BARRISTERS & SOLICITORS

Question 1

ROLE OF SOLICITORS

Answer 1

• 130,000 solicitors
• Regulated by SRA
• Access to Justice Act 1999 - sols have a full right of audience when being admitted to the roll, and can exercise this upon extra training - however, only 3% do
• Route = Law degree or equivalent, Legal Practice Course (1yr), two-year training contract, qualification
• Complaints - SRA, can put a case before the SRT (sol. reg. tribunal). If unsatisfied, can go to a Legal Service Ombudsman. Action for negligence can go through the courts, i.e. Arthur JS Hall & Co

Question 2

REGULATORY BODY FOR SOLICITORS?

Answer 2

SRA - Solicitors Regulation Authority

Question 3

ACCESS TO JUSTICE ACT 1999

Answer 3

• Solicitors have a full right of audience upon admission to the roll
• Can exercise upon extra training
• HOWEVER only 3% do

Question 4

ROUTE TO BECOME A SOLICITOR

Answer 4

• Law degree or equivalent
• Legal Practice Course (1yr)
• Two-year training contract
• Qualification

Question 5

COMPLAINTS

Answer 5

• The SRA can put a case before the Solicitors Regulation Tribunal
• If unsatisfied, can go to the Legal Service Ombudsman
• Action for negligence can go to the courts, e.g. Arthur JS Hall & Co

Question 6

ROLE OF BARRISTERS

Answer 6

• 13,000 barristers, known as The Bar
• Barristers must be self employed, and cannot form partnerships. They work in Chambers, with a clerk who communicates with sols.
• Cab Rank Rule - must accept any case that is in an area they are adept at, for their usual rates
• Route = Law degree or equivalent, joining one of four Inns of Court, Bar Professional Training Course (1yr), call to the bar, pupillage, tenancy in chambers
• They remain junior until appointed to KC after at least 10 years in practice
• Complaints - No longer immune from liability for negligence (Arthur JS Hall & Co), but may be treat leniently (Moy v Pettman Smith). BSB deals with disciplinary matters, can forward to a disciplinary tribunal, then ombudsman
• Lack of representation - largely middle-class, male, white

Question 7

CAB RANK RULE

Answer 7

• Barristers must accept any case that is in an area they are adept at, for their usual rates

Question 8

ROUTE TO BECOME A BARRISTER

Answer 8

• Law degree or equivalent
• Joining one of the four inns of court
• Bar Professional Training Course (1yr)
• Called to the Bar
• Pupillage
• Tenancy in chambers

Question 9

HOW LONG ARE THEY JUNIOR BARRISTERS

Answer 9

They remain junior until appointed to KC after at least 10 years in practice

Question 10

COMPLAINTS

Answer 10

• No longer immune from liability for negligence (Arthur JS Hall & Co)
• BUT may be treat more leniently in the courts (Moy v Pettman Smith)
• BSB deals with disciplinary matters, forwarded to a disciplinary tribunal, then an ombudsman

Question 11

REFORMS

Answer 11

• Some calls to merge the two professions. Moves towards it include Solicitors gaining the right to advocate in Access to Justice Act 1999
• Clementi Report