Studied by 3 people
The three types of lawyers in England and Wales:
Solicitors, Barristers & Legal Executives
Barristers employment arrangements and where they work:
Self employed but work from a set of chambers
Examples of where employed barristers or solicitors might work:
Local government, CPS or private businesses
Where the majority of solicitors work:
Solicitors firm (high street or city)
The difference between a large city solicitors firm and a small high street firm:
High street - general practice e.g. housing and business matters, family problems City - commercial and tax work
Where legal executives work:
Solicitors firms
The main difference between the work of solicitors and barristers:
Solicitor - mainly paperwork Barrister - advocacy, presenting cases in courts
Explain 'direct access' in relation to both solicitors and barristers:
Direct access is where it is no longer necessary to go to a solicitor in order to instruct a barrister. Direct access for barristers is still not allowed for criminal or family cases wihtout extra training.
The different rights of audience for barrister and solicitors:
Barristers - full rights of audience (can present in any courts in England or Wales Solicitors - all have rights in the Magistrates and County court (further qualifications needed for more rights of audience)
Explanation of 'Queens Counsel':
A Queen's Counsel is barrister with atleast 10 years of experience. QCs take on more complicated and high profile cases
The role of the barristers clerk:
The clerk allocates work and negotiates fees
Who are the partners in a solicitors' firm?
Experienced solicitors
Things a solicitor may have to do to and get from a barrister:
When necessary a solicitor may decide to brief a barrister to do the case. in these circumstances, a solicitor will do the prep work e.g. interview witnesses and prepare documents
Implications of the Legal Services Act 2007:
Up to 25% of partners can be non-lawyers and it allows alternative business structures
The regulatory body for barristers, where it can refer cases to, and available sanctions:
Regulatory body - The General Council of the Bar Can refer cases to - Bar Standards Board Sanctions - fine of up to £50,000, suspension, disbarring
The regulatory body for solicitors, where it can refer cases to, and available sanctions:
Regulatory body - The Law Society Can refer cases to - Solicitors Regulation Authority Sanctions - unlimited fine, suspension, strike off
The regulatory body for legal executives, where it can refer cases to, and available sanctions:
Regulatory body - The Chartered Institute of Legal Executives Can refer cases to - CILEx Regulation Board Sanctions - fine of up to £100,000, exclude from membership, pay compensation for up to £30,000
The purpose of the Legal Services Ombudsman:
To deal with complaints about decisions of the regulatory bodies
The powers of the Legal Services Ombudsman:
It can order the legal professional to:
apologise to the client
pay compensation of up to £30,000
Names of the 'superior' judges:
Justices of the Supreme Court
Lord Justices of Appeal in the Court of Appeal
High Court Judges in the Queen’s Bench Divisional Court
Name of the Judges in the Supreme Court, the number of posts and the number that sit in a case:
Justices of the Supreme Court
There is one president, one deputy president and 10 justices
Minimum of 3, maximum of 9 sit on a case
The cases heard by the judges in the Supreme Court:
Criminal or civil appeal cases where it involves a point of law of general public importance
Name of the Judges in the Court of Appeal, the number of posts and the number that sit in an appeal:
Lord Justices
There are 36 judges
Sit as a panel of three, maximum five
Court of Appeal judges additional role in addition to sitting on full appeals:
Judges that hear criminal cases in the Divisional Court of Queen's Bench and the name of this appeal:
High Court Judges
Case stated Appeals (appeals on point of law)
Judges that sit in the Crown Court and their role:
Circuit Judges
Try either way or indictable offences
Judges that sit in the Magistrates Court and their role:
District Judges
Try summary or either way offences
Note
Flashcard