Unit 1 - Legal Personnel

Question 1

How many barristers are there? What must they belong to?

Answer 1

There are about 12,700 barristers who are self-employed, +3000 who are employed.

They must belong to one of the four Inns of Court. The largest one is Lincoln’s Inn.

Question 2

What is the role of a barrister?

Answer 2

Have tenancy in chambers with about 15 barristers. Have full rights of audience and may be specialised.

Their role includes:
- Writing legal opinions
- Advice writing
- Drafting court documents
- Direct access barristers only for civil (not family) cases

Employed barristers have the same rights of audience

Question 3

What is the role of a solicitor?

Answer 3

To advise clients on legal matters and conduct interviews and negotiations. Write letters and draft documents. May have specialisms. Brief barristers.

Limited rights of advocacy - only in the lower courts unless solicitor advocate (Courts and Legal Services Act 1990).

Question 4

Alternative business structures

Answer 4

Legal Services Act 2007

• Legal businesses can include lawyers & non-lawyers.
• Solicitors & barristers
• Owned by non lawyers
• Can operate as companies if they have obtained a license to do so

Question 5

What are features of the King’s Counsel

Answer 5

Apply after 10 years’ experience as a barrister or solicitor advocate

Makes up 10% of practicing barristers

‘Taking silk’ - wear silk sash

If you aren’t a KC you are a junior and you assist the KC.

Work high profile cases for higher fees.

Question 6

Describe the role of a legal executive.

Answer 6

Work in solicitors’ firms as assistants, usually specialised in certain areas. There are approximately 20000 of these. They can become a solicitor by taking the SQE and are sometimes exempt from the training contract.

Their role is similar to a solicitor but more straightforward. They:
- Handle legal aspects of property transfers
- Draft wills
- Assist in creating companies
- Advise in family/criminal matters

Can make applications for civil matters in the county courts if the case is not defended. Can take courses for wider rights.

Question 7

Representative bodies for barristers and solicitors

Answer 7

Barristers: General Council of the Bar

Solicitors: The Law Society

These make their views known to appropriate government departments and promote views + business opportunities.

Question 8

Regulatory bodies for barristers and solicitors

Answer 8

Barristers: Bar Standards Board

Solicitors: Solicitors’ Regulation Authority

These set the training and entry standards along with the code of conduct. They investigate breaches and enforce sanctions.

Question 9

Representative & regulatory bodies for legal executives.

Answer 9

CILEx
- Education and training
- Sets code of conduct and good practice guides
- Promotes positivity and good practice

CILEx Regulation
- Ensures conformity to CILEx rules
- Investigates alleged breaches and enforce sanctions

Question 10

The Legal Ombudsman

Answer 10

Deals with complaints against the handling of complaints by the regulatory bodies.

• Apologise
• Return documents
• Correct mistake
• Refund/reduce legal fees
• Pay compensation