Legal Personnel 8️⃣

Question 1

Role of a Barrister in the Legal System

Answer 1

1. Most barristers are self-employed in chambers; some work for CPS, businesses, or government.
   
   2. Professionals (like accountants) can hire a barrister directly; the public can use the Direct Access Portal.
   3. Barristers can represent clients in any court because they have full rights of audience.
   4. In criminal prosecution, barristers advise police and ensure sufficient evidence for charges.
   5. In criminal defence, barristers advise on prosecution evidence, defence weaknesses, and appeals.
   6. In civil cases, barristers specialise (e.g., personal injury), draft documents, negotiate settlements, and advise on appeals.
   7. Cab Rank Rule: Barristers must accept suitable cases unless engaged; different for Direct Access cases.
   8. After 10 years, barristers can apply to become Queen’s Counsel (QC) and take high-profile cases.

Question 2

Barristers’ Regulation

Answer 2

S1. The Bar Standards Board regulates barristers and sets a code of conduct.
2. The Board investigates any breaches of the code of conduct.
3. If serious, the Board can send the case tothe Disciplinary Tribunal.
4. The Tribunal can reprimand, fine, suspend, or disbar a barrister for serious breaches.
5. Disbarment means a barrister is no longer allowed to practice.
6. If a person is unhappy with the Bar Standards Board decision, they can complain to the Legal Ombudsman.
7. Common complaints include unclear costs, delays, or poor information given to the client.
8. The Ombudsman can make the barrister pay up to £50,000 in compensation or make other changes.

Question 3

Solicitors’ Role

Answer 3

1. Most solicitors work in private practice, either in small or large firms, or for the CPS, government, or businesses.
   
   2. Solicitors are usually the first point of contact for c lients and provide direct advice.
   3. In large firms, solicitors specialise in specific areas, while in smaller firms, they handle general tasks like wills, business issues, and family matters.
   4. In civil matters, solicitors interview clients, negotiate settlements, draft legal documents, and collect evidence.
   5. Solicitors prepare court papers and may make bundles of documents to send to barristers or use themselves.
   6. Some solicitors practise advocacy, representing clients in lower courts or before a single judge in family matters.
   7. In criminal cases, solicitors meet clients at the police station, advise during interviews, and help prepare the case for court.
   8. In serious cases, solicitors work with barristers, attend bail hearings, and explain bail conditions to clients.

Question 4

Solicitors’ Regulation

Answer 4

1. The Solicitors Regulation Authority (SRA) investigates complaints about solicitor misconduct.
   
   2. If misconduct is found, the case is sent to the Solicitors Disciplinary Tribunal.
   3. The Tribunal can fine, reprimand, or suspend the solicitor from practicing for a period.
   4. In very serious cases, the Tribunal can strike the solicitor off, meaning they can’t practice anymore.
   5. Solicitors can be sued for breach of contract if they fail to meet the terms agreed with their client.
   6. Clients can also sue a solicitor for negligenceif poor work causes them a financial loss.
   7. In Hall v Simmons (2000), it was ruled that losses due to negligent actions can be recovered.
   8. In White v Jones (1995), a solicitor was found liable for negligence when failing to add a codicil to a will, causing the client’s daughters to lose out on inheritance.#

Question 5

Legal Executives’ Role

Answer 5

1. Legal Executives are employed and earn fees for their firms, contributing to the firm’s profits.
   
   2. They often work in both large and small firms, specialising in a specific area of law.
   3. Like solicitors, legal executives interview clients, negotiate, and complete paperwork such as letters and contracts.
   4. They also handle tasks like drafting wills and doing conveyancing.
   5. Legal Executives have some rights of audience in family and civil cases in County Courts and Magistrates’ Courts.
   6. They can apply for wider rights of advocacy through special courses.
   7. These courses lead to certificates in civil, criminal, or family proceedings, expanding their rights to represent clients in more areas.
   8. With the right certificates, they can handle bail applications and cases in family or youth courts.

Question 6

Legal Executives’ Regulation

Answer 6

1. Legal Executives are members of the Chartered Institute of Legal Executives (CILEx), which promotes professional standards.
   
   2. CILEx publishes a code of conduct and guidelines for good practice, but its members are regulated by the CILEx Regulation Board.
   3. The CILEx Regulation Board investigates complaints about legal executives.
   4. After investigating, the issues are sent to the Professional Conduct Panel to decide if there’s misconduct.
   5. If misconduct is found, the Panel may reprimand or warn the legal executive.
   6. Serious cases are referred to the Disciplinary Tribunal.
   7. The Disciplinary Tribunal can exclude a legal executive from CILEx membership, reprimand them, or fine them.
   8. The Office for Legal Complaints investigates how regulatory bodies handle complaints and can refer cases to the Legal Ombudsman.

