OCR legal personnel
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- Created on: 23-02-20 18:55
what is the qualification for a barrister?
it is degree based. its necessary to take the Graduate Diploma in Law. they must also have to pass the bar professional training course on this course students study case preparation opinion writing and drafting documents such as claim forms.
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what is pupillage?
after the student has passed the BPTC there is on the job training where the trainee barrister becomes a pupil to a qualified barrister. this involves work shadowing. this can take up to a year.
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what is the evaluation of the training process?
the main problem is financial. the fees are around £15,000. if they have a degree in the subject of them more and have to do a gdl they will also have to pay for that course. another financial problem is that universities have increased their fees to
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what is the role of the barrister's?
some barristers are self-employed but work from a set of Chambers weather can share administrative expenses with other Barristers. most sets of chambers are fairly small with 15 to 20 barristers and they will employ a click as a practice administrato
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r. after a barrister has practiced for at least 10 years and application to be made a Queen's Counsel can be made. if they are appointed then it means that they will take on more difficult and complex cases. majority of barristers will concentrate on
advocacy. advocacy is presenting cases in court. barristers also have full rights of audience.
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what is direct access?
originally it was necessary for anybody who wish to instruct a barrister to go to solicitor first. however it created unnecessary expense. direct access system that allowed for criminal cases or family work.
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what about employed Barristers?
purses can be employed by the government organisations the Civil Service local government and businesses. in particular the CPS.
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what are the qualifications and training of solicitors?
to become a solicitor you must have a law degree. the next stage is the legal practice course. this includes training in skills such as client interviewing negotiating advocacy drafting documents and legal research.
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what is the period of authorised training?
even when the course has been passed the student is still not a qualified solicitorchemist next to a period of authorised training in which they work in a solicitors firm for 2 years getting practical experience.
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what is the evaluation of the training process?
the main problem is financial. students from normally have to pay the fee of the LPC for £14,000. students from less well-off families cannot afford to take the course. also no more graduates only do one year of formal law for the gdl. another proble
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what is the role of solicitors?
an alarm the newly qualified solicitor will initially be an assistant or associate solicitor. they will help to progress to being a partner in the firm. a solicitor in private practice may work as a sole practitioner or in a partnership.
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in January 2017 there was a total of 10370 firms of solicitors. type of work done by a solicitor will depend on the type of firm they are working in.
a solicitor working in a practice is likely to spend some of their time interviewing clients in their office and negotiating on their behalf. they could also spend a lot of time doing paperwork. writing letters , drafting contracts ,writing wills.
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what is specialising?
this is when a solicitor specialises in one particular field. the Firm itself may handle Martin types of cases and not do any criminal cases.
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what is the rights of advocacy?
this is where solicitors in private practice now have the right to apply for a certificate of advocacy which enables them to appear in the higher courts.
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what is the overlap of roles of barristers and solicitors?
birth barristers and solicitors can present cases in court. in several cases the public can go direct to either a barrister or solicitor. birth barristers and solicitors can do the Preparatory work in civil cases such as interviewing,writing letters.
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what is the Queen's Counsel?
after at least 10 years as a barrister or is a solicitor with an advocacy qualification it is possible to apply to become a Queen's Counsel. they Take On high-profile cases.
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what is the appointment system?
until 2004 Queen's Counsel were appointed by the Lord Chancellor. however the lord chancellors critera was critised forbeing too secretive. however now the selection of who should become a QC is now
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what are the qualifications and training of Legal Executives?
to become a legal executive it is necessary to pass the professional diploma in law and the professional higher diploma in law. it is also necessary to have worked in a solicitors firm. at least five years. when all the qualifications have been achie
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what is the role of Legal Executives?
the handle various legal aspects assist in the formation of a company draught Wills Advice people with matrimonial problems and advised clients accused of serious or Petty crime. Legal Executives are fee earners. this means that the Legal Executives
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what is the regulation of legal personnel?
all of the legal personnel have their own regulatory bodies. all of these bodies are overseen by the legal services board.
