The Legal Profession

Question 1

What does the term legal profession mean?

Answer 1

Someone who develop, apply and advise a lay client on the law . Their activities are governed by regulatory bodies

Question 2

In England and Wales the legal profession is split into?

Answer 2

Solicitors and barristers( counsel)

Question 3

Which other professional is becoming increasingly important in legal work?

Answer 3

Chartered Legal Executives( can call themselves Fellows)

Question 4

Which Act sets out that certain legal services can only be provided by prescribed persons?

Answer 4

The Legal Services Act 2007

Question 5

Who are ‘ authorised persons’ found in schedule 4 of the Legal Services Act?

Answer 5

The law society- right if audience exercise, conduct litigation, reserved instrument activities, probate,administration of oaths
The General Council of the Bar- as above
The master of the faculties
The institute of chartered legal execs
The council for licenses conveyancers
The chartered institute of patent attorneys
And more in notes!

Question 6

What does it mean to have ‘ a right of audience’?

Answer 6

It means the right to appear before and address the court, including the right to call and examine witnesses.

Question 7

What does it mean by conducting litigation?

Answer 7

Issuing proceedings before any court in England and Wales
Commencement, prosecution, and defence of proceedings
Performance of ancillary functions e.g. Entering appearances to actions.

Question 8

What is the solicitors role?

Answer 8

General day to day running of the case
Conducting correspondence in negotiations and gathering evidence
Paperwork- conveyancing, drawing up contracts,probate work and legal advice.
Provide advocacy services in magistrates court and county court, but not generally in high court.

Question 9

What did the Courts and Legal Services Act 1990

Access to Justice Act 1999 allow?

Answer 9

It gave solicitors equal rights to audience alongside barristers if they completed additional training.
Those without additional training could appear in chambers matters in the high court( judge sits in office rather than court)

Question 10

Where do solicitors work?

Answer 10

Private practice or in house solicitors.

Question 11

What percentage of barristers are self employed?

Answer 11

82 %

Question 12

What is a barristers office called?

Answer 12

Chambers- a group of barristers working from the same office. They work in sets
Members of the set of barristers are known as tenants..

Question 13

Who can act as a business manager in a chamber?

Answer 13

The clerk- barristers contribute to the running of the chambers and the clerks salary.
They are responsible for allocating work to the individual barrister and negotiation of fees.

Question 14

Where do barristers receive the majority of their work?

Answer 14

From solicitors- the work is known as briefs and is accepted under the cab rank rule( they have to accept it as long as they are free to do so and it is their speciality and fees are reasonable.

Question 15

What did the Public Access Rules 2004 do?

Answer 15

It allowed members of the public to instruct a barrister personally- and not through solicitor.

Question 16

What does pro bono publico mean?

Answer 16

For the good of the people

Question 17

What are the challenges of barristers day to day work?

Answer 17

Demanding long days of preparation
Travelling to courts around the country
The uncertainties of being self employed such as receiving the next brief and payment.

Question 18

What can a barrister and solicitor become after 10 years of professional practice?

Answer 18

Queens Counsel( QC) referred to as silks.

Mostly barristers that become QCs
Those barristers that do not become QC are known as juniors who assist QCs in large cases.

Question 19

What year have solicitors been eligible for appointment as QC?

Answer 19

1995

Question 20

How are QCs appointed?

Answer 20

Since 2003, the appointments are the responsibility of the Bar Council and the Law Society.
It’s an open application process based on merit with references from judges, lawyers and clients.

Question 21

Who challenged the system of QC?

Answer 21

The Office of Fair Trading in 2001.
They claimed that it was elitist and should be abolished. The Bar council argued that the system was important for providing specialist, experienced barristers.

Question 22

What are Chartered Legal Executives?

Answer 22

They do similar work to solicitors but could be called paralegals.They are under the supervision of their employers.
They are cost effective and have lower salaries than solicitors- but could become a partner( alternative business structure)
The regulatory body is the chartered institute of Legal Executives.

Question 23

Can a legal executive become a judge?

Answer 23

Yes, under the Legal Services Act 2007, they can conduct litigation and become judges.
They can also do extra study to become a solicitor.

Question 24

What are licences conveyancers?

