OCR A Level Law - Legal Personnel

Barristers

Legal professionals who provide advocacy and legal advice to solicitors and other clients

About 12,700 self-employed and 3,000 employed by organisations such as Crown Prosecution Service.

Referred to as 'The Bar' and are controlled by the General Council of the Bar.

A barrister must be a member of one of the four inns of Court

Four Inns of Court

Lincoln's Inn

Inner Temple

Middle Temple

Gray's Inn

All situated near the Royal Courts of Justice in London

Qualifications and training of barristers

Usually degree-based; if the degree is not in law, necessary to take the Graduate Diploma in Law (GDL)

Students must take the Bar Professional Training Course and once this is passed will need to partake in Pupillage

Bar Professional Training Course

Step 2 for barrister, full time, takes one year and can cost £10,000+.

The Course includes: Case preparation, Opinion writing, Legal research, Drafting documents, Conference skills, Negotiation, Advocacy and legal knowledge such as litigation and sentencing

Candidates must join one of the four Inns of Court and must dine with the Inn 12 times.

Pupillage

The final stage of training to become a barrister.

'On the job' training which involves shadowing a qualified barrister, can be with the same barrister for 12 months or 2 different Pupil Supervisors for 6 months each.

Method for applying for pupilage is now made to the Pupillage Gateway where all vacancies are advertised. Usually made around 18 months before the start of pupillage.

This system is much more open and allows applicants to know about all vacancies.

Evaluation of Barrister training process

- Very expensive, usually around £15,000 meaning less well off people are prevented from becoming barristers. Also have to pay for the GDL if necessary

- Non-law graduates do only one year of formal law for the GDL - Ormrod Committee argued in 1971 whether the public would be satisfied with doctors only doing one year of medical study like GDL graduates.

- Over Supply - Not enough pupilage places for students who pass the BPTC - in 2014-15 there were over 1,500 students taking the BPTC but only 422 pupillage spaces

Role of Barristers

Self employed but work from chambers with 15-20 other barristers to share administrative costs. a clerk organises cases and deals with fees, and works with other support staff.

Majority of barristers focus on advocacy (presenting cases in court). They have full rights of audience meaning they can present cases in any court.

Some barristers specialise in areas such as tax and company law and will rarely appear in court.

All barristers will do a certain amount of paperwork including writing opinions on cases and drafting documents for courts.

Direct access

Originally, a person needed to go to a solicitor before they could instruct a barrister, this created unnecessary expense for clients.

This is no longer necessary for civil cases although will still happen for majority of cases.

Direct access is not allowed for criminal or family cases.

Barrister will need additional training for direct access work.

Criminal Advocacy

In 2015, a new proposed system was announced for lawyers doing advocacy in the higher courts.

All lawyers will have to get accreditation under the Quality Assurance Scheme for Advocates so more qualified advocates are able to take on more serious cases

Solicitors

A solicitor provides legal advice and expertise to their clients.

136,000 practicing in England, around 90,000 in private practice and remainder in employed work for companies like the Crown Prosecution Service.

Controlled by the Law Society.

Qualifications and training of Solicitors

Usual to have a law degree but still able to take the GDL same as barristers.

Next stage is to take the Legal Practice Course (LPC), involves training skills such as: client interviewing, negotiation, advocacy, drafting documents and legal research. Also an emphasis on business management for example keeping accounts.

These requirements are overseen by the Solicitors Regulatory Authority

After this has been completed there will be a period of authorised training for a student to become a solicitor

Period of authorised training for solicitors

Student must do a period of training where they work in a solicitors firm for 2 years, allows them to gain practical experience.

Can be undertaken in certain legal organisations such as the Crown Prosecution Service.

Once this training has been completed they will be admitted as a solicitor by the Law Society.

Evaluation of the training process of Solicitors

Expensive training (£14,000) as well as support themselves whilst doing the course.

Another problem is that newly qualified solicitor are competing again legal executive and paralegals for jobs

Role of Solicitors

Majority will work in private practice in a solicitors' firm but some may work for local authorities or government departments.

Around 40,000 solicitors are employed.

In a law firm, newly qualified solicitors will be made an associate solicitor.

In January 2017, there was a total of 10,370 solicitor firms.

Type of work done by a solicitor will depend on the type of firm they are working in. A small high street firm will practice advising clients on topics such as consumer problems.

They will also spend a large amount of time dealing with paperwork such as: Writing letters on behalf of clients, Drafting contracts or other legal documents, Drawing up wills and dealing with conveyancing.

They may also act for clients in court.

Specialisation for Solicitors

Some solicitors may be general practitioners handling a variety of work.

However, it isn't unusual for a solicitor to specialise in a particular field. Even firms usually specialise in certain types of cases.

Rights of advocacy for Solicitors

Solicitors have always been able to act as advocates in the Magistrates and County courts but in higher courts their rights of audience used to be limited.

The Courts and Legal Services Act 1990 changed this so now they can apply for a certificate of advocacy which enables them to appear in higher courts after they complete a training course and passes an exam on the rules of evidence.

Solicitors with an advocacy qualification are also eligible to be appointed as Queens Counsel.

Overlap of roles of barristers and solicitors

Both barristers and solicitors can present cases in court; however there are only around 6,500 solicitors with higher rights.

Both barristers and solicitors can do the preparatory work in civil cases such as interviewing the client and negotiating.

