Solicitors and Barristers

Question 1

How many solicitors are there in England and Wales?

Answer 1

100,000

Question 2

Who are the solicitors supervised and represented by?

Answer 2

The law society

Question 3

What two ways can solicitors work?

Answer 3

Alone

Mostly in partnerships

Question 4

What happens when a solicitor works in a partnership?

Answer 4

The partners take a share of any profits

Question 5

Who do solicitors officers employ?

Answer 5

Salaried solicitors

Question 6

Who are Salaried solicitors?

Answer 6

Solicitors how get paid a fixed amount each month

Question 7

What are the two law firms?

Answer 7

High street solicitors firms

Commercial firms

Question 8

What is a high street solicitors firm?

Answer 8

Deal with clients and cover criminal and/or civil law - may have several officers throughout a region - advise and represent client charged with criminal offence

Question 9

Commercial firms?

Answer 9

Work for businesses rather than individuals - often have offices throughout the entire world - may advise clients on intellectual property matters - represent wealthy individuals

Question 10

How do people complain about solicitors?

Answer 10

The first step is to raise the matter with the solicitor OR the firm that they work for

Question 11

How should a compliant be made?

Answer 11

In writing

Question 12

The law society (complaints)

Answer 12

It had a resolution form on the website which you can print off and fill in

Question 13

What should the dissatisfied client explain when complaining against a solicitor?

Answer 13

The complaint

How they would like it to be resolved

Question 14

Are most complaint against solicitors resolved?

Answer 14

Yes

Question 15

What is the 2 step to complain against solicitors ?

Answer 15

The client contacts the law society if they complaint has by been resolved

Question 16

Complaints against solicitors - Law society (time limit?)

Answer 16

Usually 6 months

Question 17

What can the law society do about the complaint towards solicitors?

Answer 17

Reduce solicitors bill
Order solicitor to pay compensation up to £15,000
Make them correct the mistake and meet the costs incurred

Question 18

Where is the 3rd place a client can complain about a solicitor?

Answer 18

The legal services ombudsman

Question 19

How can a client appeal to the legal services ombudsman?

Answer 19

Must be within 3 months of receiving the law society’s decision

Question 20

What do the LSO do?

Answer 20

They WONT usually look at the original complaint but will investigate how the law society dealt with it

Question 21

What 3 things can the LSO order?

Answer 21

Recommend the law society to reconsider complaint
Formally criticise the law society
Order the law society to pay compensation

Question 22

What can a client do to a solicitor?

Answer 22

Sue them through the courts for negligence

Question 23

What is negligence?

Answer 23

Failure to take proper care of something

Question 24

What must the client prove about the solicitor?

Answer 24

That they fell below the standards of a reasonable solicitor

Question 25

What can the courts do if the client is successful in suing the solicitor?

Answer 25

They can award compensation

Question 26

How many barristers are there in England and Wales?

Answer 26

15,000

Question 27

Who are barristers covered and supervised by?

Answer 27

The bar council

Question 28

What are most barristers?

Answer 28

Self employed by share administrative costs by working together in chambers

Question 29

What do barristers traditionally specialise in?

Answer 29

Advocacy

Question 30

What is advocacy?

Answer 30

Representing clients in courts in both criminal and civil cases

Question 31

What is the cab-rank rule?

Answer 31

Where a barrister, if they have the time and skills, must accept the job they have been offered

Question 32

Why is the cab-rank rule important?

Answer 32

Avoids situations where some people may not be able to get a barrister to represent them

Question 33

Until what year was it that only solicitors could I trust barristers?

Answer 33

1989

Question 34

Until what year could the public go directly to a barristers instead on instructing a solicitor first?

Answer 34

2003

Question 35

What is public access?

Answer 35

When the public can directly go to a barrister

Question 36

What must barristers fulfil before accepting public access work?

Answer 36

Practising for at least 3 years | Attending training course

Question 37

Name 3 exceptions of public access?

Answer 37

Criminal Family Immigration work

Question 38

Do barristers have to accept public access work?

Answer 38

They are inclined to not accept

Question 39

What must a barrister consider if they agree to public access work?

Answer 39

That it is in the interests of the client and interest of justice for the case to proceed

Question 40

How many barristers are employed rather than self employed?

Answer 40

About 3,000

Question 41

What can barristers apply to become?

Answer 41

A queens counsel

Question 42

How much do applicants pay to become a queens counsel initially?

Answer 42

£1,800

Question 43

How much do applicants pay to become a queens counsel after £1,800?

Answer 43

£2,250 if successful

Question 44

After a selection panel review the applications of barristers, what happens next?

Answer 44

The are interviewed

Question 45

Advantages of successfully applying to be a queens counsel?

Answer 45

They gain an elevated status among their peers Command higher fees Junior barristers assist them Wear silk rather than polyester gowns

Question 46

What is the first step to complaining against a barrister?

Answer 46

they should speak to their solicitor if they had one and see whether they agree with the complaint

Question 47

Where is the 2nd place to complain against barristers?

Answer 47

The bar council

Question 48

How long should someone complain by to ten bar council?

Answer 48

Within 6 months

Question 49

Who oversees the complaints process?

Answer 49

The complaints commissioner

Question 50

Who is the current commissioner?

Answer 50

Michael Scott

Question 51

Who is Micheal Scott?

Answer 51

A non-lawyer who is entirely independent from the bar council

Question 52

What happens if the commissioner thinks that the complaint can be justified?

Answer 52

He will refer to the Professional Conduct and complaints committee for its opinion

Question 53

What happens if the PCCC agree that the complaint is justified?

Answer 53

It is sent to a disciplinary panel for a final decision as to whether it can be justified and determines measures that should be taken

Question 54

What does the PCCC assess?

Answer 54

The nature of the complaint

Question 55

One example of a complaint?

Answer 55

Professional misconduct - leaving a case short noticed without a good reason or acting against clients interests

Question 56

What can the bar council do with complaints against barristers?

Answer 56

Give advice Order barrister to pay fee Suspend barrister Disbar - no longer practise

Question 57

Another example of a complaint against a barrister?

Answer 57

Inadequate service - delay or rudeness towards the client

Question 58

What can the bar council do about inadequate service?

Answer 58

Ask barrister to apologise or repay fees up to £5000

Question 59

Where is he final appeal to complain against barristers?

Answer 59

Legal services ombudsman

Question 60

What can a client do to a barrister?

Answer 60

Sue them for negligence

Question 61

Up until what year did barista have immunity from liability?

Answer 61

2000

Question 62

What case abolished the immunity of liability for barristers?

Answer 62

Arthur JS Hall and Co v Simons (2000)