A level Law: 1.7 Legal Personnel Barristers and Solicitors Flashcards
The legal profession in England and Wales is divided into two separate branches - can you name them?
How many of each are there in the UK?
barristers and solicitors.
There are approximately 143,0000 solicitors and 16,500 barristers in the UK.
How are the two branches similar and how do they differ?
Each branch does similar work – for example, both do advocacy and legal paperwork – but
they differ in the amount of time they dedicate to this work, with barristers spending more of their time in court.
A simple analogy can be made with the medical profession: the barrister is broadly analogous to a consultant (specialist) and the solicitor to a general practitioner.
Can you name any other roles within the legal profession?
The legal profession also includes paralegals (legal executi ves).
Describe the Solicitors Current Education & Training route.
- Study for a Qualifying Law degree. This means that you sit and pass exams in Legal
Foundations, Contract, Tort, Public, Criminal, Trust & Equity, and E.U law. - Non law degree route: it is possible to take a Graduate Diploma in Law (a conversion course following a first degree).
- The Legal Practice Course - one-year full-time course.
- Training contract - a fixed two-year work placement in a solicitor’s firm. At the end of the two years you will be a qualified solicitor.
describe the Solicitor training route for 2021.
- The traditional GDL and LPC route will be scrapped in favour of an independent assessment –
Solicitors Qualifying Examination (SQE).
There will be a long transition period from 2021, running until 2032, in which candidates who are already on one of the former courses will be able to qualify as solicitors in the ‘old’ way.
Describe the Solicitors Qualifying Examination (SQE).
- Two parts require passing: assessments must be completed to prove character and suitability.
- Changes to the training contract - you will be able to work at 4 different solicitor firms to gain your overall two-year work experience. (However, many firms, especially those in London, will likely stay with the old training contract system above).
- Formal training contracts, working as a paralegal, completing a placement as part of a sandwich degree or volunteering in a student law clinic or with Citizens Advice all count towards the SQE’s work experience requirements.
- For example, you could complete a two-year training contract at one City law firm or,
alternatively, carry out six months of pro bono work at your university law clinic and then
work as a paralegal for 18 months.
Anyone who starts a law degree (GDL or LPC) before the SQE is introduced in 2021 can choose which route they take to qualify.
Solicitors Work/ Role falls into two main categories, can you name them?
Solicitors can work in two main environments: private firms or employed practice.
Describe the role of a solicitor in a private firm.
Private firms
* Legal Advice - give advice to clients.
* Drafting documents - drafting up contracts, wills, divorce papers, etc.
* Administrative work - letters, phone calls, organising, etc.
* Litigation- Also known as negotiation. Preparing case, e.g. in a divorce case.
* Commercial work - registering businesses, companies, contracts, etc.
* Advocacy.
Criminal cases
* Attend accused at police station.
* Advise the accused.
* Help accused obtain legal advice.
* Interview witnesses.
* Give information to barrister.
* Advocacy work in Magistrates court / Crown Court.
Describe the role of a solicitor in employed practice
Employed practice & organisation
Can be employed by companies, for example, local authorities, building societies, businesses, or
the Crown Prosecution Service.
Describe a Barristers Education & Training route.
- Study for a Qualifying Law degree.
- The non-law degree route (Graduate Diploma) is also available for prospective barristers.
- One-year Bar Vocational Course (BPTC): previously known as Bar Training Course (BTC), Bar Practice Course (BPC), Bar Vocational Course (BVC) and Bar Vocational Studies (BVS). After completing the course, you are called to ‘the bar’.
- There are four Inns of Court. Barristers must be a member of one of these – as part of
the training, trainee barristers visit the Inns twelve times for various networking events and training. - One-year Pupillage: each Chambers offers two pupillages each year offering around £16,000 a year in salary. There are limited spaces and as such they can be difficult to obtain.
- After 10-15 years in practice, an experienced barrister can apply to become a KC (King’s Counsel). KCs are appointed by the General Council of the Bar & Law Society. On appointment they ‘take silk’. KCs are recognised for their expertise and status and because of this can command higher fees.
Barristers practicing at the Bar are self-employed, but usually work from a set of chambers.
Describe the Barristers Work/ Role.
- Drafting documents- prepare and draft case documents.
- Legal advice- solicitors may recommend barristers’ advice to clients, or may ask the barrister directly. Police, accountants, etc, will ask for their opinion on areas such as tax.
- Operate cab-rank rule- a barrister cannot turn down business if it’s their area of law and if they are free.
Employed barristers- some work in the employed bar, e.g. working for the Crown Prosecution Service.
What is the definition of rights of audience?
In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client.
Where do barristers have rights of audience?
Rights of audience (advocacy)- barristers specialise in this. They have the right of audience in all courts.
Describe a barrister’s role in a criminal case
Criminal cases
* Barristers act as advocates in all courts.
* Receive brief of case from solicitor.
* Advise the solicitor and accused.
* Meet accused at trial.
* Operate cab rank rule.
