Solicitors & Barristers

Question 0

What is the professional Training route for Solicitors

Answer 0

1 year legal practice course

Question 1

What is the Academic Training route for solicitors

Answer 1

1. Law degree / one year professional examination

2. CILEX route

Question 2

What is the Practical Training route for Solicitors?

Answer 2

2 year training contract with solicitor or CPS

Question 3

What does CPS stand for?

Answer 3

Continuing Professional Development

Question 4

How much CPD do Solicitors have to do a year?

Answer 4

16 hours annually

Question 5

What are some of the AO2 of Solicitor training?

Answer 5

+ Cost
+ Non-Law graduates only get one year of Law
+ Too many LPC students and not enough training contract places
+ Few female solicitors are partners of firms

Question 6

Where can a Solicitor be employed?

Answer 6

+ Private Practice
+ Employed by local businesses or governments as an “in-house” solicitor
+ CPS

Question 7

How do Solicitors deal with clients?

Answer 7

They deal with Clients directly

Question 8

What kind of topics do Solicitors cover? (Give 3)

Answer 8

Matrimonial, Probate (wills), employment, conveyancing, medical negligence, criminal law

Question 9

What courts do regular solicitors have rights of audience in?

Answer 9

Magistrates and County Court

Question 10

What allows Solicitors to have rights of audience in the Crown Court

Answer 10

Only if it is a crown court appeal from a case that was started in the Magistrates Court

Question 11

What court act created “Solicitor Advocates”?

Answer 11

Courts and Legal Services Act 1990

Question 12

What makes Solicitor Advocates different to regular Solicitors? (Give 2)

Answer 12

+ Gave solicitors new advocacy rights
+ They may act in higher courts
+ Can become QC (Queen’s council)

Question 13

Who regulates complaints against Solicitors? (Give 3)

Answer 13

\+ Internal Complaints Procedure
\+ The Law Society
\+ Office for Legal Complaints
\+ Legal Ombudsman
\+Solicitors' regulation authority

Question 14

How does the Law Society regulate Solicitors?

Answer 14

It governs solicitors and sets the standard of professional conduct. Also maintains the “roll of solicitors” and can withdraw a practicing certificate.

Question 15

What can Solicitors and Clients sue each other for?

Answer 15

Breach of Contract

Question 16

What is the Academic training process of Barristers?

Answer 16

Law degree or non-law degree with a 1 year CPE

Question 17

What is the Vocational training process of Barristers?

Answer 17

1 year bar training course and the applicant must join one of the four inns of court

Question 18

What is the Practical training course of Barristers?

Answer 18

1 year pupillage (2 x 6 months)

Question 19

What are some of the AO2 problems of Barrister training? (Give 3)

Answer 19

+ Lack of diversity; 82% of barristers attended Oxbridge
+ Variable quality of pupillages
+ The choice to become a barrister has to be made too early

Question 20

What kind of work do Barristers do out of court?

Answer 20

Give written opinions and draft Legal Documents.

Question 21

What courts do Barristers have rights of audience in?

Answer 21

All of them. Barristers can go in any court.

Question 22

Where can Barristers work? (Give 3)

Answer 22

+ Employed (CPS, Criminal Defence Service) and salaried
+ Independent and Working alone
+ Self-employed in chambers

Question 23

Do barristers have direct access to their clients?

Answer 23

No, they have to be briefed on a case by a solicitor

Question 24

What is the Cab Rank Principle in relation to Barristers?

Answer 24

A rule for barristers that states that they must take the next case that comes along, regardless of the client or case material, to ensure everyone gets fair legal representation

Question 25

What is a “Queen’s Council” Barrister?

Answer 25

A top-level barrister who can sit on the front bench of court, no longer has to draft pleadings, and can wear a silk gown.

Question 26

What is the term for when a Barrister becomes a Queen’s Council member?

Answer 26

It is referred to as “taking silk”

Question 27

What legal bodies handle the regulation of Barristers? (Give 3)

Answer 27

+ The Bar Council (main one)
+ Legal Services Complaints Commissioner
+ Bar Standards Board
+ Legal Services Ombudsman

Question 28

Can a Barrister sue their client or vice versa?

Answer 28

No, because they don’t enter a contract. However Barristers can be still be sued for negligence in court.