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40 Cards in this Set
- Front
- Back
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Around how many solicitors are there in England and Wales? |
120,000 |
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Who are solicitors represented by? Who are they controlled by? |
Represented by the Law Society and controlled by the Solicitor's Regulation Authority |
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If the individual does not have a degree what route can they take? |
Ilex route |
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What degree must the trainee have? |
LLB degree in law |
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What costs £9,000-£12,000 and lasts for 1 year full time or 2 year part time |
The graduate diploma in Law |
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Name 4 of the seven core areas the diploma will cover |
1) contract 2) tort 3) criminal 4) public |
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What must the trainee do next after they have got a graduate diploma in law? How long does it last and how much does it cost? |
Trainee must take the LPC (Legal Practice Course). Lasts 1 year full time, 2 year part time. Costs £12,000 |
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Describe the 2 stages of the LPC |
Stage 1: core practice areas and course skills Stage 2: 3 modules eg. Criminal, contract, public law |
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What kind of things does the LPC entail? |
Practical training in skills such as client interviewing, negotiation, drafting documents, business management and advocacy |
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What does the trainee need to obtain after the LPC? What will they gain from this? How long will it take? What does it cost? |
Must obtain a training contract with a firm of solicitors. Trainee's gain practical experience. Lasts 2 years. Costs £16,000. |
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During this time spent with a solicitors firm what must the trainee complete? What does this build on? |
A 20 day professional skills course, builds on the skills learnt in the LPC |
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Once this is complete, where is the trainee entered? But what must they still do in the future? |
Trainee is now entered on the Law Society roll as a solicitor but must still attend training classes to keep their knowledge up to date |
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Give 3 advantages of the solicitors training |
1) there is a good mixture of academic, vocational and practical training. This means it suites a wide range of people who learn different ways 2) students can choose different options in the LPC depending on which career they see their self in the future eg. Family, criminal, company law 3) some universities combine the degree and the LPC which cuts costs for students. The degree and LPC can also be taken part time so the student can earn money along side. Some companies even pay some trainees to do the LPC |
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State 3 disadvantages of the solicitors training |
1) courses are costly and this puts off some students especially those from less well off families. Some may take loans but will start the training period in huge amounts of debt 2) the LPC covers too wide a range of subjects just in 1 year so students are unable to learn in enough detail. Training is also criticised to be too general and not specialised enough 3) not enough job opportunities are open from trainees who have done the LPC. 1 in 3 students cannot find a training contract after they have completed the LPC |
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State 5 things what solicitors undertake during their work |
1) meeting with clients 2) offering legal advice 3) drafting legal documents 4) negotiating on behalf of clients 5) advocacy |
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What does the type of work the solicitor do depend on? |
The solicitors firm they are at |
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What's the difference between smaller firms and larger firms? |
Smaller firms tend to give general legal advice where as larger firms tend to specialise in certain areas eg. Family law, contract law |
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What other organisations can the solicitors work for? |
- Crown Prosecution Service - Citizens Advice Bureau - local authority - government departments |
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Explain 3 ways someone can make a complaint against a solicitor |
1) solicitors office - client can complain directly to that solicitors office. All firms have an internal complaints procedure 2) Solicitors Regulation Authority - this body has the power to investigate misconduct eg. Get firm to produce documents and to provide explanations behind misconduct 3) sue in tort - a solicitor has a duty of care for their client and if they give negligent advice then they can be sued |
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State 3 advantages of solicitors having increased rights of audience |
1) the solicitor will provide continuity for the client as they wont be given a barrister just before the hearing because the solicitor will have a right to advocacy. Therefore client will be more confident. Solicitor will have worked with the case from the start so will have a better insight 2) it is cheaper for the client as they only have to pay for a solicitor and not for a barrister aswell. Solicitors are also easier to access - less stress for client 3) there is a small Risk of documents being mislaid and misunderstanding about the case being made due to their only being 1 person dealing with case |
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State 3 disadvantages of solicitors having increased rights of audience |
1) the training process of solicitors is not enough to have more rights of advocacy therefore there is a prejudice towards the solicitors by the judges - this will not benefit the client 2) jurors may not take solicitors more seriously as barristers because solicitors will not wear wigs in court but barristers do, this will give juries less confidence in the solicitor advocate based on their appearance 3) solicitor advocates are less experienced then barristers as they have spent less time in court and their training is not as detailed as barristers |
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What is a barrister? |
A person called to the BAR and is entitled to practice as an advocate, particularly in higher courts |
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How many barristers are there in England and Wales? |
9,000 |
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Who are barristers controlled by? |
The Bar Council |
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Firstly, what must the trainee have? |
A graduate diploma in law |
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Before continuing with training where are the students expected to join? How many sessions are the expected to sit? |
The student must join one of the 4 inns of court in London. They are expected to dine 12 times |
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What does the trainee have to do next? How long does this last for? How much does it cost? |
Bar Professional Training Course. Lasts 1 year. Costs £9,000-£15,000 |
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What practical skills does the BPTC cover? |
Advocacy, role playing, case preparation, drafting legal documents, opinion writing, interpersonal skills |
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After they have finished the BPTC the trainee is called to ????? This means ??? |
Called to the bar, this means they are a qualified barrister |
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However there is still a practical stage to their training, this is called ??? How do they apply? |
The pupillage, apply through the pupil gateway |
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During their pupillage what will the trainee barrister do? |
An experienced barrister will shadow them for 1 year or 2 experienced barristers for 6 months each. |
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What must they also complete? Who is this organised by? |
Further training programmes to update their knowledge, organised by the Bar Council |
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After the first 6 months of the work shadowing, what can the trainee barrister do? |
They can represent their own client in court and are paid a minimum of £12,000 a year |
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Once the pupillage is completed, what must the barrister do? |
Find a permanent place in a chambers, known as tenancy, where they will work |
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Give 3 weaknesses of the barrister training |
1) few universities run the BPTC, it is very costly and you do not receive any funding, this can be a disadvantage to those coming from less well off families 2) more students qualify than there are jobs available, meaning some will be fully qualified but will struggle to get full time work 3) during the pupillage training, trainee barristers each less than trainee solicitors, this is seen as unfair as some students will be in huge amounts of debt |
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Give 3 strengths of barrister training |
1) the BPTC emphasises on practical skills such as drafting legal documents, negotiation and advocacy which is useful when they start work as a barrister 2) the pupillage enables trainee barristers to complete on the job training and gain experience, but still have the experienced barristers shadowing them to fall back on and guide them 3) barristers also take further training sessions to keep up to date with the laws which are always changing |
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What percentage of barristers are self employed and concentrate on advocacy? |
80% |
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What is Bar direct |
Allows clients to approach barristers directly in civil cases instead of going through a solicitor first |
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What does a clerk do in a barristers chamber? |
Organises booking and allocation of cases |
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What is the cab rank rule? |
A barrister has a professional duty to act on behalf of their client |
