LEGAL PERSONNEL- solicitors 8 markers PAPER 1

Question 1

role of solicitors

Answer 1

work in private firms, but some do work for the Government in some way.
often interview clients, negotiate on their behalf, draft legal documents, write emails and letters etc. Solicitors have rights of audience in lower courts, but a qualification is needed to have rights in the higher courts.
Civil cases; advise clients; collect and prepare evidence; then either instruct and assist a barrister, or may advocate themselves.
criminal cases; speak to a client who has been arrested or issues a summons, then obtain details of the case and advise the client. Depending on the seriousness of the case, the solicitor may instruct a barrister or represent the client themselves.
After at least ten years of advocating in higher courts, solicitors can apply to be become a KC

Question 2

Explain how solicitors are regulated/disciplined / explain how complaints against solicitors will be handled

Answer 2

Solicitors Regulation Authority (SRA) handles complaints of solicitor misconduct.
investigate the complaint, and if there is enough evidence, bring a case to a Disciplinary Tribunal. If the complaint is upheld, the solicitor can receive a warning (reprimand), fine, suspension, or be stricken off entirely.

complainant is unhappy with the decision of the SRA, the Legal Services Act 2007 allows a complain to be made to the legal ombudsman

Solicitors can be sued for breach of contract, as well as in negligence for poor advocacy (Hall v Simons) or poor work (White v Jones)