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55 Cards in this Set
- Front
- Back
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What do the Law Society do? |
They are an organisation that represents solicitors. It used to regulate the profession but function has been given to the independant Solicitors' Regulation Authority |
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Solicitors' Regulation Authority |
Responsible for regulating the profession. It sets out the education, training and qualification requirements and the rules under which solicitors must practice. Also investigates allegations of professional misconduct |
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Degree-Route Training to become a Solicitor |
A levels / Equivalent, Degree in Law, Legal Practice Course, Two-Year Training Period = Qualified A levels / Equivalent, Degree in another Subject, Post-Graduate Degree in Law, Legal Practice Course, Two-Year Training Period = Qualified |
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Non-Degree Route Training to become a Solicitor |
Institute of Legal Executives Professional Diploma, ILEX High Profession Diploma, Legal Practice Course, Become a fellow member of ILEX or 2 Year Training Period = Qualifed |
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3 Criticisims of the Training Process |
1. Financial Problems 2. Lack of Legal Knowledge 3. Oversupply |
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Where do solicitors work? |
majority work in private practice, others may work in CPS or Local Authority / Government, or legal advisers in commercial or industrial businesses. |
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What do solicitors generally do? |
interview clients and negotiate on their behalf, writing letters on behalf of clients, drafting documents, leases and other legal docs, drawing up wills, dealing with conveyancing may also acr for clients in court = advocacy |
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Examples of where solicitors may specialise |
may only handle certain cases, in large firms, for example: civil actions or criminal actions / matrimonial cases (field of expertise) large firms = deal with one aspect of the law e.g. business and commercial law |
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Administration of Justice Act 1985 |
before 1985 solicitors had a monopoly on conveyancing, meaning only they could deal with the legal side of transferring houses and other buildings / land. This act changed this by allowing other people to become licensed conveyancers. Increasing competition in area, reduced solicitor fees, lost large proportion of work and led to demand for rights of advocacy |
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Abse v Smith (1986) |
Two members of parliament were contesting a libel action. They came to an agreed settlement, but solicitor for one was refused permission by judge to read out terms of settlement in open court. The Lord Chancellor and Senior Judges in each division of the High Court issued practice direction, allowing solicitors to appear in the High Court to make statement on settled case |
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Courts and Legal Services Act 1990 |
a solicitor in private practice had the right to apply for a certificate of advocacy which enabled him to appear in the higher courts. Certificate granted if solicitor already had experience of advocacy in Magistrates' and County Court, took a short training course and passed examinations on rules of evidence |
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The Access to Justice Act 1990 (s36) |
provided that all solicitors will automatically be given full rights to audience. However, new training requirements allow solicitors to obtain these if rights have not been brought in |
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Courts and Legal Services Act 1990 (s66) (Legal Disciplinary Practices) |
had provisions to allow solicitors to form partnerships with other professions, such as accountants. This would give clients a wider range of expertise and advice in a 'one-stop shop' however these provisions have not been brought into being. |
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Legal Services Act 2007 (Legal Disciplinary Practices) |
allows Legal Disciplinary Practices where up to 25% of partners in a firm can be non-lawyers. Also allows Alternative Business Structures, instead of having partnership, solicitors can form companies |
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Do solicitors enter a contract with their client? What does this mean? |
Yes, solicitors deal directly with clients. If a client does not pay, the solicitor has the right to sue fees and the client can sue solicitor for breach of contract if fails to do work. Also can sue for negligence in and out of court work |
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Griffins v Dawson (1993) |
Solicitors for the claimant had failed to make correct application in divorce proceedings against her husband. Claimant lost financially and solicitors were ordered to pay her £21,000 in compensation |
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White v Jones (1995) |
father wanted to make a will to his daughters for £9,000 each. Wrote to his solicitors, instructing them to draw up a will that includes this. Solicitors received but hadn't done anything by the time father died. The daughters did not inherit any money and successfully sued solicitor for £9,000 they each had lost |