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what is the general council of the bar?
the general council of the bar represents barristers in England and Wales. it promotes the high quality specialist advocacy. the council also promotes better access to justice for all. the council also used to be responsible for disciplining barriste
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what is the bar Standards Board?
this is the body which regulate the profession of Barristers. they set training and entry standards. the body investigates any alleged breach of the code of conduct.
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how to make a complaint against the barrister?
it is possible to see a barrister in the civil courts for negligence. if a barrister had given the wrong advice about who to do with the result that the claimant was too late to stop receding against the right person then you could Sue the barrister.
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what is the Law Society?
old practising solicitors must be members of the Law Society. it leads the debate on issues affecting solicitors throughout England and Wales. the Law Society make sure that the professions voice is heard with the right people.
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what is the solicitors regulatory authority?
this deals with complaints about professional misconduct by a solicitor. if there is evidence of serious professional misconduct it can put the case before the solicitors disciplinary tribunal. if the tribunal upheld as a complaint can find or reprim
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what are the complaints against solicitors?
a client who wish to complain about a solicitor should first user complaints procedure of the firm of solicitors involved. there is possibility of suing the solicitor in the civil Court. this is because of solicitor deals directly with clients and en
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what is the Chartered Institute of Legal Executives?
all Legal Executives are members of the Chartered Institute of Legal. this organisation provides education training and development of skills for Legal Executives. it also protects their status and interests.
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what is the c i l e x regulation board?
it investigates complaints about Legal Executives. when an investigation is complete a summary of the issues is prepared and the matter is put to the professional conduct panel for consideration. they will then decide if there has been misconduct. if
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what is the legal ombudsman?
it was set up by the office for legal complaints to deal with complaints against the legal profession. it can order the legal professional who was complained about to apologise to the client give back any documents a client might need put things righ
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what is a role of the women?
women are an increasing number of entrance to the Profession. well over half of my solicitors are women in about half of new entrants to the bar. women solicitors tend to be in junior positions as assistant solicitors or junior partners. women are mu
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what are the factors why women with less likely than men to progress in the profession?
lack of flexible working , the organisational culture which was perceived as being tradition , the long working hours , the fact that will not prepared to challenge the status Quo I'll push themselves forward for promotion.
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what is the role of ethnic minorities?
black and minority ethnic groups are well represented at the bar. well they have experienced not even more difficulty than women in achieving high positions with 6.5% of cases being of black or Asian ethnic minority this is a great improvement from 1
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what are the changes in trends in Legal Services?
alternative business structures. alternative business structures allowed or legal businesses including lawyers and lawyers legal businesses including barristers and solicitors and lawyers and legal businesses and legal businesses operating as compans
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what are the arguments in favour of abs?
there is a demand for a one-stop facility , abs gives direct access to a range of specialist in the same businessabsl free market competition and this should keep fees at a lower level , it gives kinds of choice of traditional firm or an abs.
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what are the arguments against abs?
the legal professional must be independent in order to maintain its role of protecting individual liberties. there is an increased risk of conflict of interest , there is a risk that old the best lawyers would be concentrated in a small number of frm
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talk about technology and globalisation and the legal profession.
kiss decisions can be accessed online there is no longer than need to have a set of printed law reports or good to illegal library to look up cases in the printed version. the work of course has also been affected by technology claims can be filled
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online. documents are stored in a computer. storage of information can be done electronically legal documents including forms for starting legal actions in courts are available online. this also saves time.
computer systems also exist to carry out intelligent searches of legal documents. information technology also threatens to reduce the work of lawyers in other ways. odr services already exist.
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talk about globalisation.
as their client internationalise the law firm moved into new Markets to support them. many firms have offices in several other countries. however it is expensive and more friends can really charge the same rates in New markets.
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Other cards in this set
Card 2
Front
what is pupillage?
Back
after the student has passed the BPTC there is on the job training where the trainee barrister becomes a pupil to a qualified barrister. this involves work shadowing. this can take up to a year.
Card 3
Front
what is the evaluation of the training process?
Back
Card 4
Front
what is the role of the barrister's?
Back
Card 5
Front
r. after a barrister has practiced for at least 10 years and application to be made a Queen's Counsel can be made. if they are appointed then it means that they will take on more difficult and complex cases. majority of barristers will concentrate on
Back
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