Legal Professionals Flashcards
(6 cards)
Decribe
The Work of Solictiors
- Work in private practice at a firm, or the CPS, or a Governmental Department.
- Solicitors often specialise in a certain area of law like civil law.
- They will interview clients, negotiate for clients, draft legal documents, write letters and draw up wills and conveyancing.
- They can do adovcacy work to advocate in a Crown Court, they need a cerificate in Advocacy which gives them a hugher right of audience.
- Can be appointed to judicial posts such as District Judges
Describe
The work of Barristers
Direct Acess, Cab Rank
- Barristers are self-employed and work in chambers, they work for CPS, Government or a Business.
- Mainly advocate in court, and specialise in an area of law.
- They have all rights of auidences in all courts.
- They also give legal advice to solicitiors, write opinions on cases, hold case confereneces and draft documents for court.
- Direct Access allows a client to skip a solicitor and go to Barrister in non criminal and family law cases, saves money and time.
- Cab Rank Rule, so can’t turn down case if on area of law they deal with and are free, can turn down a case if can’t provide service.
- With advocacy qualification can become Kin’s counsel after 10 years, and take on complicated cases.
Describe
The work of Legal Executive
Tribunals Courts and Enforcement Act 2007
- Specialise in a particular area of law. Qualified lawyers with a special qualifiaction from CiLEX
- Daily day-to-day work of a solicitor
- Litigation, providing legal advice to clients, researching and preparing legal documents, attend court to assist with presenting a case, working with and assisting solicitors.
- Legal matters like wills and probate, conveyancing.
- Have some rights of audiences and can work in all courts
Tribunals Courts and Enforcement Act 2007 - Can become District Judge, Judge of First Tier Tribunal, Member of panel of Employment Tribunal
- Are fee-earners, charged hourly directly to client.
Describe
The regulation of Solicitors
Legal Services Act 2007
Solicitor Regulation Authority
* Regulate all solicitors in the UK
* Deal with complaints like failing to meet required standards set by SRA, broken SRA rules, or theft from Client
Solicitors Disciplinary Tribunal
* Referred here if serious professional misconduct.
* They can reprimand solicitor, suspend solicitor from practice, or strike them off the roll of solicitors.
Legal Ombudsman
Legal Services Act 2007 - Set up Office for Legal Complaints, and Legal Ombudsman
- Investigate how SRA handled misconduct.
- Power to make solicitor apologise to client, give back any documents, do more work or correct wrongs, refund legal fees or pay compensation.
Describe
The regulation of Barristers
Legal Services Act 2007
Bar Standards Board
* Regulates all barristers in the UK.
* Deal with complaints like, breach of conduct, bribery or fraud, dishonesty and misconduct in court.
Disciplinary Tribunal of the Council of the Inns of Court
* Sent here in cases of serious professional misconduct.
* Power to suspend barrister for set time, or disbar them.
Legal Ombudsman
Legal Services Act 2007 - Set up the Office for Legal Complaints and Legal Ombudsman
- Investigate how BSB handled complaint.
- Power to make barrister apologise to client, give back documents, correct any wrongs, refund and compensate client.
Decribe
The regulation of Legal Executives
Legal Services Act 2007
CILEx Regulation Board
* Independent Regulator of all Legal Executives.
* After completing an investigation, they prepare a summary of the issues, and sends it to the Professional Conduct Panel for consideration.
* Panel Decides if misconduct.
Legal Ombudsman
Legal Services Act 2007 - Set up Office for Legal Complaints and Legal Ombudsman
- Investigate how CILEx invesitgated the complaint of misconduct.
- Power to make LE, apologise to clinent, give back documents, correct wrongs, refund or pay compensation.
