English Legal System and Law making - Paper 1 (Legal Personnel)
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- Created by: chloesrevising
- Created on: 19-06-22 17:21
What three personnel come under the generic term 'lawyer'?
Solicitors
Barristers
Legal Executives
Barristers
Legal Executives
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What contact are solicitors to clients?
First point of contact.
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How many solicitors are there practicing in England and Wales?
Approximately 130,000.
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What are they controlled body?
their own professional body : the law society
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How many solicitors are there employed in private practice?
90,000.
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Who do the remainder work for (4 bodies)?
Local Government,
Civil Service,
Crown Prosecution Service,
Private businesses.
Civil Service,
Crown Prosecution Service,
Private businesses.
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Where can solicitors work?
Variety from large city law firms with multinational clients to smaller less specialised high street practices.
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What does working 'in house' mean?
Working for local government / practice industry.
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What two things might solicitors work be and what do these mean?
Contentious - court based.
Non contentious - not court based e.g. conveyancing.
Non contentious - not court based e.g. conveyancing.
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What six things do solicitors do in their work?
Provide legal advice to clients,
Negotiate on their behalf,
Advocacy work,
Draw up contracts,
Draft wills,
Take witness statements.
Negotiate on their behalf,
Advocacy work,
Draw up contracts,
Draft wills,
Take witness statements.
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What two things might solicitors do with the barristers?
brief a barrister to conduct the case when it is necessary to go to court
consult barristers for an opinion on a complex case
consult barristers for an opinion on a complex case
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What two courts have magistrates always had the rights to act as advocates in?
Magistrates & County Court.
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What can they now exercise higher rights of and what does this mean?
Higher rights of audience - appear in higher courts.
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What two acts allow solicitors to exercise higher rights of audience?
Courts and Legal Services Act 1990 & Access to Justice Act 1999.
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What three things must a solicitor do to exercise higher rights of audience?
Completing extra training,
Passing examinations on rules of evidence,
Applying for a certificate for advocacy.
Passing examinations on rules of evidence,
Applying for a certificate for advocacy.
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What are solicitors then known as after completing these three steps?
Solicitor advocates.
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What are they then eligible to be appointed as?
Queen's counsel.
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What is the route to becoming a solicitor if you take a three year law degree?
Law degree (includes certain core subjects) -> completion of Legal Practice Course / LPC (year full time or two years part time)
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What is the route to becoming a solicitor if you take a non law degree?
Non law degree -> Graduate Diploma in Law / GDL (one year conversion course) -> LPC can be taken
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What must all students then obtain with a law firm?
Training contract.
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How many years is that typically?
Two years.
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What will the trainee undergo here?
Experience in different areas of the firm's work and also further training.
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What does the trainee solicitor apply to on completion of this course?
Solicitors Regulation Authority.
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If then successful with this application, where are they admitted to become fully qualified?
Roll of Solicitors.
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From 2020, what is the new way of qualifying known as?
Solicitors Qualifying Examination / SQE.
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What will prospective solicitors require for this?
Any undergraduate degree or equivalent experience e.g. degree level apprenticeship.
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What will there be no requirement of?
Qualifying law degree or GDL.
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What does stage 1 of the SQE consist of?
Assessing legal knowledge through multiple choice questions.
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On passing, what is stage 2?
Assess legal skills through practical examinations and assessments.
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What must applicants also complete before, during, or after their SQE assessments?
2 years qualifying work experience with up to 4 different employers including pro bono experience.
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What do they then apply to for qualification?
SRA.
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What does this check about the applicant?
The applicant's quality and suitability before deciding whether to grant their qualified status.
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What two things regulate solicitors?
The Law Society.
Solicitors Regulatory Authority.
Solicitors Regulatory Authority.
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What society must all practicing solicitors be members of?
The Law Society.
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How does the Law Society support the interests of solicitors?
Makes sure their voices are heard by the right people : government, industry and international jurisdictions.
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What does the Law Society campaign to do?
To try to influence government policy and the public on a range of legal issues.
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Why does the Law Society work to influence policy and legislation?
To ensure it protects it's members, the public and the justice system.
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What did the Law Society used to be responsible for?
Dealing with complaints about solicitors.
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Who has this power now been passed on to?
Solicitors Regulatory Authority / SRA.
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What does the Solicitors Regulatory Authority set for the solicitors?
Standards for qualifying.
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What does it monitor?
Quality of training.
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Where does it refer complaints about professional conduct to?
Solicitors Disciplinary Tribunal.
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If a complaint is upheld what options can the Solicitors Regulatory Authority take?
Fine or reprimand solicitor,
Suspend solicitor,
Strike Solicitor off the Roll.
Suspend solicitor,
Strike Solicitor off the Roll.
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What does striking a solicitor off the roll prevent them from doing?
From practicing as a solicitor.
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If complainants disagree with the SRA'S decision who can they appeal decisions to?
