solicitors and barristers 2 Flashcards

1
Q

What are the two separate branches of the legal profession in the UK?

A

Solciters and Barristers

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2
Q

How many solicitors and barristers are there in the UK?

A

130,000 solicitor’s
13,000 barristers.

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3
Q

Name a similarity and difference between the work of solicitors and barristers

A

both do advocacy and legal paperwork

barristers spending more of their time in court and solicitors spend most of their time in law firms or legal offices

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4
Q

Where do complaints go for solicitors and barristers?

A

Solicitors: Solicitors Regulation Authority
Barristers: Bar Standards Board

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5
Q

What is the typical first stages of someone becoming a solicitor

A

Study for a qualifying Law degree.

This means that they sit and pass exams in Legal Foundations such as Contract, Tort, Public, Criminal, Trust & Equity, and E.U law.

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6
Q

What is the Non law degree route of becoming a solicitor?

A

someone can instead take a Graduate Diploma in Law which takes a year, and teaches key principles of the legal system

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7
Q

What is the second stage of someone becoming a solicitor?

A

The Legal Practice Course which is a one-year full-time course

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8
Q

What is the third and final stage of someone becoming a solicitor?

A

Training contract - a fixed two-year work placement in a solicitor’s firm.

At the end of the two years willthey be a qualified solicitor.

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9
Q

How did training to become a solicitor change in 2021?

A

in 2021 the introduction of the SQE replaced the traditional LPC and training contract route with a new assessment-based system focusing on knowledge and skills as well as work experience.

Anyone who starts a law degree (GDL or LPC) before the SQE is introduced in 2021 can choose
which route they take to qualify. There will be a long transition period running until 2032, where candidates who are already on one of the former courses will be able to qualify as solicitors in the ‘old’ way.

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10
Q

What is the three typical fields of work a solicitor works in?

A

Criminal
Private
Employment

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11
Q

What is the role of solicitors in private firms?

A

Private firms
* Legal Advice - give advice to clients.

  • Drafting documents - drafting up contracts, wills, divorce papers, etc.
  • Administrative work - letters, phone calls, organising, etc.
  • Litigation- Also known as negotiation. Preparing case, e.g. in a divorce case.
  • Advocacy.
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12
Q

What is the role of solicitors in criminal cases?

A

Attend accused at police station.

  • Advise the accused.
  • Help accused obtain legal advice.
  • Interview witnesses.
  • Give information to barrister.
  • Advocacy work in Magistrates court / Crown Court.
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13
Q

What is the role of solicitors in employment?

A

Can be employed by companies, for example, local authorities, building societies, businesses, or
the Crown Prosecution Service to provide legal advice and handling legal matters on behalf of that employer.

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14
Q

What are the two possible initial training procedures to become a barrister?

A

Either:

  • Study for a Qualifying Law degree.
  • Pursue the non-law degree route (Graduate Diploma)
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15
Q

What is the second required training someone must complete to become a barrister?

A

One-year Bar Vocational Course (BPTC):

After completing the course, they are called to ‘the bar’.

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16
Q

After someone is called to the bar, what is a requirement for barristers?

A

They must become a member of one of four Inn’s of Court
and must visit the Inns twelve times for various networking events and training.

17
Q

What is the fourth stage required to become a barrister?

A

Trainees must complete a one-year pupillage

pupillage is like an apprenticeship for barristers. It provides hands-on experience in a barrister’s chambers, where pupils observe court proceedings, conduct legal research, draft legal documents, and assist their supervisor with casework.

18
Q

What can a barrister become after enough time in practise?

A

After 10-15 years in practice, an experienced barrister can apply to become a KC (King’s Counsel). KCs are appointed by the General Council of the Bar & Law Society. On appointment they ‘take silk’.

KCs are recognised for their expertise and status and because of this can command higher fees.

19
Q

How are barristers employed?

A

Barristers practicing at the Bar are self-employed, but usually work from a set of chambers.

Employed barristers- some work in the employed bar such as working for the Crown Prosecution Service.

20
Q

What is meant by the ‘right of audience’ ?

A

Right of audience refers to the ability for a barrister to speak ON BEHALF on their client.

Barristers have the right of audience in all courts

21
Q

Barristers cannot turn down any cases, what is the rule that enforces this?

A
  • the cab-rank rule

a barrister cannot turn down business if it’s their area of law and if they are free.

22
Q

How do barristers operate in criminal cases?

A
  • Barristers act as advocates in all courts.
  • Receive brief of case from solicitor.
  • Advise the solicitor and accused.
  • Meet accused at trial.
    • Prepare and draft case documents