✔️Legal Personel 8 markers✅

What’s the 1st paragraph for “explain the role of solicitors”? (3 numbers, general role)

• Around 220,000 solicitors in England and Wales.

• Usually employed in private practice (160,000)

• Some employed in public sector; work for CPS, Local government or Private businesses (60,000)

• Role tends to be office based

What’s the 2nd paragraph for “explain the role of solicitors”? (Type of work, high street/ multi- national/ bigger city firms, overall role of solicitors)

• Type of work done by solicitor depends on the firm they’re in although solicitors are still mainly offered based. A Small ‘high street firm’ may be a general practice advising clients on a range of issues (from family to criminal law) whereas assistance in multinational firm is more likely to specialise in one aspect of law. Bigger city firms usually concentrate on business and commercial law. All solicitors have to interview clients and deal with paperwork such as letter writing; drafting legal documents; negotiating settlements; briefing counsel (for court cases or opinions on complex issues).

What’s the 3rd paragraph for “explain the role of solicitors”? (Advocacy)

all solicitors can act as advocates in the lower court (Mags and crown) and under the Courts and Legal Service Act 1990, can now apply for certificate of advocacy to enable them to appear and represent clients in all courts. This involves extra training and an exam on the rules of evidence. Solicitors with this qualification (7000) can also apply to the Kings Councel and also be appointed to higher judicial posts.

What’s the 1st paragraph for “explain how solicitors are regulated”? (law society/ SRA)

The law Society is the representative body solicitors and works at supporting the profile of a profession. In regards to the regulatory body, this is the solicitor’s regulatory authority (SRA)

What’s the 2nd paragraph for “explain how solicitors are regulated”? (number of ways solicitor dealt with (4))

if solicitor doesn’t handle client’s case to the best of their ability, there’s a number of ways in which a complaint can be raised: in-house, SRA, legal ombudsman, sue for breach of contract.

What’s the 3rd paragraph for “explain how solicitors are regulated”? (Initially)

initially, complete against solicitors are dealt with ‘in house’ and first made to the firm. All law firms have a procedure for dealing with complaints about work done by their solicitors.

What’s the 4th paragraph for “explain how solicitors are regulated”? (SRA/ disciplinary tribunal)

If client feels complaint hasn’t been satisfactory dealt with or resolved by the firm, then they can go to SRA. The SRA is responsible for complaints against solicitors over professional misconduct. They investigate the complaints and make binding decisions with remedies such as an apology or fine. if there’s a matter of serious misconduct, a solicitors disciplinary tribunal will be conducted. This has the power to fine/ reprimand, but in serious cases, suspended or even strike a solicitor off roll and stop them from practising law.

What’s the 5th paragraph for “explain how solicitors are regulated”? (legal ombudsman)

if complainant unhappy with decision of SRA, they can complain to legal ombudsman. The LO is regulatory for legal services in England and Wales, they can investigate complaints against solicitor if decision by SRA was in satisfactory. The ombudsman can award compensation or an apology to complainant.

What’s the 6th paragraph for “explain how solicitors are regulated”? (sued for negligence)

Solicitors can also be sued for negligence, including by third parties affected. The case of Hall v Simon’s recognises that solicitor owes duty of care to client to represent them to the best of their ability. If solicitor fails to do this, they can be sued for breach of contract with client. A judge May award damages or specific performance in a case.

What’s the 1st paragraph for “explain the role of barristers”? (numbers (2))

there are around 17,000 barristers in England and Wales who are usually self-employed. However, about ¼ are known as the employed bar and work for CPS, local government or private firms for a salary.

What’s the 2nd paragraph for “explain the role of barristers”? (chambers, clerk, specialise, senior branch, right to audience, mentor)

self-employed barristers usually work from a set of chambers with other barristers. They all employ a clerk to organise their practice and booking cases and negotiate their fees. Many barriers specialise in areas like criminal/ corporate law. Barristers are seen as the senior branch of the profession and their major role is advocacy (representing clients in court). all have full rights of audience to present cases in all courts but they also spend much of their time completing paperwork, writing opinions in cases, giving advice and drafting court documents. More experienced barristers can act as a mentor to guide pupil barristers who are completing their pupilage.

What’s the 3rd paragraph for “explain the role of barristers”? (direct access)

Traditionally, Barts were instructed by solicitors and they still occurred in most cases. However, there’s right of direct access for public to barristers (not in criminal/ family cases). Barristers who do direct access work must have extra training.

What’s the 4th paragraph for “explain the role of barristers”? (cab-rank rule)

barriers work according to the cab-rank rule, whereby if barrister is available and has suitable expertise, they must accept the next available case, they can’t opt out of case. This is to avoid situations where some people may not be able to get a barrister to represent them.