The Legal Ombudsman.
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What are barristers?
Specialist advocates.
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How many self employed barristers are there in independent practice in England and Wales?
12,700.
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How many further barristers are there employed by organisations and what four organisations are these?
3,000.
Crown Prosecution Service,
Independent businesses,
Local Government,
Civil Service.
Crown Prosecution Service,
Independent businesses,
Local Government,
Civil Service.
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What are barristers collectively known as?
The Bar.
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What is the their own professional body that controls them called?
the general council of the bar
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What is the their own professional body that controls them called?
one of the four inns of court which are based in london
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Are barristers self employed?
yes
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Where do they work out of and what does this mean?
chambers - shared offices
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Who do they employ?
clerks
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What is the role of this person?
Arrange meetings with clients and their solicitors,
Negotiate fees.
Negotiate fees.
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How many barristers are in a chamber due to their fairly small size?
15 - 20
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Who do some barristers work for if they aren't working at the Bar?
Law centres,
Advice agencies,
Government departments,
Private companies.
Advice agencies,
Government departments,
Private companies.
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With the exception of specially trained solicitor advocates, what are barristers the only people allowed to do?
Conduct advocacy in the superior courts.
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What is this also known as?
full rights of audience
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What do barristers do as well as advocacy?
Provide expert opinions on points of law to solicitors,
Write opinions on cases,
Give advice,
Draft complex documents for court use.
Write opinions on cases,
Give advice,
Draft complex documents for court use.
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What rule do barristers follow?
cab rank rule
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What does this mean they must do?
If free, they must accept any case within their area of specialism for which a suitable fee is offered.
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How do client's usually access their barrister?
via their solicitor
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What was this thought to do?
increase legal costs as it meant clients would have to consult and pay for two lawyers
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Since 2004, what can members of the public now do for civil cases?
instruct barristers directly
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What scheme was this under?
direct access scheme
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Where is direct access still not allowed?
criminal cases / family work
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What must barristers undergo if they wish to engage in direct access work?
additional training
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What is the route of becoming a barrister if you take a three year law degree?
Law degree (including certain core subjects) -> Bar Course Aptitude Test / BCAT -> Bar Professional Training Course / BPTC (year full time or two years part time)
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What is the route of becoming a barrister if you take a non - law degree?
Non law degree -> GDL -> one of four inns of court joined -> BCAT -> BPTC
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What does the Bar Professional Training Course include?
both core and optional subjects
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What are some included subjects taken?
Case preparation and legal research,
Criminal & Civil Advocacy,
Civil & Criminal Litigation,
Drafting documents,
Opinion writing,
Conference skills - interviewing clients, advocacy and negotiation).
Criminal & Civil Advocacy,
Civil & Criminal Litigation,
Drafting documents,
Opinion writing,
Conference skills - interviewing clients, advocacy and negotiation).
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What are the four inns of Court?
Lincoln's inn,
Inner Temple,
Middle Temple,
Gray's inn.
Inner Temple,
Middle Temple,
Gray's inn.
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What must barristers complete to be called to the Bar?
Join an inn,
Complete 12 qualifying sessions or residential training weekends.
Complete 12 qualifying sessions or residential training weekends.
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What do the barristers complete to gain a place in chambers?
On the job training : pupillage.
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How can barristers apply for this?
Online facility called the Pupilage Gateway.
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What is the first six months of pupillage spent doing?
Observing cases & assisting barristers with research.
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What is the second six months spent doing?
Work shadowing continues & pupil barristers take own simple cases under supervision.
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On completing pupillage, what can be obtained and what does this mean?
Tenancy - permanent place in barristers chambers.
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What two things regulate barristers?
The General Council of the Bar.
Bar Standards Board.
Bar Standards Board.
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What does the general council of the bar act like for barristers?
a trade union
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How does it represent the interests of the Bar?
Promotes high quality specialist advocacy and advisory services available,
Makes bar's views known to government about issues such as legal aid payment rates.
Makes bar's views known to government about issues such as legal aid payment rates.
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What else does the council promote for barristers?
fair access to justice, high standards of ethics, equality and diversity and the development of business opportunities for barristers
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What did the council used to be responsible for?
discilpining barristers
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Where has this power now been passed to?
bar standards board
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What three things does the Bar Standards Board oversee?
Training,
Professional conduct,
Disciplinary matters.
Professional conduct,
Disciplinary matters.
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What code should barristers comply with?
code of conduct
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Who investigates any alleged breaches of the Code?
the board
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Where may these breaches be referred to?
a discipinary tribunal
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What independent service arranges this?
Bar Tribunals and Adjudication service.
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What may sanctions from the tribunal include?
Reprimand,
Further professional training,
Fine of up to £50,000,
Suspension for up to 12 months,
Disbarring in extreme cases.
