#Exam 1- Barristers, Solicitors, Legal Execs/services Flashcards

(63 cards)

1
Q

What are the two types of lawyers in England and Wales

A

Barristers and solicitors

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

How many barristers are self employed

A

12,700

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

How many barristers work in the CPS, independent business and local government

A

Roughly 3,000

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the four inns of court

A

Lincoln’s inn
Inner temple
Middle temple
Grays inn

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are barristers collectively called

A

The bar

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Who regulates barristers

A

The general council of the bar

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the first step to becoming a barrister

A

Degree in law

If it isn’t an law degree then they must take a GDL ( graduate diploma in law )

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the second step of training for barristers

A

Complete the Bar professional training course

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What activities are done in the bar training course

A
Case prep 
Opinion writing 
Drafting documents 
Interviewing clients 
Advocacy 
Negotiation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Once completing the bar training course barristers are called to …

A

The bar- which means they are a qualified barrister

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the practical stage of training which occurs after being recognised as being a barrister

A

A pupillage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is involved in a pupillage

A

Shadowing one barrister for 12 months or two for 6 months

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the pupillage gateway

A

All pupillage vacancies are notified and put on the site, the application will typically be 18 months prior

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the main issue with training of barristers

A

The financial strain, students must cover fees for their degree (£9,000 a year) as well as the cost of the BPTC which is £15,000, GDL May also have to be paid for

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

How is the GDL seen as unfair

A

Not all barristers take a paw degree

Would you be satisfied with a doctor who only studied medicine for a year

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What does the problem of oversupply mean

A

There are too many completing the BPTC but not enough pupillage’s

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

How many passed the BPTC and how many pupillage’s were available In 2014-15

A

1,500 took BPTC

422 pupillage’s available

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

How many barristers does one set of chambers usually have

A

15-20

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What happens after a barrister has been working for ten years

A

They can apply to be in the Queens council, this means they can take on more complex cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is advocacy

A

Presenting cases in court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is rights of audience

A

The right to present a case in court on behalf of another person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What can a barrister specialise in

A

Tax and company law- this will mean they will barely appear in court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What smaller roles does a barrister do

A

Paperwork, writing opinions on a case, giving advice and drafting documents for use in court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is direct access

A

Clients are able to see a barrister without a seeing a solicitor first

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
What cases is direct access not allowed for
Criminal and family cases
26
What was proposed in 2015 for barristers
It was suggested lawyers should do a QASA ( quality assurance scheme for advocates) to only let lawyers deal with smaller cases until gaining experience
27
How are barristers and solicitors training similar
Both have to do a law degree or pass a GDL
28
What is the second part of the process to becoming a solicitor
Legal practice course
29
What is the training contract for solicitors
Supervised training for two years in a solicitors firm or with CPS
30
How much does the LPC cost
£14000
31
How many solicitors are employed in England and Wales
40,000
32
Where will a solicitor usually be employed
In a private practice of in a solicitors firm
33
What does the solicitors job role mainly include
Mostly office bases work such as looking at contracts and drafting them, drafting wills, leases and conveyancing
34
Who can solicitors typically brief before court
A barrister
35
Where can solicitors represent people in court
Magistrates and county court
36
What is the qualification which allows solicitors to do cases in higher courts
Advocacy qualification
37
How are barristers and solicitors work now similar
Both can represent in court Barristers can be seen directly in civil cases Both do preparatory work in civil cases
38
How many solicitors have higher rights
6,500
39
Who used to select members to be Queens council
Lord chancellor
40
When was the LC stopped from selecting members to be QC
2004
41
Why was the LC stopped from selecting members to be QC
Too secretive and wasn’t representative-only 10% were women
42
Who now selects members to be on the queen’s counsel
Independent selection panel
43
What is the process of becoming a QC
Lawyers apply. Application of £2160 Appointment of £3,600 Independent selection panel recommends them to LC
44
How did the new election improve the queen’s counsel
15% of members are now women and 6.5% are now from an ethnic minority
45
What must a solicitor have to become a member of the QC
An advocacy qualification and ten years of practice
46
Where do legal executives work
Solicitors law firm
47
What qualifications does a legal executive need
Have to pass a professional higher diploma in law and work for at least 5 years
48
What is the role of a legal executive
Have limited rights of audience but are similar to solicitors
49
Who is the regulatory body of legal executives
CILEx
50
Who is the representatives of barristers
Bar council
51
Who regulates barristers
bar standards board
52
Who is the representative body of solicitors
Law society
53
Who is the regularly body for solicitors
Solicitors regulatory authority
54
Where do complaints for legal execs, barristers and solicitors go to
Legal ombudsman
55
What can the legal ombudsman do
``` Apologise to client Give back any documents Put things right Reduce legal fees Pay compensation up to £30,000 ```
56
What are the issues facing ethnic minorities in the legal profession
Well represented in lower levels but not so well represented in higher levels
57
What are the issues facing women in the legal profession
Women are not as well represented in higher levels of the profession
58
How many solicitors are women
Over half
59
How many barristers are women
1/3
60
What percentage of barristers are ethnic minority
13%
61
What are the issues with women and ethnic minorities
they are under-represented in higher areas such as the QC where only 6.5% are from ethinic minorities
62
what part of the legal profession is good with its representation of women and ethnic minorities
solicitors
63
what are the challenges and trends in the legal services
alternative business structures pose a challenge to traditional legal firms working practices have to lead to change with the increasing use of information technology globalisation has led to firms becoming international