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What used to be held about Negligent Advocacy? |
used to be held that a solicitor presenting a case in court could not be sued for negligence. |
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Hall v Simons (2000) - Negligent Advocacy |
House of Lords decided that advocates can be liable for negligence |
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History of Complaints Procedure |
Law Society used to deal with disputes however its main role was to represent solicitors. This meant a conflict. It was also criticised for delays and inefficiency. 2/3 "Satisfactory" Therefore reformed to make it seperate |
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Office For Legal Complaints |
The Legal Services Act 2007 created the Office for Legal Complaints, which is completely independent from the Law Society. It has a non-lawyer as a chairman, majority must be non-lawyers and has set up the Legal Ombudsman to deal with complaints of poor service. |
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What is the Legal Ombudsman? |
When a complaint is received it will look at the facts in each case and weigh up both sides of the story. If agree is unsatisfactory, can ask a lawyer to: apologise to client, give back any documents client may need, put things right if more work can correct what went wrong, refund or reduce legal fees, pay compensation up to £50,000 |
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What does the Solicitors' Regulation Authority do? |
investigates complaints about the professional misconduct of solicitors. If there is evidence of serious professional misconduct can put case before the Solicitor's Disciplinary Tribunal. If the tribunal upholds the complaint they can fine or reprimand the solicitor. |
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What do people have to do without a law degree to become a barrister? |
One-Year for Common Professional Examination or Graduate-Diploma in Law in core subjects, then the same as people with a law degree - Bar Professional Training Course, Call to the Bar, Pupillage |
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What is the Bar Professional Training Course |
where they study case preparation, legal research, written skills, opinion-writing, drafting documents such as claim forms, conference skills, negotiation and advocacy. They also study a specific area of law related to future profession e.g. civil litigation |
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What are the Inns of Court? |
Lincoln's Inn, Inner Temple, Middle Temple, Gray's Inn |
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What do students have to do at the Inns of Court? |
Dine there 12 times before being called to the bar. They may now attend in a different way e.g. weekend residential courses, to help students out of London on courses keeping travelling costs lower. This is so senior barristers and judges absorb traditions of profession |
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What happens after the Bar Professional Training Course? |
Called to the Bar, meaning they are officially qualified |
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What is pupillage? |
"on-the-job training" where the trainee barrister becomes a pupil to a qualified barrister. It involves 'work-shadowing' and can be with the same barrister for 12 months of 2 different for 6 months each. Required to take part in programme of continuing education organised by Bar Council. After 6 months barristers are eligible to appear in court and conduct on cases. Paid small salary |
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Where do barristers work? |
set of chambers (15-25) where they can share administrative expenses with other barristers or self-employed. |
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What staff can barristers employ? |
clerk as a practice administrator, booking in cases and negotiating fees / other support staff. |
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What do Barristers do with difficulty finding tenancy in chambers? |
Many do a third 6-month pupillage and then a 'squat' as an unoffical tenant before obtaining a place in chambers. Rule of Chambers relaxed, barristers can practise at home. |
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What do Barristers do? |
concentrate on advocacy, some specialise in areas such as tax and company law high rights of audience in all courts in England and Wales even those who specialise in advocacy do certain amount of paperwork, writing opinions on cases, giving advice and drafting documents for use of court |
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What is Direct Access? |
originally, barristers had to be a solicitor first, the solicitor would then brief the barrister, however this thought to create unnecessary expense meaning had to use two lawyers instead of one. Since 2004 bar granted access to anyone in civil cases and no longer necessary to go to solicitor to instruct barrister however still not allowed for criminal / family cases |
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Cab Bank Rule |
they cannot turn down a case if it is on the area of law they deal with and they are free to take case. However, where clients approach a barrister directly the rule does not apply. They can turn down a case which would require investigation or support services they cannot provide |
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Where can employed barristers appear? |
Magistrates' Court, Crown Court, High Court or Appellate Courts. |
