U1A: Solicitors Flashcards
How many solicitors are there working in England and Wales?
-About 136,000 solicitors
What is the degree route to be qualified as a Solicitor?
1) A law degree OR a degree in another subject with Graduate Diploma in Law (GDL)
2) Legal Practice Course- one-year full time/ two years part-time OR SQE
3) Two years training period
What is the SQE?
-The CENTRALISED assessment for those who want to qualify as a solicitor in England and Wales.
-A set of examinations
- Two parts: SQE1 + SQE2
What is the ILEX route to be qualified as a Solicitor?
1) Institute of Legal Executives Professional Diplomas
2) Worked for 2 years in a solicitor’s office
3) Be admitted as a Fellow of ILEX (must be over 25 and have worked for five years in a solicitor’s office)
4) Legal Practice Course- one-year full time/ two years part-tim
5) 2 year training period + pass final exams
What does the LPC train skills of?
-Client-interviewing
-Negotiation
-Advocacy
-Business Management eg keeping accounts
What is the two-year training contact typically referred as?
-A training contract
How can a training contract be obtained/When are they sought?
-Obtained in a solicitor’s firm by the individual
-Places = very competitive
-Most students start applying for schemes which lead to a training contract in the SECOND year of their degree
What are the types of practice for Solicitors?
-Private practise: solictor’s firm
-CPS/Government Department
-Commerical/ business ‘in-house’
How many solicitor firms are there around about?
-10,300 firms
What are some jobs solicitors in a high-street firm may be expected to do?
WILL:
-Interview clients
-Negotiate on the behalf of clients
PAPER WORK SUCH AS:
-Writing letters
-Drafting documents EG: wills
-Dealing with conveyancing
What is the Rights of Advocoacy and what Act is this implemented in?
-Courts and Legal Services Act 1990
-WHERE:
solicitors allowed to apply for a certificate of advocacy to conduct cases in the higher courts.
What must solicitors do to qualify for Rights of Advocacy?
-Must have experience of advocacy in the lower courts, take a course and pass examinations to be able to do so
What is the governing body of solictors called?
-The Law Society
What do the Law Society do?
-Support the interests of solictors
What is the complaints procedure for solicitors?
1) Complain to solicitor’s firm
IF NOT RESOLVED:
2) Solicitors Regulatory Authority (deals with complaints about the professional misconduct of solicitors)
3) SRA investigate
IF THEY FEEL THERE IS A CASE:
4) Solicitors’ Disciplinary Tribunal
What may be the outcome of a Solicitors’ Disciplinary Tribunal?
-They can fine, reprimand or suspend the solicitor
-In very serious cases, a solicitor can be struck off
What court can be used for suing solicitors and using what type of law?
-Can be sued in the civil courts using the law of contract OR sometimes negligence
What is a CASE EXAMPLE for solicitors being sued for negligence AND what happened?
-Griffiths V Dawson
-Solicitors failed to make the correct application in divorce proceedings
Can people other than the client of the solicitor sue?
-YES: in some circumstances
What is a case example for when someone OTHER than the client sued + what happened?
-White v Jones
-Daughter of client sued for a solictor who had not made the will of client
