Legal Personnel 1A

Question 1

What are the four different groups of legal personnel?

Answer 1

Barristers
Solicitors
Legal Executives
Judges

Question 2

Where do Barristers work? and who for?

Answer 2

They work in the chambers, and they are mostly self-employed but some work for government organisations.

Question 3

What is the Direct/Public Access Portal?

Answer 3

It is a system where the public are given direct access to barristers who willl then handle their case.

Question 4

What happens if the Direct/Public Access Portal has not been used?

Answer 4

The client will talk to their solicitor and the solicitor will instruct the barrister.

Question 5

What are the jobs that Barristers do?

Answer 5

Prepare legal documents
Advise clients
Negotiate on their behalf
Appear in court

Question 6

Why are barristers allowed to appear in any court?

Answer 6

They have full ‘rights of audience’

Question 7

What does advocacy mean?

Answer 7

Support or argue for a client.

Question 8

If a barrister is defending a case who will they be instructed by?

Answer 8

Solicitor who has initially spoken with D.

Question 9

What does the Barrister advise on during a case?

Answer 9

The strength of the case against D.

Question 10

What can the barrister do after the case?

Answer 10

Advise on appeals

Question 11

If a barrister is prosecuting a case, who will they be instructed by?

Answer 11

The CPS

Question 12

In a civil case the barrister can be instructed by both these categories.

Answer 12

Clients
Solicitors

Question 13

What do barristers do outside of court?

Answer 13

Preparation of written evidence and arguments.
Negotiation meetings.

Question 14

What would the barrister advocate for the client in a civil case?

Answer 14

Present evidence
Advise on possibility of appeal against liability/ award of damages.

Question 15

How do you become a King’s council?

Answer 15

Apply after 10 years of practice. This is called ‘Taking Silk’

Question 16

What do all legal personnel owe to their clients?

Answer 16

Confidentiality

Question 17

What duty does a barrister owe to the court?

Answer 17

Cannot mislead or waste time.

Question 18

If D admits his guilt to Barrister what can they do?

Answer 18

They do not have to disclose that but they cannot represent D if he pleads not guilty due to their duty to the court.

Question 19

What is the ‘Cab Rank Rule’?

Answer 19

Barristers cannot turn down a case if it is their area of expertise and they are available.

Question 20

What is the name of the board that sets out the code of conduct for barristers?

Answer 20

The Bar Standards Board.

Question 21

Who handles serious breaches of all legal personnel?

Answer 21

The Disciplinary Tribunal.

Question 22

What punishments can a barrister get if they are found to be in breach?

Answer 22

Formal warning
Further Training
Fine
Suspension
Disbarring

Question 23

If the complainant is unhappy with the result of the punishment, what can they do and what act allows them to do this?

Answer 23

They can make a complaint to the legal ombudsman.
Legal Services Act 2007

Question 24

What legal principle came from Hall v Simons?

Answer 24

There is a difference between genuine errors in judgment and negligent advocacy, and if a barrister or solicitor was negligent, they were not immune from being sued.

Question 25

Who do solicitors work for?

Answer 25

Private firms or the government.

Question 26

What is a specialised firm?

Answer 26

They focus of a specific area of law.

Question 27

What is a general practice?

Answer 27

They cover all parts of the law.

Question 28

What do solicitors do?

Answer 28

Interview clients Negotiation Draft legal documents Write emails

Question 29

Which courts can all solicitors appear in?

Answer 29

Lower courts

Question 30

What do solicitors need to appear in higher courts?

Answer 30

More qualifications

Question 31

What do solicitors do in civil cases?

Answer 31

Advise clients Collect and prepare evidence instructs or assists a barrister.

Question 32

What do solicitors do in criminal cases?

Answer 32

Speak to client Obtain details advise client

Question 33

Who meets out the code of conduct and investigates any breaches for solicitors?

Answer 33

The Solicitors Regulation Authority SRA

Question 34

What are the possible punishments for a solicitor?

Answer 34

Receive formal warning Fine Suspension Stricken Off

Question 35

What legal principle came from White v Jones?

Answer 35

Despite not being the clients of the solicitor, the daughters could sue due to suffering loss from the negligent work.

Question 36

How t become a legal executive?