What’s the 5th paragraph for “explain the role of barristers”? (from 2015, QASA)

from 2015, Barristers doing advocacy in higher courts must get accreditation under the Quality Assurance Scheme for Advocates (QASA) to ensure that they only act in the most serious cases when they’ve shown competency in lower level cases. After 10 years, a barrister can apply to be made at Kings council, which is known as ‘taking silk’ and means they’ll deal with more complex cases and earn more.

What’s the 1st paragraph for “explain how barristers are regulated”? (General council, Bar standards Board)

general council of the bar is the representative body for barristers (like trade union) and promote high ethical standards. However, the regulation body is the Bar standard Board, which sets training and entry standards and set code of conduct with barrister should comply with.

What’s the 2nd paragraph for “explain how barristers are regulated”? (first chambers, BSB, disciplinary tribunal)

generally, complaints against barristers are first made to the chambers, if not satisfactory dealt with, complaint can be made to BSB. They investigate any breach of the codes of conduct, and can discipline the barriers which includes: referring serious matters to a disciplinary tribunal. They have a range of sanctions including formal warnings or reprimands; making barrister do further professional training; up to £50,000 fine; suspension up to one year or disbaring (striking a barrister off)

What’s the 3rd paragraph for “explain how barristers are regulated”? (serious, disciplinary tribunal, struck off)

In serious matter of professional misconduct, the barriers will be referred to the disciplinary tribunal of the council of the inns of court and ultimately, the barrister may be struck off.

What’s the 4th paragraph for “explain how barristers are regulated”? (legal services act 2007, legal ombudsman)

The office for legal complaints set up the Legal Services Act 2007 which deals with complaints regarding the way a complaint was handled. The matter is referred the legal ombudsman who will examine the complaint about whether the professional body (e.g. bar council) does not provide a satisfactory answer.

What’s the 5th paragraph for “explain how barristers are regulated”? (sued if negligent in giving advice/ conduct of advocacy)

Barriers can also be sued if they’re negligent in giving advice Saif Ali v Sidney Mitchell & Co or negligent in their conduct of advocacy Hall v Simon. This is because it’s now recognise the barriers owe a duty of care to client to represent them to the best of their ability. If a barrister fails to do this, they can be sued for breach of contract with a client. A judge may award damages in a case.

What’s the 1st paragraph for “explain the role of legal executives”? (summary, LSA 2007, 20,000)

An LE is a qualified lawyer who can provide advice and representation to a client, a role developed under Legal Services Act 2007. There’s around 20,000 LEs and they specialise in a particular area of law.

What’s the 2nd paragraph for “explain the role of legal executives”? (where + what, solicitor)

Their day to day works mainly done in private practice and is similar to that of a solicitor, in terms of interviewing clients/ drafting documents, negotiating for client and settling claims although, they may deal with more straightforward cases in comparison to solicitor.

What’s the 3rd paragraph for “explain the role of legal executives”? (rights of audience, certificates)

LEs also have some right of audience in county and mags court. However, since 2007, LEs have needed extra qualifications to obtain wider rights of audience. This can be through a civil proceedings certificate- allows them to present civil cases in county; criminal proceedings certificate- allows them to present applications for bail or deal with youth court matters; family proceedings certificate- allowing them to present cases in family court of the Mags.

What’s the 4th paragraph for “explain the role of legal executives”? (fee earners)

LEs, like solicitors are fee- earners and their time is usually charged directly to their clients at an hourly rate. They’re also employed so receive a wage. They generate income for their firm through their work. LEs can become partners of legal firms so take a share of the profit made by the business. Although many work in private practice, may also work for an organisation such as CPS and in- house for businesses.

What’s the 1st paragraph for “explain how legal executives are dealt with”? (representative body, CILEX)

All LEs are members of CILEX and this representative body provides education, training and development of skills for LEs aswell as promoting professional standards and publishing code of conduct

What’s the 2nd paragraph for “explain how legal executives are dealt with”? (regulatory body, professional conduct panel, disciplinary tribunal)

The regulatory body is the CILEX regulation body which investigates complaints about LEs. Matters are put to the professional conduct panel who decide if there’s professional misconduct and if so, reprimand or issue a warning to a member. Serious issues of misconduct are referred to the disciplinary tribunal who have further powers to; exclude member from membership, reprimand or warn members; order the payment of fines or costs.

What’s the 3rd paragraph for “explain how legal executives are dealt with”? (legal ombudsman, LSA 2007)

Complaints about decisions of regulatory body, including the CILEX regulation board can go to legal ombudsman. This is done via the investigation of the office for legal complaints set up under the Legal Services Act 2007. The legal ombudsman has range of powers and can order the legal professional to apologise to clients; return documents; correct problems; refund/ reduce legal fees and pay compensation up to £30,000. Main complaints include: excessive costs, delay, failure to follow instructions and failure to keep client informed.

What’s the 4th paragraph for “explain how legal executives are dealt with”? (sued for negligent advice)

LE barristers can be sued if the advice they give to client is found to be negligent Saif Ali v Sidney Mitchell & Co it if advocacy seen to be negligent Hall v Simon