14 - The legal system : Legal personnel and the judiciary Flashcards
(20 cards)
barristers
self employed advocates who practise out of chambers,sharing admin staff
work of a barrister
- brief solicitors on behalf of a client
- right of audience in all courts
- act as a pecialist legal advisor
- appoined as queens council, handling very serious cases
- draft legal documents
solicitors
largely depends on the firm they are employed for what their role is
* provides legal advice
* act as advocates for clients in lower courts
* give legal advice on specialist areas
* organising a barrister for their client if the case goes to crown court
* drafting contracts or documents such as wills
legal executives
qualfiied lawyers and usually specialised in one particular area of law. they generally work alongside solicitors and provide a similar role
work of a legal executive
- acting as a first contact with clients with clients needing legal advice in straightforward cases
- cant really advocate in many courts, but generall operates in low courts such as county courts
- giving legal advice for clients on a range of speicalist areas
- hadling legal aspects of poperty transfers
- drafting contracts pr othger documents like wills
regulation of the legal profession
is required to ensure a safe secure and responsible environment for lawyers and their clients
regulations on barristers
regulated by the bar standards board -
* they set teh standards of education/training
* set standards of conduct
* monitor the service of barristers
* handly complaints against barristers
regulation solicitors
regulatd by the solicitors regulatory authority -
* sets teh standards for qualifying as a solicitor
* monitors performance
* set rules of conduct
* handle complaints
regulation on legal executives
regulated by the CILEx which:
* oversees the education and parctise standards
* takes action against legal executives who do not meet those standards
legal services board
- created under the legal services act 2007
- oversees the regulation of lawyers in england and wales
- suggests refroms and reccomendations to modernise the legal services market
legal ombudsman
if there is a dispute between a client and a lawyer that cant be resolved by another regulatory body, then the case can be refereto the legal ombudsman
judiciary
collective term for all teh different types of judge in the english legal system
two different types of judge
inferior (crown court and below)
superior (high ocurt and above)
ways that the independance of the judiciary ins ensure
- immunity of prosecution
- immunity from suit
- judges salaries and pension rights are not set by the executives
rules about the judiciary
- they shouldnt be under the control of the government
- judges should not be removed as government changes
- individual judges are not criticised in parliamentary debates
- any judicial removal and length of tenure should be established in law
how may judges be removed
when there is an allegation of misconduct:
* for high court judges and court of appeal judges, removal is by petition to the crown
* there is a similar process to remove supreme court judges , but they can appear infornt of a tribuna;l
* circuit and district judges can be removed by lord chancellor on the grouds of misconduct
immunity of suit
on the grounds of public policy, they have immunity from suit - this means that they are free from legal action
however it is possible to remove a judge through behaviour in certain circumstances
independance from the executive
judges have to be free of external pressures so that trials are fair
what must the judiciary ignore pressure from
the executive (in pressuring or forcing them)
parliament
other groups such as seniour judes
pressure groups
their own self interests
the media
reasons for judicial independance
- ensures that the verdict is decided upon by the facts
- ensures that in jury trials, juries decide the veridct based on facys
- delivers fair and inpartial justice
- protects citizens rights against the government