Answer 36

Obtain the 'Chartered Institute of Legal Executives' CILEX qualification. 3 years of experience.

Question 37

Who do legal executives work for?

Answer 37

Firm or CPS

Question 38

What do legal executives do?

Answer 38

Similar work to a solicitor.

Question 39

What does a legal executive need to appear in court?

Answer 39

Advocacy certificates.

Question 40

Who sets out the code of conduct for legal executives?

Answer 40

CILEX

Question 41

Who decides if there has been a breach for a legal executive?

Answer 41

CILEX Regulation Board investigate the it is put to the Professional Conduct Panel.

Question 42

What are the possible punishments for a legal executive?

Answer 42

Reprimand Fine Exclusion

Question 43

Can legal executives be sued?

Answer 43

YES

Question 44

Where can you find District judges and what do they do?

Answer 44

lowest two courts in the civil and criminal division. County - low value claims of tort and contract Mags - hear cases alone instead of 3 mags.

Question 45

What makes someone eligible to be appointed as a district judge?

Answer 45

Qualified Barrister or solicitor Experienced of at least 5 years or having been a deputy district judge.

Question 46

Where do you find recorders and what do they do?

Answer 46

Complex cases in county Less serious in crown

Question 47

What makes someone eligible to be appointed as a recorder?

Answer 47

7 years experience

Question 48

Where do you find circuit judges and what do they do?

Answer 48

Property and family law in the county Any case in the crown court.

Question 49

What makes someone eligible to be appointed as a circuit judge?

Answer 49

7 years experience and ideally served as recorder or district judge before.

Question 50

Where do you find High court judges and what do they do?

Answer 50

In the Crown court or the KBD - high value contract and tort and serious criminal In chancery- high value claims of business and financial affairs In family - divorce, distribution of assets, child welfare in High - assist Lord Justices of Appeal.

Question 51

What makes someone eligible to be a high court judge?

Answer 51

7 years experience of being a judge and 20 years of being a barrister or solicitor. as well as a circuit judge for 2 years

Question 52

Where do you find Lord Justices of appeal?

Answer 52

criminal and civil divisions hear appeals

Question 53

Where do you find Justices of the Supreme Court and what do they do?

Answer 53

supreme court appeal cases on matters of public importance.

Question 54

What makes someone eligible to become a justice of the Supreme Court?

Answer 54

court of appeal of senior court service for at least 15 years.

Question 55

What makes someone eligible to become a lord justice of appeal?

Answer 55

solicitor or barrister for 7 years or an existing high court judge.

Question 56

How did the Constitutional Reform Act 2005 address the issue of separation of powers?

Answer 56

They made the Lord chief of justice the head of the judiciary instead of the lord chancellor.

Question 57

What does the CRA 2005 say also?

Answer 57

Ministers in government must not influence judicial decisions.

Question 58

What happened in 2009 with the Supreme Court?

Answer 58

they changed their name from House of Lords to Supreme Court.

Question 59

How are superior court judges given protection from the state?

Answer 59

They can't be dismissed (unless petition from both Houses goes to the monarch)

Question 60

Who can Inferior court judges be removed by?

Answer 60

The Lord Chancellor for incapacity or misbehaviour.

Question 61

Who are judges paid by?

Answer 61

Independent body.

Question 62

What can parliament decide that affects the independence of judges?

Answer 62

the age of retirement and pension eligibility

Question 63

Are judges immune from prosecution of any act carried out during their duty?

Answer 63

YES

Question 64

Are judges immune from being sued?

Answer 64

YES

Question 65

What is judicial review?

Answer 65

Where judges review law made by parliament.

Question 66

What Happened in ATB v Aylesbury Mushrooms?

Answer 66

The minister failed to consult the largest representative group. Court made the law ultra vires.

Question 67

What doe the Human Rights Act 1998 allow judges to do?

Answer 67

declare that an act is incompatible with Human Rights

Question 68

What happened in A v SOS for the Home department?

Answer 68

The court said that detaining only foreign nationals in this way breached article 5 and 14 of the human rights act and the government changed the law.

Question 69

Are judges allowed to have any connection to the case they are handling?

Answer 69

no

Question 70

What happened in Re Pinochet?

Answer 70

Lord Hoffmann was removed due to his connection and the case was retried with. a new panel.