LAW P3 ELS (Legal personnel)

Question 1

What are the different types of legal personnel?

Answer 1

• Barristers
• Solicitors
• Legal executives

Question 2

What are barristers?

Answer 2

Barristers are self employed legal advocates who generally practice our of chambers in court

Question 3

What is the role of a barrister?

Answer 3

• When required, being briefed by a solicitor on behalf of a client or approached directly in certain civil matters
• Rights of audience in all courts to repreent clients, particularly the crown court or higher courts
• Acting as a specialist legal advisor, giving clients independent and objective advice and opinion on the merits of a case
• If appointed as queens counsel (QC), handling very serious or complex cases
• Drafting legal documents for court
• Working for the CPS or large businesses who have legal departments

Question 4

What are solicitors?

Answer 4

Solicitors roles largely depend on what type of firm (small or large) that they are employed in.

Question 5

What does solicitors work include?

Answer 5

• Acting as a ‘first contract’ with clients needing legal advice on a range of specialist areas
• Acting as advocates for clients, generally in the lower courts such as the magistrates court or county court
• Organising a barrister for their client if the case foes to crown court or higher court
• Writing letters on their clients behalf on legal matters
• Drafting contracts or other legal documents such as wills
• Generally working in private pracitce, buit can work for large businesses that have a legal department or local authorities

Question 6

What are legal executives?

Answer 6

Legal executives are qualified lawyers and usually specialise in one particular area of law. They generally work alongside solicitors and provide a similar role

Question 7

What does legal executives work include?

Answer 7

• Acting as a first contact with clients needing legal advice in straightforward cases
• Limited rights of audience acting as advocates for clients, generally in lower courts such as the county court
• Giving legal advice to clients on a range of specialist areas, for example, personal injury and debt recovery
• Handling legal aspects of a property transfer
• Drafting contracts or other legal documents such as wills

Question 8

Why is the regulation of the legal proffession vital?

Answer 8

Regulation of the legal profession is vital in order to ensure a safe, secure, and responsible environment for lawyers and their clients.

Question 9

What is the regulation mainly governed by?

Answer 9

The regulation is governed mainly by the legal services act 2007.

Question 10

Who regulates barristers?

Answer 10

Barristers are regulated by the bar standards board, whose duties include:

• Setting the education and training requirements of barristers and continuing training requirements throughout their career
• Setting the standers of conduct for barristers
• Monitoring the service provided by barristers
• Handling complaints against barristers, taking disciplinary action where required

Question 11

Who regulates solicitors?

Answer 11

Solicitors are regulated by the solicitors’ regulatory authority which protects and helps the public by:

• Setting the standards for qualifying as a solicitor
• Monitoring performance of solicitors
• Setting the rules for professional conduct
• Handling complaints against solicitors who do not follow the authority’s rules
• Operating a compensation fund for clients who have lost money as a result of a solicitor’s dishonesty

Question 12

Who regulates legal executives?

Answer 12

Legal executives are regulated by the chartered institute of legal executives which:

• Oversees the education, qualification and practice standards of legal executives
• Takes action against legal executives who do not meet those standards