Topic 4: The Legal Profession

Question 1

What are the 2 roles our legal professions are divided into

Answer 1

• Solicitors

* Barristers

Question 2

What are the 3 stages of training?

Answer 2

1) Academic Stage
2) Vocational Stage
3) Professional Stage

Question 3

How many Solicitors are practising in England and Wales?

Answer 3

120,000

Question 4

Who deals with Solicitor complaints?

Answer 4

The Solicitors Regulation Authority

Question 5

What’s the organisation that represents all Solicitors in England and Wales?

Answer 5

The Law Society

Question 6

What are the 6 stages for a law degree?

Answer 6

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

Question 7

What’s the academic Stage to Solicitors training?

Answer 7

1) A Levels

2) A qualifying law degree

Question 8

What is the Vocational Stage to Solicitors training?

Answer 8

The legal practice course

Question 9

What is the professional Stage to Solicitors training?

Answer 9

Training contract

Question 10

What does a Higher Courts qualification do?

Answer 10

Allows Solicitors to advocate in court (like Barristers)

Question 11

What are the criticisms to the training of Solicitors?

Answer 11

• Financial Problems
• Training contracts
• Lack of legal knowledge
• Over-supply

Question 12

How many Barristers are there in England and Wales?

Answer 12

12,000

Question 13

Who represents Barristers?

Answer 13

The Bar Council

Question 14

What are the 7 stages of becoming a Barrister?

Answer 14

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

Question 15

What is the Academic Stage in training for Barristers?

Answer 15

1) A Levels

2) A qualifying law degree

Question 16

What is the Vocational Stage to training of Barristers?

Answer 16

1) Membership of an Inn of court

2) Bar professional training course

Question 17

What is the stage in Barrister training that we call the professional Stage?

Answer 17

The Pupillage

Question 18

What 7 subjects do you study for the law degree?

Answer 18

• EU
• Property
• Contract
• Criminal
• Tort
• Public
• Equity and Trusts

Question 19

What are the criticisms of Barrister training?

Answer 19

• Financial problems
• The quality of pupillages
• Lack of legal knowledge
• Over-Supply

Question 20

Where/who can Solicitors work for?

Answer 20

• Crown Prosecution Service
• Provate Practice
• Government Department

Question 21

What is specialising?

Answer 21

Where a solicitor specialises in an area of law (e.g. Mental health law)

Question 22

What are the main roles of solicitor?

Answer 22

Interviewing clients
Negotiation
Drafting legal documents
Writing letters
Interviewing clients
Drawing up wills
Conveyancing
Advocacy work in court

Question 23

What is a certificate of advocacy?

Answer 23

Higher courts qualification

Question 24

What is rights of audience?

Answer 24

The right to stand up in court for Solicitors

Question 25

Where do Barristers work & how many work there?

Answer 25

Barristers chambers

10-15

Question 26

What do Barristers do?

Answer 26

Give legal advice to Solicitors
Writing opinions on cases
Draft legal documents to use in court

Question 27

Who is entitled to direct access?

Answer 27

Anyone bringing a civil case

Not allowed in criminal or family law cases

Question 28

What is the cab rank rule?

Answer 28

Barristers cannot turn down a case (next in line)

Question 29

What’s Queens Counsel?

Answer 29

Barristers can take on more complicated and high profile cases

Charge higher fees

Question 30

What is joining to Queen’s Counsel known as?

Answer 30

Taking the silk

Question 31

How does a client complain about a Solicitor?

Answer 31

1) Directly to the firm
2) The legal Ombudsman
3) Solicitors regulator authority

Question 32

How does a client complain about a Barrister?

Answer 32

1) Head of chambers
2) Bar standards board
3) office for legal complaints

Question 33

Why are women under represented?

Answer 33

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

Question 34

Why are ethnic minorities under represented?

Answer 34

White dominated

HOWEVER does represent society, (more whites)

Question 35

What’s fusion?

Answer 35

Merging Solicitors and Barrister into one profession (like America)

Question 36

Arguments FOR fusion?

Answer 36

Reduced costs
Less duplication of work
More continuity as the same person could deal with a client

Question 37

Arguments AGAINST fusion?

Answer 37

Decrease in specialist skills of advocacy
Loss objectivity in consideration of a case
Loss of the independent bar
Loss of ‘can rank’ rule

Question 38

Who are legal Executives?

Answer 38

Work in Solicitors firms as Solicitors

Question 39

What is the qualification process for Legal Execs?

Answer 39

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

Question 40

What are the 3 certificates that a legal exec can do?

Answer 40

Civil proceedings certificate
Criminal proceedings certificate
Family proceedings certificate

Question 41

What’s the representative body for Legal Execs?

Answer 41

Chartered Institute of Legal Executives

Question 42

What is the regulation & complaints body?

Answer 42

CILEx Regulation Board

Question 43

What factors have changed the Legal Profession?

Answer 43

Alternative Business Structures (ABSs)
Technology
Globalisation