Answer 24

Provide services to the legal transfer of land.

The Courts and Legal Services Act 1990 stopped the solicitors monopoly on conveyancing

Question 25

What do claims management companies do?

Answer 25

Provide legal services such as litigation for PPI, road traffic accidents and personal injuries
The Compensation Act 2006 was set up to regulate claims that have no chance of success.

Question 26

Who has rights of audience in the higher courts( crown court, court of appeal, high court)?

Answer 26

Both solicitor advocates( solicitors taking additional qualification) and barristers.
The legal service act 2007 also states others can in specific circumstances such as an authorised employee representing their company.

Question 27

Can an individual litigant in person have rights of audience?

Answer 27

Yes, under the Lay Representatives ( rights of audience) order 1999 ) SI 1999/1225) allows lay representation at a small claims hearing.
The circumstances must be exceptional

Question 28

What is the case the relates to Litigants in Person?

Answer 28

McDonald’s Corporation and another v Steel and another [1997] EWHC QB 366

Steel and Morris were found to have not had a fair trial because of lack of legal aid and article 10 was violated.

Question 29

What are the three stages of training solicitors and barristers need to complete?

Answer 29

Academic
Vocational
Professional

Question 30

What is the vocational stage for solicitors?

Answer 30

The Legal Practice Course(LPC)

1 year full time. 2 years part time.

Question 31

What is the vocational stage for barristers?

Answer 31

An individual must join one of the four inns of court, inner temple, middle temple,grays inn and Lincoln inn.
They have to complete the Bar course aptitude test.
They then attend the Bar professional training course( BPTC) as well as attending 12 qualifying sessions( dinners where they get to speak and listen to experienced barristers)

Question 32

What year could women become lawyers?

Answer 32

1919, through the Sex Disqualification (Removal) Act 1919

Question 33

What does the Limited Liability Partnerships Act 2000 do?

Answer 33

Allows solicitors to use a variety of partnerships where the liabilities are limited to the amount invested in the business.

Question 34

Who are responsible for regulating the solicitors?

Answer 34

The solicitors Regulation Authority since 2007 following a split from the law society.

Question 35

Who regulates barristers?

Answer 35

The Bar standards Board( BSB)

Question 36

What is the legal services board?

Answer 36

Through the LSA 2007, an independent legal services board was created to oversee how existing professional bodies regulate the profession.
It has a duty to promote public/ consumer interest. Support access to justice, protect independence of legal profession. It has a statutory responsibility to the standards required of training and educating legal professionals.
It holds the BSB and SRA to account , it can set targets, if they are not met can remove or regulate authorisation.

Question 37

Why did Sir David Clementi conduct a review?

Answer 37

There was criticism and complaints regarding the large solicitors fees taken from minors compensation for respiratory disease and vibration white finger whilst working for the national coal industry.
He conducted a review over the inconsistencies of the complaints system.

Question 38

What was the outcome of the Clementi report?

Answer 38

The creation of the legal ombudsman in 2010.
It’s role is to investigate and resolve complaints about the service provided by lawyers.
Free service
Complaints need to first go directly to the clients lawyer but if unresolved then it goes to the ombudsman.

Question 39

What questions does the ombudsman ask?

Answer 39

Was the information clear?

Did the lawyer treat the client fairly?

Did the lawyer allow the client to make an informed choice by keeping them advised all the time!

Question 40

What remedies can the legal ombudsman offer?

Answer 40

An apology
Refund of fees paid
£30,000 compensation

If a complaint can’t be informally resolved, the ombudsman will impose a decision.

If there are repeated complaints against a lawyer- the ombudsman can name and shame the lawyer.

Question 41

Do lawyers have immunity from liability for work connected with the conduct of the case in court?

Answer 41

No,
This principle was shown in Arthur JS Hall & Co v Simons [2000] 3 WLR 543
( they can now be sued for negligence for breaching standard of care expected of such professionals)

Question 42

What did the Welsh Language Act 1993 do?

Answer 42

Any person involved in a legal case can choose to speak in English or Welsh

Question 43

What did the Legal Disciplinary Practice 2009 allow?

Answer 43

That 5% of partners can be non lawyers and share ownership and legal practice.
E.g. Halifax, cooperative, and AA.