Topic 4: The Legal Profession Flashcards
What are the 2 roles our legal professions are divided into
- Solicitors
* Barristers
What are the 3 stages of training?
1) Academic Stage
2) Vocational Stage
3) Professional Stage
How many Solicitors are practising in England and Wales?
120,000
Who deals with Solicitor complaints?
The Solicitors Regulation Authority
What’s the organisation that represents all Solicitors in England and Wales?
The Law Society
What are the 6 stages for a law degree?
1) A Levels
2) A qualifying law degree
3) The legal practice course
4) Training Contract
5) Qualified as a solicitor
6) Higher courts qualification
What’s the academic Stage to Solicitors training?
1) A Levels
2) A qualifying law degree
What is the Vocational Stage to Solicitors training?
The legal practice course
What is the professional Stage to Solicitors training?
Training contract
What does a Higher Courts qualification do?
Allows Solicitors to advocate in court (like Barristers)
What are the criticisms to the training of Solicitors?
- Financial Problems
- Training contracts
- Lack of legal knowledge
- Over-supply
How many Barristers are there in England and Wales?
12,000
Who represents Barristers?
The Bar Council
What are the 7 stages of becoming a Barrister?
1) A Levels
2) A qualifying law degree
3) Membership of an Inn of court
4) Bar professional training course
5) Called to the bar
6) The pupillage
7) Practice as a Barrister
What is the Academic Stage in training for Barristers?
1) A Levels
2) A qualifying law degree
What is the Vocational Stage to training of Barristers?
1) Membership of an Inn of court
2) Bar professional training course
What is the stage in Barrister training that we call the professional Stage?
The Pupillage
What 7 subjects do you study for the law degree?
- EU
- Property
- Contract
- Criminal
- Tort
- Public
- Equity and Trusts
What are the criticisms of Barrister training?
- Financial problems
- The quality of pupillages
- Lack of legal knowledge
- Over-Supply
Where/who can Solicitors work for?
- Crown Prosecution Service
- Provate Practice
- Government Department
What is specialising?
Where a solicitor specialises in an area of law (e.g. Mental health law)
What are the main roles of solicitor?
Interviewing clients Negotiation Drafting legal documents Writing letters Interviewing clients Drawing up wills Conveyancing Advocacy work in court
What is a certificate of advocacy?
Higher courts qualification
What is rights of audience?
The right to stand up in court for Solicitors
Where do Barristers work & how many work there?
Barristers chambers
10-15
What do Barristers do?
Give legal advice to Solicitors
Writing opinions on cases
Draft legal documents to use in court
Who is entitled to direct access?
Anyone bringing a civil case
Not allowed in criminal or family law cases
What is the cab rank rule?
Barristers cannot turn down a case (next in line)
What’s Queens Counsel?
Barristers can take on more complicated and high profile cases
Charge higher fees
What is joining to Queen’s Counsel known as?
Taking the silk
How does a client complain about a Solicitor?
1) Directly to the firm
2) The legal Ombudsman
3) Solicitors regulator authority
How does a client complain about a Barrister?
1) Head of chambers
2) Bar standards board
3) office for legal complaints
Why are women under represented?
History- men would do it Lack of flexible working hours Male dominated Long working hours Success is measured by working hours Pregnancy's Women won't push for promotion
Why are ethnic minorities under represented?
White dominated
HOWEVER does represent society, (more whites)
What’s fusion?
Merging Solicitors and Barrister into one profession (like America)
Arguments FOR fusion?
Reduced costs
Less duplication of work
More continuity as the same person could deal with a client
Arguments AGAINST fusion?
Decrease in specialist skills of advocacy
Loss objectivity in consideration of a case
Loss of the independent bar
Loss of ‘can rank’ rule
Who are legal Executives?
Work in Solicitors firms as Solicitors
What is the qualification process for Legal Execs?
1) work in an office for 5 years
2) professional diploma in Law
3) professional higher diploma in law
4) become a fellow of the Chartered Institute of Legal Execs
What are the 3 certificates that a legal exec can do?
Civil proceedings certificate
Criminal proceedings certificate
Family proceedings certificate
What’s the representative body for Legal Execs?
Chartered Institute of Legal Executives
What is the regulation & complaints body?
CILEx Regulation Board
What factors have changed the Legal Profession?
Alternative Business Structures (ABSs)
Technology
Globalisation
