Barristers, Solicitors and Legal Executives

Question 1

How many solicitors are there practising inEngland and Wales?

Answer 1

• Over 130,000

Question 2

What is the governing body of solicitors, of which every practising solicitor has to be a member?

Answer 2

• The Law Society

Question 3

By what authority are solicitors regulated?

Answer 3

• Solicitors Regulation Authority

Question 4

Where can solicitors work? (2)

Answer 4

• In private practices

- Organisations such as the Crown Prosecution Service

Question 5

What does most solicitor’s work come from? (5)

Answer 5

• Conveyancing
• Drawing up wills
• Drafting contracts
• Writing letters
• Family and matrimonial work

Question 6

What are the three different ways of becoming a solicitor?

Answer 6

1) Law degree - Legal practice course - Training Contract
2) Degree in another subject - Graduate Diploma in Law - Legal practice course - Training contract
3) 4 GCSEs - ILEX Professional Diploma - ILEX Higher Professional Diploma - Legal Practice Course - Fellow of ILEX or Training Contract

Question 7

Who is a Graduate Diploma in Law (one year) for?

Answer 7

• Students who don’t have a law degree. If they have a degree in another subject, they spend this year learning the core legal modules

Question 8

What are the criticisms of the Graduate Diploma in law (one year)? (2)

Answer 8

• Ormrod committee reported in 1971 that one year of legal education was not sufficient and that the main entry into the legal profession should be through a law degree
• It is expensive to undertake this course on top of a degree

Question 9

What is the legal practice course (one year)?

Answer 9

• Vocational course which teaches the key skills needed to become a solicitor

Question 10

What does the legal practice course include? (5)

Answer 10

• Client interviewing
• Drafting documents
• Finance
• Marketing
• The running of a solicitor’s firm

Question 11

What is the criticism of the legal practice course?

Answer 11

• Cost is exceptionally high (around 9,000). Argued to be too expensive for many students

Question 12

What does a training contract include? (2)

Answer 12

• The student will work in a solicitor’s firm for two years, getting practical experience. The trainee gets paid, although not as much as a solicitor
• The trainee solicitor is also required to attend a 20 day Professional Skills Course where the student builds on the skills learned on the legal practice course

Question 13

What is the criticism of the training contract?

Answer 13

• There is a huge problem with over supply and many graduates of the legal practice course cannot get a training contract

Question 14

How many barristers are there practising in England and Wales?

Answer 14

• Nearly 13,000

Question 15

What is the governing body of barristers?

Answer 15

• General Council of the Bar

Question 16

All practising barristers must be a memeber of one of the four inns of court. Name them

Answer 16

• Lincoln’s Inn
• Inner Temple
• Middle Temple
• Gray’s Inn

Question 17

Who regulates barristers?

Answer 17

• The Bar Standards Board

Question 18

Barristers are considered advocacy specialists, and work under the cab rank rule. What does this mean?

Answer 18

• A barrister cannot turn down a case with their specialism

Question 19

Barristers have rights of audience in all criminal courts, subject to accreditation under what?

Answer 19

• The Quality Assurance Scheme for Advocates

Question 20

What are the three routes of barrister training?

Answer 20

1) Law degree - Membership of an Inn of Court - Bar professional training course - Call to the bar - Pupillage 2 x 6 months
2) Degree in another subject - Graduate Diploma in Law - Membership of an Inn of Court - Bar professional training course - Call to the bar - Pupillage 2 x 6 months
3) Non-graduate mature student - Graduate Diploma in Law - Bar professional training course - Call to the bar - Pupillage 2 x 6 months

Question 21

What is the purpose of the compulsory Membership of an Inn of Court?

Answer 21

• Gives students the opportunity to meet senior barristers and judges and immerse themselves in the traditions of the profession

Question 22

What are the ethnicity statistics for solicitors?

Answer 22

• White - 71%

- BAME - 23 %

Question 23

What are the ethnicity statistics for barristers?

Answer 23

• White - 79%

- BAME - 11%

Question 24

What is the Diversity Access Scheme?

Answer 24

• A scheme by the law society that supports people from low socio-economic backgrounds who wat to become solicitors

Question 25

What are solicitors regulated by?

Answer 25

- The Solicitors Regulation Authority

Question 26

What is the purpose of the Solicitors Regulation Authority? (3)

Answer 26

- Ensuring solicitors meet high standards - Acting where risks are identified - To ensure that solicitors adhere to the principles set out in the Authority's code of conduct

Question 27

Who regulates barristers?

Answer 27

- The Bar Standards Board

Question 28

What is the Bar Standards Board responsible for? (4)

Answer 28

- Setting the education and training requirements for becoming a barrister - Setting continuing training requirements to ensure that barristers' skills are maintained - Setting standards of conduct for barristers - Handling complaints against barristers and the organisations they authorise, and taking disciplinary or other action where appropriate

Question 29

The UK is one of the few legal systems that operate separate legal professions. What are the arguments for fusion? (4)

Answer 29

- Reduced costs, as only one lawyer would be needed instead of a solicitor and a barrister - More efficient, as only one person would be doing the work resulting in less duplication - More continuity as the same person deals with the case from start to finish - We are one of the only legal systems that operates a divided legal profession

Question 30

What are the arguments against fusion? (4)

Answer 30

- Possible decline in the area of specialism, especially in relation to advocacy - Loss of the Independent Bar - A barrister currently provides a second opinion; fusion would lead to a loss of objectivity - Cab Rank rule would also be lost - could this result in people being left without representation?