in the regulation of the profession, as ABS law firms must be regulated by the SRA or the BSB depending on whether they are solicitors or barristers.
What is the judiciary?
The judiciary are the most experienced within the legal industry.
Their main role is to make a decision in respect of disputes,
present in both criminal and civil cases,
make decisions in a fair, unbiased way, and
apply the law and the legal rules of England and Wales.
They are divided into Superior and Inferior judges.
Can you explain the Hierarchy of Judges?
Superior Judges:
The Justices of Supreme Court sit in The Supreme Court.
Lord Justices of Appeal (for which there is 37)
Any Judge sitting in the High Court or above (Kings bench, Chancery, family)
Inferior Judge: Circuit Judges and below (County Court (civil division) and Crown Court) District Judge in the Magistrates’ and County Court.