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What is the Queen's Counsel? |
After 10 years as barrister or solicitor with advocacy qualification can apply 10% 'taking silk'. usually take on more complicated and high-profile cases and can command higher fees until 2004 were appointed by Lord chancellor but now Appointment System |
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Appointment System for QC |
Independent Selection Panel - both barristers and solicitors can apply for £2,500. Provide references and interviewed by members of panel. Panel then recommends who should be appointed. |
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Do barristers enter a contract with a client? |
No, therefore can't sue if fees not paid and client cannot sue for breach of contract |
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Saif Ali v Sydney Mitchell and Co (1980) |
Held that a barrister could be sued for negligence in respect of written advice and opinions. In this case the barrister had gave wrong advice of who to sue, therefore claimant late starting proceedings against right person |
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In Hall v Simons (2000) |
The House of Lords held that lawyers could be liable for negligence in the conduct of advocacy in court. |
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Rondel v Worsley (1969) |
held barristers not liable because their first duty was the courts and they must be 'free to do their duty fearlessly and independently' |
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Who deals with complaints for barristers? |
Legal Ombudsman |
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What do the Bar Standards Board do? |
regulated the profession of barristers. Sets out the training and entry standards and sets out a code of conduct with which barristers should comply. It investigates any alleged code of conduct and can discipline barristers. If it is serious will be referred to Disciplinary Tribunal of the Council of the Inns of Court |
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What can the Council of the Inns of Court do? |
Suspend barrister from practise or disbar from practising |
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The Legal Service Act 2007 |
Act was passed following the Clementi Report which was set up by the Legal Services Board to oversee all legal professions. Also brought in the Office for Legal Complaints which deals with complaints against any of the legal professions |
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What is the Legal Services Board? (The Legal Service Act 2007) |
they have an independant oversight regulation of the legal profession. - Consists of a Chairman and 7-10 members appointed by Secretary of State - First Chairman must be non-lawyer + majority of members however: oversee their work e.g. when either of the professions' regulatory bodies wish to make major changes to Codes of Conduct |
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Office for Legal Complaints (The Legal Services Act 2007) |
set up the Legal Ombudsman to perform the day-to-day handling of complaints. Began in 2010 and aim to simplify the complaints structure for consumers |
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Business Structure restrictions before The Legal Services Act 2007 |
Barristers and Solicitors could not operate from same business Lawyers not allowed to enter partnership with non-lawyers Non-lawyers could not be involved in ownership or management of legal businesses Legal practices could operate a company |
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Fusion Advantages |
(1) Reduced Costs - one lawyer (2) Less duplication of work - one person doing work (3) More continuity - same person start to finish |
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Fusion Disadvantages |
(1) Decrease in specialist skills of advocacy (2) Loss of the independant Bar and lack of availability of advice from independant specialists at the bar (3) Less objectivity - barrister provides second opinon (4) Loss of Cab Rank Principle |
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Under the Access to Justice Act Under Legal Services Act |
Barrister have right to do litigation which has always been done and solicitors have wider rights of advocacy and may represent clients in all courts Less need for professions to be fused as barristers and solicitors able to work together in same business |
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Women in Legal Profession |
Image of domination by white men - increasing number of women studying law make up over half of solicitor and barristers - 32% in bar - 46% solicitors - few in higher levels - 12% QC - 25% partners compared to 49% men - mostly junior positions - earn less than men |
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Obstacles and Barriers to the Career Development of Women Solicitors publihed by the Law Society 2010 |
main reasons why not many women - lack of flexible working hours - organisational culture perceived traditional, conservative and male-dominated - long working hours 24/7 mind-set - measurement of success strongly linked to number of hours billed to clients - measuring quantity rather than quality - women not prepared to challenge the status quo or push themselves forward for promotion |
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Ethnic Minorities in the Legal Profession |
- 12% solicitors - 15% barristers - junior positions - well presented in CPS - 5% QC - only 25% partners compare to 38% white - likely to work in smaller firms |