Question 7

Types of Judges

Answer 7

1. Circuit Judges manage cases in the County Court and Crown Court, allocating tracks, deciding damages, and overseeing fair hearings.
   
   2. In criminal cases, Circuit Judges ensure the trial is fair and decide on legal issues, but the jury decides the facts.
   3. Superior judges in the Supreme Court hear the most important cases and decide whether to grant appeals, clarify the law, or order a retrial.
   4. Lords Justices of Appeal sit in the Court of Appeal and set precedents for lower courts to follow.
   5. Recorders work in the Crown Court and County Court, handling cases similar to Circuit Judges.
   6. District Judges in the County Court handle small claims cases (under £10,000) and follow a similar role to Circuit Judges.
   7. District Judges (Magistrates’ Courts) hear complex cases, decide on facts, and sentence guilty defendants, including family cases.
   8. High Court Judges handle civil cases, make decisions on claims, and hear Judicial Review cases, ensuring government decisions are lawful.
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Question 8

Judges’ Work in Criminal Law

Answer 8

1. Recorders, Circuit Judges, and High Court Judges hear criminal trials in the Crown Court. District Judges are rarely used in the Magistrates’ Court.
   
   2. Before the trial, judges manage cases by setting timetables and arranging witness requirements to ensure the case moves quickly.
   3. Judges may hear bail applications, especially in serious cases like murder.
   4. During the trial, judges explain the role of the jury, listen to evidence, and rule on legal matters.
   5. After the trial, judges sum up the law for the jury to make their decision, and may give written instructions in complex cases.
   6. If the jury finds the defendant guilty, the judge accepts the verdict and proceeds with sentencing.
   7. Superior judges can hear criminal appeals and decide if leave to appeal is granted.
   8. Appealing judges review points of law, and may reverse, confirm, or change the decision. They can also set precedent or clarify the law.

Question 9

Judges’ Work in Civil Law

Answer 9

1. District, Circuit, and High Court judges can hear civil trials in the County Court or High Court.
   
   2. Before the trial, judges manage the case by setting timetables for preparation to ensure the case moves quickly.
   3. During the trial, judges listen to both sides’ evidence and may ask questions to help clarify the key issues, but they must remain impartial.
   4. Judges may also rule on legal matters during the trial.
   5. After the trial, the judge decides which party wins and the remedy (e.g., damages or an injunction).
   6. High Court judges hear judicial review cases, where someone challenges the validity of a government decision.
   7. All judges can hear civil appeals and first decide whether to grant leave to appeal, requiring grounds to appeal.
   8. Appealing judges review legal points and may reverse, confirm, or change the original decision. Superior judges can set precedent and clarify the law.

Question 10

Separation of Powers and Judiciary Independence

Answer 10

1. Separation of Powers theory was proposed by Montesquieu, a French theorist, in the 18th Century.
   
   2. The theory says that a state’s power should be divided into three separate functions: the executive (government), the legislature (parliament), and the judiciary (courts).
   3. The goal of separation is to limit the power of each body and protect citizens by keeping them independent.
   4. Each body should act as a check on the others, ensuring no one body holds too much power.
   5. Ideally, no individual should hold roles in more than one “arm” of the state (executive, legislature, judiciary).
   6. In practice, the separation isn’t perfect; for example, the executive and legislature overlap, as government ministers also sit in Parliament.
   7. The executive has some control over selecting senior judges, as the Lord Chancellor is involved in judicial appointments.
   8. The judiciary’s role overlaps with the legislature because they can make law through judicial precedent and statutory interpretation.

Question 11

The Independence of the Judiciary

Answer 11

1. Security of Tenure:
   Senior judges can’t be fired by the government; only the monarch can do so, following a petition by both Houses of Parliament. Lower judges can be dismissed for bad behaviour or incapacity.
   
   2. Guarantee of Independence:
      The law (Constitutional Reform Act 2005) says judges must be independent and not influenced by the government.
   3. Immunity from Lawsuits:
      Judges can’t be sued for decisions made during cases, unless they acted outside their role or without proper authority.
   4. Independence from Parliament:
      Judges don’t make laws and can’t be members of the House of Commons. After 2009, judges in the Supreme Court can’t be part of Parliament.
   5. Independence from the Government:
      Judges can’t be fired by the government. They can make decisions that upset ministers, as shown in past cases like Fire Brigades Union.
   6. Judicial Review:
      Judges can challenge decisions made by the government if they’re unlawful.
   7. Recusal from Conflicted Cases:
      Judges must step aside from cases where they have a personal interest, like in the Pinochet case.
   8. Limitations:
      While judges’ pay is protected, Parliament can still change things like their retirement age and pension rules.