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Careers in the Legal Profession Flashcards

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1
Q

What is Reserved Legal Work?

A

Work outlined in the Legal Services Act 2007 undertaken solely by Authorised Legal Professionals.

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2
Q

Who has the Burden of Proof In Criminal and Civil cases?

A

Prosecution in Criminal cases (prove beyond reasonable doubt), Claimant in Civil cases

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3
Q

What is Public Law?

A

Public law deals with matters of public importance focusing on the relationship between the state and the individual.

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4
Q

What is Private Law?

A

Private law deals with legal relationships and disputes between private individuals/organisations.

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5
Q

What is Common Law?

A

Laws made through cases which bind future decisions (a type of precedent).

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6
Q

What is a Consitution?

A

A set of rules/principles followed by a country typically in one document.

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7
Q

What is an Unwritten Constitution?

A

A set of rules/principles followed by a country which are not written in a document, but can be defined by precedents, statutes etc.

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8
Q

What is a statute?

A

An act of Parliament (law passed by Parliament).

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9
Q

What are types of reserved legal work?

A

1) Right of audience
2) Conduct of litigation
3) Reserved instrument activities
4) Probate activities
5) Notarial activities
6) Administration of oaths

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10
Q

What is the right of audience?

A

The right to speak in court (representing a client, judges delivering outcome)

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11
Q

What is conduct of litigation?

A

The right for legal professionals to manage legal proceedings to do with the court process.

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12
Q

What is reserved instrument activities?

A

The right for legal professionals to handle important legal documents (drafting wills, contracts etc)

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13
Q

What is reserved probate activities?

A

The right for legal professionals to carry out affairs for the deceased (managing their assets, paying debts, executing wills)

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14
Q

What is reserved notarial activities?

A

The right for legal professionals to verify the validity of legal documents (ensuring information is authentic)

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15
Q

What is administration of oaths?

A

The right for legal professionals to ensure an individual legally affirms that their statement is fully truthful.

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16
Q

What is civil law?

A

Civil law deals with disputes between private individuals and provides compensation for the harmed party

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17
Q

What is criminal law?

A

Criminal law deals with behaviours that are considered crimes against the state and the law.

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18
Q

What are authorised legal professionals?

A

Qualified individuals who have the approval to provide legal services and carry out reserved legal work.

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19
Q

What are legal support staff?

A

Individuals who assist authorised legal professionals in carrying out legal work.

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20
Q

What is unreserved legal work?

A

Legal work outside of the Legal Services Act 2007 which does not require an authorised legal professional to undertake (conducting research, legal advice)

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21
Q

What is unregulated activity?

A

Tasks undertaken by individuals who don’t have to be an authorised legal professional (unqualified will writing, document drafting by any individual)

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22
Q

What are the advantages of unregulated legal activity?

A

Cheaper (more can afford it)
Less formal (no strict guidelines, more flexible)
Faster (no lengthy regulatory process needed)

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23
Q

What are the disadvantages of unregulated legal activity?

A

Lack of safeguard (not protected by regulatory rules/standards)
Cannot claim for negligence (no regulator to bring a claim to)
Less expertise (not qualified, limited quality of service)

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24
Q

How can legal professionals support businesses?

