Legal personal Flashcards
(20 cards)
What three routes can you take to become a solicitor
A level or equivalent-> law degree-> legal practice course -> two year training period-> qualified as a solicitor.
A levels or equivalent-> degree in another subject-> one year law course (CPE/GDL)-> legal practice course-> two year training period-> qualified as a solicitor.
4GCSEs -> institute of legal executive professional Diploma (ILEX) -> Legal practice course -> become a fellow of ILEX(after 5 years) or after two years training period-> qualified as a solicitor
Define specialising (solicitor)
they can either be general practitioners, or specialise in one particular field. E.g. matrimonial cases.
Define Conveyancing (solicitor)
the legal side of transferring houses, buildings and land. They no longer have the sole monopoly in this area however.
Define Advocacy (solicitor)
representing in court. Since the 1999 Access to Justice Act, solicitors are now able to have full rights of audience (i.e. to put their client’s case to the court), but must be assessed at a higher level if they are to advocate in the higher courts.
Define Legal Disciplinary Partnerships (solicitor)
solicitors are allowed to partner up with other professionals such as accountants in order to provide a smoother service to the client.
What is the Law society
Has been the governing body of solicitors for the past 200 years. All solicitors must be members.
What are some complaints against solicitor
Solicitors can be sued for negligence. See Griffiths v Dawson (1993) and White v Jones (1995).
The Solicitors Regulatory Authority investigates complaints and can refer them to a tribunal. In some circumstances, solicitors can be suspended or even struck off.
Since 2010, complaints can also be referred to the Legal Ombudsman.
How do barristers work
All barristers work independently and are collectively referred to as ‘the Bar’.
Controlled by their own professional body – the General Council of the Bar.
How do you train to be a barrister
All candidates must pass the Bar Professional Training Course.
• A 12 month period of ‘pupillage’ follows, (like on-the-job training). After 6 months shadowing a qualified barrister, they can appear in court and conduct their own cases.
• Lawyers doing advocacy in the higher courts must be accredited, levels 1-4 (depending on the seriousness of the case) by the Quality Assurance Scheme for advocates.
Define some quality to a barristers
Must be members of one of the four ‘Inns of Court’ in London.
• Degree based, although there is a non- degree route for mature students.
What is the the ‘cab rank rule’.
• A barrister cannot turn down a case if they are free and if it is in the area of law that they deal with – ‘the cab rank rule’, however they can turn it down if approached directly by a client and if the case requires further investigation.
How do you contact a barrister
Barristers can either be directly approached by a client, contacted by a solicitor on behalf of a client, or assigned to a client in a criminal prosecution case if the defendant has no representative.
Where do Barristers work
Barristers work independently and usually work from a set of chambers, where they share offices with maybe 10-15 others.
What does it mean if a barrister recuse themselves
A barrister can recuse themselves that means they can step back from a case if their is a conflict of interest
How are barristers monitored
Bar Standards Board
• Regulates professional standards. • Investigates alleged breechs in
codes of conduct.
• Can impose sanctions, including striking off, suspending or fining barristers.
What is the The General Council of the Bar
Represents the interests of the profession as a whole. It acts as a sort of trade union.
• Promotes fair access to justice for all, equality and diversity, as well as business opportunities at home and abroad.
What is the Queen’s Counsel
Must have 10 years experience as a barrister or solicitor.
• Appointment as QC is referred to as ‘taking silk’.
• Applications are considered by an independent
selection panel.
• Candidates must pay high fees, be interviewed and then be recommended to the Lord Chancellor for appointment.
• New focus is on encouraging more women and ethnic minority applicants.
• QCs usually take on more complicated and high- profile cases.
What is taking silk mean
It’s when either a barrister or solicitor is Appointment as QC is referred to as ‘taking silk’.
How is a QC appointed
Applications are considered by an independent
selection panel.
• Candidates must pay high fees, be interviewed and then be recommended to the Lord Chancellor for appointment.
What is the q1 trying to do with applications
New focus is on encouraging more women and ethnic minority applicants.
• QCs usually take on more complicated and high- profile cases.