Further professional training,
Fine of up to £50,000,
Suspension for up to 12 months,
Disbarring in extreme cases.
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If complainants disagree with the Board's decision who can they appeal decisions to?
the legal ombudsman
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Who can apply to become a queen's counsel?
barristers or solicitors with an advocacy qualification and at least ten years experience
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What percentage of barristers practicing at the bar are queen's counsels?
about 10%
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What is becoming a queen's counsel also known as and what does this mean?
'taking silk'
high responsibility and privilege
high responsibility and privilege
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What cases do queen's counsels take on?
more complicated and high profile cases
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What can queen's counsels command for?
higher fees for their expertise
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What do many queen's counsels have to assist them with their cases?
a junior barrister
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What is the work of legal executives similar to?
the work undertaken by solicitors
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Are legal executives qualified lawyers?
yes
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What qualification do legal executives have to pass?
institute of legal executive's professional qualification in law
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Are they specialists?
yes - in a particular area of law
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Who do legal executives assist?
solicitors
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How many legal executives are there practicing?
over 20,000
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What do legal executives do?
provide legal advice to clients
negotiate on their behalf
do some advocacy work
draw up contracts
draft wills
advise on area of specialism
take witness statements
negotiate on their behalf
do some advocacy work
draw up contracts
draft wills
advise on area of specialism
take witness statements
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As opposed to solicitors, what do legal executives not automatically gain?
rights of audience to argue cases in courts
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Since 2008, what have legal executives been able to undergo and obtain?
additional training in advocacy
wider rights of audience
wider rights of audience
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In which three proceedings will legal executives be able to apply these wider rights of audience?
civil proceedings
criminal proceedings
family proceedings
criminal proceedings
family proceedings
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What is an example of a matter can legal executives then be able to deal with?
making application for bail
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What courts can they also then deal with cases in?
youth court
magistrates court
magistrates court
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What basis do legal executives complete training on and what are they working for whilst doing this?
part time basis whilst working for a law firm
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What will legal executives study?
wide range of academic law topics
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What training do they take part in as opposed to solicitors?
narrower vocational training than solicitors suited to the area they will practice in
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What do legal executives have to do to become a fellow of the chartered institute of legal executives?
pass professional diploma in law
pass professional higher diploma in law
five years work experience in solicitors firm or other legal organisation
pass professional higher diploma in law
five years work experience in solicitors firm or other legal organisation
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How can chartered legal executives go on to become qualified solicitors?
completing further legal study and the legal practice course
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What two bodies are responsible for the regulation of the legal executives?
chartered institute of legal executives (CILex)
CILex regulation board
CILex regulation board
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What must all legal executives be members of?
chartered institute of legal executives (CILex)
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What does CILex provide for legal executives?
education, training and professional development
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What does CILex work to do for the legal executives?
promote and protect the interests of the legal executives
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What does CILex publish that is regulated by the CILex Regulation Board?
code of conduct
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What is the CILex regulation board for all CILex members?
the independent regulator
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What does the CILex regulation board investigate about legal executives?
complaints
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After an investigation what does the board produce for the professional conduct panel?
summary report
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What does the professional conduct panel decide?
whether there has been misconduct
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What three things can be issued if there has been misconduct?
reprimand
warning
referral
warning
referral
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When is a referral given and where is it sent?
under serious issues to the disciplinary tribunal
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What four options can the disciplinary tribunal do to the members?
exclude
reprimand
warn
order legal executive to pay a fine of up to £3000 plus costs
reprimand
warn
order legal executive to pay a fine of up to £3000 plus costs
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What are the solicitors regulatory authority, the bar standards board and CILex regulation all?
approved independent regulators
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What act confirms their position as approved independent regulators and what is this overseen by?
Legal Services Act 2007
overseen by legal services board
overseen by legal services board
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What was the legal ombudsman's office set up to do?
deal with complaints against the legal profession
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What does it deal with by the solicitors regulatory authority, the bar standards board and the CILex regulation board?
complaints about the handling of complaints
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What are the 5 main complaints dealt with?
excessive costs,
lack of information about costs being provided before billing,
delay,
failure to follow instructions,
failure to keep those involved informed about the progress of the case
lack of information about costs being provided before billing,
delay,
failure to follow instructions,
failure to keep those involved informed about the progress of the case
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What are the four main powers of the legal ombudsman?
ordering the subject of the complain to apologise to the client,
to put things right if more work can correct what went wrong,
refund / reduce the legal fees,
to pay compensation of up to £30,000
to put things right if more work can correct what went wrong,
refund / reduce the legal fees,
to pay compensation of up to £30,000
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Other cards in this set
Card 2
Front
What contact are solicitors to clients?
Back
First point of contact.
Card 3
Front
How many solicitors are there practicing in England and Wales?
Back
Card 4
Front
What are they controlled body?
Back
Card 5
Front
How many solicitors are there employed in private practice?
Back
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