Queen's Counsel

After at least 10 years a barrister or a solicitor with an advocacy qualification, it is possible to become a Queens Counsel.

QC's usually take on more complicated and high profile cases and can command higher fees.

Around 10% of the barristers practicing at the Bar are Queens Counsel.

Queens Counsel Appointment System

Originally the Queens Counsel was appointed by the Lord Chancellor but was criticised for being too secretive and that under 10% of QC's were women and even less for ethnic minorities.

This then had an effect on the composition of the judiciary as it is made up of QC members

Since 2004, QC selection is made by an independent selection panel and since this diversity of QC is improving with 15% being women and 6.5% from ethnic minorities.

Legal Executives

Work in solicitors firms as assistants.

Qualified lawyers who have pass the Institute of Legal Executives' Professional Qualification in law.

They specialise in a particular area of law.

Around 20,000 legal executives practicing

Qualifications and training of Legal Executives

Necessary fo pass the Professional Diploma in Law and the Professional Higher Diploma in Law.

Then need to pass the PHDL examinations and work in a solicitors firm for at least 5 years.

When all of these have been met a person becomes a Fellow of the Chartered Institute of Legal Executives

Role of Legal Executives

Specialise in a particular area of law; within this area their day-to-day work is similar to a solicitor.

They tend to deal with straightforward maters including: Handling aspects of a property transfer, Assist in the formation of a company, Draft wills, Advise people with matrimonial problems and advise clients accused of crime.

They have some rights of audience so they can apply to make applications to appear in Civil Courts.

Since 2008, legal executives can do a course of advocacy and obtain wider rights.

Regulation of Legal Personnel

Barristers, Solicitors and legal executives all have their own regulatory bodies.

All of these are overseen by the Legal Services Board

The General Council of the Bar

Represents barristers in England and Wales.

Promotes the Bar's high quality specialist advocacy and advisory services

Fulfils the function of what might be called a 'trade union' representing the issues of the Bar and makes them known to the Government.

Also promotes fair access to justice for all, the highest standards of ethics, equality and diversity across the profession.

Bar Standards Board

Regulates the profession of barristers

Sets the training and entry standards and sets out code of conduct.

Investigates any breach of this code and can discipline any barrister in breach. If the matter is serious it can be referred to a Disciplinary Tribunal.

A tribunal has several sanctions it can impose:

- Reprimand the barrister

- Make barrister complete further training

- Order barrister to make fine up to £50,000

- Suspend the barrister up to 12 months

- Disbar the barrister

Making a complaint against the barrister

- Possible to sue a barrister for negligence shown in Saif Ali v Sydney Mitchell and Co 1980

- Can also sue for negligence in the conduct of advocacy in court shown in Hall v Simons 2000

The Law Society

Governing body of solicitors. All solicitors must be a member of the Law Society

Supports the interests of solicitors and leads debate on issues affecting solicitors.

Helps raise the profile of the profession through campaigns and networking

Solicitors Regulatory Authority

Deals with complaints about professional misconduct of solicitors.

If it is a serious matter can put the case before a Solicitors Disciplinary Tribunal which can fine, reprimand, suspend or strike off a solicitor meaning they cannot practice as a solicitor

Complaints against Solicitors

- Can be sued for a breach of contract as they enter a contract with a client

- Can be sued for negligence shown in Griffiths v Dawson 1993

Chartered Institute of Legal Executives (CILEx)

Represents all Legal Executives. Legal executives must be a member.

Provides education, training and development of skills for legal executives

Also protects the status and interests of legal executives

CILEx publishes a code of conduct and guides to good practice but regulation is done by the CILEx regulation board

CILEx Regulation Board

Independent regulator of members of CILEx and investigates complaints against legal executives.

Complete investigation of issue is put to the Professional Conduct Panel for consideration.

It will refer serious matters to the Disciplinary Tribunal

The Legal Ombudsman

Set up by the Office for Legal Complaints to deal with complaints against the legal profession.

Deals with complaints against the handling of complaints by the regulatory boards.

Can order the legal professional who was complained about to: apologise, give back any documents, put things right, refund or reduce legal fees or pay compensation up to £30,000

Women in the Legal Profession

In 2016, 60% of those getting a law degree are women. This has lead to an increase in number of women to solicitors and barristers professions.

Over half of new solicitors are women and about half of new entrants to the bar.

About 1/3 of barristers are women and 49% of solicitors are women.

Only few women at higher levels, around 15% of QC are women

45% of women in solicitors' firms are assistant solicitors compared to 20% of men

Only 22% of women are partners and has remained a static figure.

The report 'Obstacles and Barriers to the Career Development of Women Solicitors'

Published by the Law Society in 2010.

Stated the following factors were the main reasons of lack of women in law:

- Lack of flexible hours

- The culture, perceived as being traditional, conservative and male-dominated

- Long working hours with 24/7 mindset

- Measurement of success linked to number of hours billed to clients - quantity over quality

- Women were not prepared to push themselves

Ethnic Minorities in Law

In 2015, 13% of barristers were from an ethnic minority.

6.5% of QCs are from black or asian ethnic minority, which is a great improvement from 10 years ago and is constantly increasing.

Number of BME with a practising certificate rose from 5,009 in 2000 to 18,547 in 2015 making up 15% of solicitors.