legal personnel
- Created by: tiapitmanx
- Created on: 11-02-19 14:06
Barrister basic facts
- 'the bar' conrolled by their own professional body, the general coucil of the bar
- members of 1/4 inns. Lincolns Inn, Inner Temple, Middle Temple, Grays Inn
- 12,700 self employed
- 3,000 employed by organisations
Barrister stage one training
Degree
- if not in law then must past the GDL
- GDL = Graduate Dipolma in Law
Barrister stage two training
Bar Professional Training Course
- case prep
- opinion writing
- legal research
- drafting documents e.g. claims form
- conference skills
- negotiation
- advococy
- knowledge
Barrister stage three training
Pupilage
- 'on the job' training - work shadowing a barrister
- for 12 months or 6 months shadowing 2.
General role - Barristers
- self employed but within a chamber 15-20 members
- employ a clerk as admin
- after 10 years can apply to Queens Counsel - harder cases, higher pay
- advocacy - presenting cases in court
- rights of audience, can speak in any court
Direct Access
- don't have to go through a solicitor first
- not allowed in criminal or family cases
- additional training required
Who might employ Barristers?
- crown prosecution service - law pay but regular pay
- independent business
- local government
- civil services
- chamber work - high pay but not reliable
Barrister role change
- can gain advocate right to higher cases after proving yourself in lower ones - get credited
- has not come into force is just a sugesstion
Solicitor basic facts
- 136,000 in practice
- 90,000 on private practice
- controlled by the law society
Solicitor stage one training
Degree
- in law or if not sits GDL
- GDL = graduate diploma in law
Solicitor stage two training
Legal Practice Course
- client interviews
- negotiation
- avdvocacy
- drafting documenhts
- legal research
- business management overseen by Solicitors Regulatory Authority
Solicitor stage three training
Authorised training
- works in a firm for 2 years gaining practical experience
Solicitor employment opportunites
- private firm practice
- legal advisor
- crown prosecution service
- local authority or government
- private practice as a sole solicitor
- general firm practice
- ain to start as assistant or associate solicitor in hope to be a partner in firm
Solicitor general role
- advising clients
- interviews
- negotiating
- writing letters
- drafting contracts, leases and other legal documents
- drawing up wills
- conveyancing
- advocacy
solicitor specialisations
- In one field
- smaller firms are more general whereas larger firms have departments
- cities tend to concentrate on business
- solicitors breif barristers ready for the court
Solicitor rold change
Conveyancing
- deal with legal side of buying and selling property
Rights of audience
- court and legal services act 1990
- can now apply for advocacy in higher courts. need magistrate and county court experience. then a short training course and exam
Queen counsel basic facts
- can apply after 10 years
- 10% practising at the Bar are QC
- known as 'taking silk'
- take on more complicated and high profile cases
- not in QC 'junior barrister' - ofen assist QC
- charge higher fees
QC appointment system until 2004
- appointed by Lod Chancellor
criticised for...
- criteria was too secretive
- less than 10% of QC were women, plus only small number of ethnic minority
= had an effect on the composition of the judiciary
senior judges usually chosen from QC ranks. In 2004 Lord Chancellor, the Bar Council and the law society agreed a new system.
QC appoitment system from 2006
done by the independent selection panel
- application fee = £2,160 ... if successful ...
- appoitment fee = £3,600
need references and an interview
New QC system appointment
- 2016 = 107 new QC members
- 25/48 women applied and were successful
- 9/32 ethnic minorities applied and were successful
- 3/9 solicitors applied and were sucessful
- 15% women and 6.5% ethnic minority
Legal executives basic facts
- work as a assistant in a solicitors firm
- have to pass the Institute of Legal Executives Professional Qualification in law
- specialise in one particular field
- over 20,000 in practice
Training Qualifications of legal executives
- professional diploma in law and professioanl higher diploma in law
- 5 years work in a firm or organisation ( CPS or gov.)=
= fellow of the chartered insitute of legal executives
- can go on to be a solicitor after passing Law Societies Legal Practice Course
Legal executive role
- handle various legal aspects of property transfer
- assist in the formation of a company
- dreft wills
- advise on matrimonial problems
- advise clients accused of petty crime
- have some rights of audience
- specialise in one area
- partners in firm are responsible of them
- fee earners = charge an hourly rate direct to client, this contributes to the firm
Legal executive advocacy
- some rights of audience - not family/civil matters in county court
- since 2008, extra course on advocacy and wider audience rights
3 practising certificates
- civil proceedings
- criminal proceedings
- family porceedings
make applications of bail or deal with youth/family at magistrates
Representative Body Barristers
Bar Council
- fufills a trade union function
- represents the bars view on issues such as legal aid payment rates to appropiate gov. department
- promotes fair access of justice to all
- use to be responsible for disciplining barristers who breahced Code Of Practice but was creating conflict so created the Bar Standards Board
Regulatory Body Barristers
Bar Standards Board
- sets training and entry requirements
If behaviour seriously breached then pass on to a Disciplinary Tribunal by independant Bar Tribunals and Adjudication Service
- reprimand Barrister
- complete extra training
- fine up to £50,000
- 12 month suspension
- disbar
If unhappy then go to the legal ombudsman
Representative Body Solicitors
Law Society
- everyone is a member, almost 200 years running
- speaks to gov. , parliament and public on legal issues in order to protect members
- helps raise the profile of the profession through campaigns and networking, promotes the UK legal sector
Regulatory Body Solicitors
Solicitors Regulatory Authority
- deals with complaints about misconduct
goes to a Solicitors Disciplinary Tribunal
- fine
- reprimand
- suspend
- strike
If unhappy go to Legal Ombudsman
Comments
No comments have yet been made