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The Legal Profession
Law Unit 1
| Question | Answer |
|---|---|
| What's the difference between solicitors and barristers? | Solicitors have the rights to conduct litigation and barristers have the rights of audience (advocacy) |
| How many independent bars are there for barristers? | About 12,700 |
| Where are barristers employed? | Crown Prosecution Service, Civil Service, local gov. or 'in house' |
| Who controls barristers? | The General Council of the Bar |
| Name the four Inns of Courts that barristers belong to | Lincoln's Inn, Inner Temple, Middle Temple, Gray's Inn |
| What's the academic stage for a barrister? | Law degree or a non law degree; graduate diploma in law (GDL) or common professional examination (CPE) |
| What's the vocational stage for a barrister? | BPTC--->Inn-->Call--->Pupillage--->Tenancy |
| Explain the Bar Professional Training Course | -It's for 1 year -Case preparation, legal research, opinion writing, drafting documents, interviewing clients, negotiation and advocacy. |
| Explain the Inn | -Whilst doing the BPTC they must join one of the Inns of Court -Must have 12 qualifying sessions |
| Explain Call | Barristers are then ‘called to the Bar’ |
| Explain Pupillage | -‘On the job’ training – small salary -Shadow a qualified barrister -On 12 months, or 2 six months – can represent in court after first 6 |
| Explain Tenancy | -Gaining a permanent position in Chambers -This is self employed usually |
| What are the roles of a barrister? | -Tenancy in chambers -Advocacy -Paperwork |
| Explain Tenancy in chambers | -Administration fee -Most have 15-20 chambers |
| Explain Advocacy | -Full rights of audience -Some specialists, such as tax rarely go to court |
| Explain Paperwork | -Writing legal opinions -Advice writing -Drafting court documents |
| What are Direct Access Barristers | -Used to have to go to a solicitor first -No longer necessary for civil cases, but mostly still happens -Not allowed in criminal or family -Barristers need extra training for this |
| How many solicitors are practicing ? | 130,000 |
| How many solicitors are in private practice (firms)? | 90,000 |
| What's the academic stage for solicitors? | Law degree or non law degree; Graduate Diploma in law (GDL) or Common Professional in Law (CPE) |
| What's the vocational stage for a solicitor? | LPC--->Training Contract--->Admitted |
| Explain LPC (Legal Practice Course) | -1 year -Client interviews,advocacy, drafting, research, negotiation, as well as business management |
| Explain Training Contract | -Work in a firm for 2 years -Work experience |
| Explain Admitted | Admitted to Roll of solicitors by the Law Society |
| What are the roles of a solicitor? | -Advise clients on any subject matter -Interviews -Paperwork -May have specialism -Briefing barristers -Conveyancing -Rights of advocacy |
| Explain Paperwork | -Writing letters -Drafting documents |
| Explain Specialism | Specialised firm or individual |
| Explain Conveyancing | -Only solicitors could do this -Administration of Justice Act 1985: now have licensed conveyancers who aren't solicitors |
| Explain Rights of Advocacy | -In Magistrates and County courts -Limited rights in higher courts -Until the Courts and Legal Services Act 1990 -Can now apply for certificate of advocacy but must be an experienced advocate in lower courts, take a course and pass an exam |
| What is the Queens Counsel? | -Can apply after 10 years experience as barrister or solicitor advocate -10% of practising barristers are QCs -‘Taking silk’ -If you aren’t QC then you are a junior -Take on the more high profile cases -Higher fees -Usually have junior to assist |
| Where do Legal Executives work? | In solicitors firms as assistants |
| Where do Legal Executives specialise in? | In certain areas |
| How many Legal Executives are there? | 20,000 |
| How do you become a Legal Executive? | -Pass Professional Diploma in Law -Pass Professional Higher Diploma in Law -Worked in solicitors’ firm for min. of 5 years. -Will then become a Fellow of the Chartered Institute of Legal Executives (CILEx) -Can become a solicitor but has to do LPC |
| What is the role of a Legal Executive? | -Handle various legal aspects of property transfers -Assist in creating companies -Advice in family matters -Advice for criminal matters -Some rights of audience |
| Who controls all three legal professions? | -Representative bodies -Regulatory bodies -Complaints |
| Explain Representative bodies | -Barristers: General Council of the Bar -Solicitors: Law Society -Legal Ex: Chartered Institute of Legal Executives (CILEx) |
| Explain Regulatory bodies | -Barristers: Bar Standards Board (BSB) -Solicitors: Solicitors Regulatory Authority -Legal Ex: CILEx Regulation Board |
| Explain Complaints | -Complaints about decisions from the regulatory bodies go to the Legal Ombudsman |
| What is the General Council of the Bar? | -Representative body for barristers -In England and Wales -Acts like a trade union -Makes it’s views known to appropriate government departments / the public etc. -Promotion of views and development of business opportunities. |
| What is The Law Society? | -Representative body for solicitors -In Eng+Wales -Views known to appropriate gov. dep. / the public -Support, promote and represent solicitors so help their clients -Work to ensure no one above law+protect everyones right to have access to justice |
| What is the Bar Standards Board? | -Regulatory body for barristers -Sets training and entry standards -Sets Code of Conduct -Investigates alleged breaches |
| What is the Solicitors Regulation Authority? | -Regulatory body for solicitors -Investigates alleged breaches |
| What is the Chartered Institute of Legal Executives? | -Representative body for legal executives -Education, training and development provider -Promote positivity and good practice -Publishes a code of conduct and good practice guides |
| What is the CILEx Regulation Board? | -Regulatory body for legal executives -Ensures conformity to the CILEx rules |
| What happens if Representative bodies, Regulatory bodies and Complaints? | Legal Ombudsman |
| What is Legal Ombusdman? | -Deals w/ complaints against handling complaints by regulatory bodies -Order professional in question to: >Apologise to client >Return documents to clients >Possible? correct what did wrong >Refund/reduce fees >Pay max. £30,000 comp |
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