A

Help out with human resources
Draft and negotiate contracts between businesses

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25
What is human resources?
The department of an organisation which manages the people who work there (hiring, performance, compliance)
26
Who can undertake HR work?
Legal and non-legally trained individuals (with more HR-focused training)
27
What are 3 examples of HR activities?
Mediation Payment of employee Ensuring Equality Act 2010 compliance
28
What is mediation?
A third party negotiates with two or more parties to resolve disputes.
29
What is payment of employee?
HR ensuring employees are paid accordingly, and checking their days of payment.
30
What is Ensuring Equality Act 2010 Compliance?
HR ensuring employees are adhering to this act that prevents discrimination.
31
What are in-house employees?
Employees which work directly for a company and perform duties within the organization.
32
What is outsourcing?
Hiring an individual/company outside of the business to perform business tasks (paralegals, solicitors)
33
How do businesses pick an outsourced worker?
Providers submit bids for work, outlining cost + timeframe for completion, business picks most effective service.
34
How do legal professionals support a business in picking an outsourced worker?
By ensuring contracts are fit for purpose (suitable for intended use) Ensuring contract aligns w/ regulation Advising on relevant insurances to add to contract.
35
What are 3 examples of Health and Safety compliance rules for businesses over 5 people?
1) There is a health + safety policy 2) Periodic risk assessments 3) Safety procedures of risk established.
36
What regulation does a legal professional specialising in data protection need to follow?
General Data Protection Regulation (GDPR)
37
What are the key obligations the GDPR imposes?
Organisations must be lawful, fair and transparent: 1) Minimise amount of data collected about individuals 2) Ensure data is accurate 3) Act w/ integrity and confidentiality 4) Hold accountability for processes
38
What are the advantages of outsourcing?
Cost-effective: New infrastructure not needed for external workers. Greater diversity of expertise: Organisations can source specific expertise relevant to solving their problem. Quicker: Shorter turnaround time than in-house workers.
39
Disadvantages of outsourcing
Undisclosed costs: Hidden charges, increased cost if issue is complex. Confidentiality issues + data protection: Sharing info to external worker = risk of leaks, unaware of company's protection. Less flexibility/control: Difficulty obtaining updates, no immediate access like in-house workers.
40
What are the 2 challenges of obtaining legal services?
Skill shortages Cost issues
41
What are factors of skill shortages?
1) Legal professionals obtaining employment outside of the UK 2) High costs of training + qualifications 3) Preconceptions of qualification (e.g presumed as too difficult)
42
What are factors of cost issues?
1) Legal advice is costly - more complex = higher cost 2) Legal aid reduced/abandoned - certain individuals then cannot afford these services. 3) Technology to improve quality of services is costly.
43
What is insurance?
An insurance company compensating financial loss from specific events in exchange for regular payments.
44
What is a premium?
Regular payments made to an insurance company.
45
What is an independent contractor?
A self-employed person/business who provides services under a contract, rather than as an employee.
46
What is personal insurance?
Insurances taken out for personal life, eg vehicles, homes, health
47
What is commercial insurance?
Businesses transferring liability to insurance company to protect them from financial losses, eg property, workers' compensation, liability, business interruption.
48
What is property insurance?
Compensation in regards to damage of the business premises.
49
What is liability insurance?
Covering court fees and legal costs if business is sued.
50
What is business interruption insurance?
Compensates for lost income if business is temporarily unable to operate due to certain incidents e.g fire, natural disaster
51
What is workers' compensation insurance?
Benefits for employees who are injured/ill whilst working.
52
What is an insurance broker?
A person that helps clients find insurance relevant to their needs and who they are as a person.
53
How do insurance brokers identify their client as a person?
Checking their age, occupation, family status, specific needs and concerns (eg home ownership, health, business)
54
How do insurance brokers identify their clients needs?
Checking the client's risks, investments, valuables, health concerns, type of property ownership.
55
What are lenders?
An individual/organisation that allows individuals to borrow money with expectation of repayment.
56
What can lenders be used for?
Investments Large purchases Covering expenses Business loans
57
What are the 2 types of lenders?
Mortgage advisers Financial advisers
58
What is a mortgage?
A loan used to buy a home/property where the borrower repays this over time.
59
What is a mortgage adviser?
A professional who lends money to individuals to purchase a property.
60
What are the 2 key responsibilities of a mortgage adviser?
1 ) Find best mortgage for clients based on financial situation + needs 2) Assist with application process
61
What is a financial adviser?
Professionals who help clients with financial matters and advice.
62
Name 3 examples of experts that can help businesses
Financial specialists External auditors Medical specialists
63
What are financial specialists?
Professionals who specialise in specific areas of finance.
64
What are the responsibilities of a financial specialist?
1) Develop financial strategies 2) Provide financial advice 3) Assess financial risk
65
What are external auditors?
Independent professionals who review a company's financial statements ensuring accuracy and compliance.
66
What are the responsibilities of an external auditor?
1) Examine financial records 2) Make recommendations for improvement 3) Work w/ clients to help them identify + manage business risks
67
What are medical specialists?
Professionals who have expertise on medical issues.
68
How can medical specialists assist legal professionals?
1) Provide medical examinations on a defendant/plaintiff. 2) Draft medical reports 3) Provide lawyers with medical proof
69
What professional services may legal professionals use that we've already discussed?
Lenders Insurers Insurance brokers Experts (medical, financial) External auditors
70
What are the risks of engaging with third parties?
Data loss/confidentiality Reputation risk Strategic risk Compliance risk
71
What is risk of data loss/confidentiality?
The possibility for sensitive information being leaked, lost, or inaccessible.
72
What is reputation risk?
The possibility of a company's reputation being damaged.
73
What is strategic risk?
Possibility of long-term goals being threatened by actions of a third party.
74
What is compliance risk?
Possibility of regulatory issues when a third party fails to follow rules/regulation.
75
What is Professional Indemnity Insurance (PII)?
Insurance used by businesses to protect them from client claims for negligence.
76
What does PII cover?
- Legal defence costs - Defamation claims - Unintentional breach of copyright + confidentiality - Loss of data - Negligent advice
77
Which professionals are required to obtain PII?
Solicitors Accountants Financial Advisors Surveyors
78
What is an indemnity period?
The time during which an insurance policy covers financial losses while a business recovers until operations are back to normal/policy time limit reached.
79
What is a claims limit?
Maximum amount an insurance company will pay for a single claim.
80
What is an aggregate limit?
Maximum amount an insurance policy will pay for all claims combined.
81
What is a deductible?
The amount an individual pays for a claim before an insurer pays remaining costs.
82
What is an exclusion?
Something not covered by an insurance policy.
83
What are the exclusions on Professional Indemnity Insurance?
- Any loss outside the dates of policy cover - Any personal/bodily injury, or fines - Any pollution, loss or damage you've caused
84

Careers in the legal profession (1 decks)

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