The legal profession

Question 1

Name the two branches of the legal profession

Answer 1

solicitors

barristers

Question 2

Kruse (2011)- the process of ‘lawyering’ proceeds through 3 levels

Answer 2

(1) identification of the appropriate rule and a determination of where it requires discretion or interpretation;
(2) analysis of the principles that underlie the rule, explaining its purpose or intent; and
(3) decision making within the constraints of those principles, which draws on deeper understandings of the role lawyers are meant to play in the legal system and in society

Question 3

Solicitors and barristers have key differences in what areas ?

Answer 3

• functions
• education
• regulation
• advertising
• some reform in the legal services regulation act 2015

Question 4

functions of a barrister

Answer 4

• Preparation of documents for court (pleadings
• advocacy
• negotiation / consultation
• many practice ‘ on circuit’
• ‘cab bank rule’
• access limited to ‘ direct professional access’
• no groups or ‘chambers’

Question 5

Functions of a solicitor

Answer 5

• In the vast majority of cases, a person with a legal problem must first consult a solicitor for legal advice
• Preparation of cases for court
• Solicitors may do business directly with the public
  -Courts and Court Officers Act 1995 & 2002 (can be judges)
• Courts Act 1971 (rights of audience-only really exercised in minor matters)
• Non-contentious’ business
  Conveyancing/wills
  Company/commercial/competition law

Question 6

Solicitors Acts 1954 – 2015;

Answer 6

complaints to Registrars Committee (Law Soc) or Disciplinary Tribunal of the Law Society (High Court);

Question 7

Civil Law (Miscellaneous Provisions) Act 2008

Answer 7

any Law Society committee dealing with disciplinary matters must have a majority of lay persons

Question 8

Legal Practitioners (Irish Language) Act 2008

Answer 8

Requirement to sit an Irish Exam now removed

Question 9

Abrahamson [1996]

Answer 9

students in the system entitled to rely on the legitimate expectation that they would be exempt from FE-1s

Question 10

Bloomer and Ors v Law Society [1995}

Answer 10

exemption for law graduates from the universities in the Republic of Ireland invalid (under EU Law)

Question 11

Courts and Court Officers Act 1995

Answer 11

no need for wigs

Question 12

The code of conduct for barristers

Answer 12

• confidentiality
• limitations on the amount of work taken on;
• taking instructions from solicitors;
• duty of barristers in court

Question 13

The Director of Public Prosecutions – Act 30. 3

Answer 13

• enforces criminal law on behalf of the people of Ireland
• directs/supervises public prosecutions on indictment
• direction and advice to the Gardaí on summary cases.
• appointed by Government but Civil Servant.

Question 14

Barrister’s education

Answer 14

1. Honorable Society of King’s Inn- since 2002 entrance exams for those with a qualifying law degree (or Diploma in Legal Studies)
   
   2. 1 year FT or 2 years PT (41% failure rate…!?!)
   3. Requirement to sit an Irish Exam now removed-Legal Practitioners (Irish Language) Act 2008 (Ireland
   4. ‘Keep commons’
   5. Successful completion = ‘called to the bar
   6. Law library
   7. ‘Devilling’ year (under a ‘Master’)- 12 month pupilage
   8. Junior and Senior Counsel - ‘taking silk’.

Question 15

Solicitors education

Answer 15

1. Need a university degree
   
   2. Pre-1995 exemptions from entrance exams (FE1s)for those with Irish law degrees
   3. Bloomer and Ors v Law Society [1995]- exemption for law graduates from the universities in the Republic of Ireland invalid (under EU
   4. Law Society stated everyone must sit FE-1s
   5. Abrahamson [1996] –students in the system entitled to rely on the legitimate expectation that they would be exempt from FE-1s
   6. FE1s → training contract → PPC 1 (14 weeks in LS, exam) → 11-month apprenticeship → PPC II (12 weeks; exam) → Final in-office training (10 months)
   7. Requirement to sit an Irish Exam now removed-Legal Practitioners (Irish Language) Act 2008