Legal personal

Barristers Role

• Majority of barristers are self-employed working from Chambers and instructed by solicitors.

• Barristers may be employed and work for the Crown Prosecution Service, government or work within an Alternative Business Structure.

• Advocacy is a key area of work - Representing clients in court. This may include presenting arguments, examining and cross examining witnesses and summing up the case

• They can undertake a wide range of different roles including public access work, writing opinions, giving advice an holding case conferences.

• Meet with clients and any other relevant parties involved.

• Draft documents for use in court – ensure necessary documentation is produced

• Where appropriate they negotiate settlements

• Undertake legal research

• Write Counsel’s opinion – producing a written opinion on a case or an aspect of a case

• They prepare cases for court.

• Many barristers specialise in particular fields of law.

• Usually operate through the CAB Rank Rule - This means if the barrister is available and has suitable expertise then must take the next available case, they cannot pick and choose their cases. However, this rule does not apply if the client sought the barrister directly.

• Accept work through Direct Access – C goes to a barrister direct, they do need to go through a solicitor first which is the traditional method.

• A direct access barrister CAN: Represent a person in court or before a tribunal, Give legal advice, Negotiate a settlement, Draft formal documents e.g. witness statement, Draft routine legal documents e.g. wills

• A direct access barrister CANNOT: Issue proceedings or applications in court – they can draft the documents but the client has to issue them, send letters on behalf of the client, handle clients’ money.

• If a barrister applies for Kings Council after 10 years, they can take on more complex cases.

Barristers regulation

• Barristers, solicitors and legal executives all have their own regulatory body. All of these bodies are overseen by the Legal Services Board. The Legal Services Board was created by the Legal Services Act 2007.

• Barristers are controlled by the General Council of the Bar.

• It sets training and entry standards. It also sets out a Code of Conduct that barristers should comply with.

• The Board investigates any alleged breach of the Code of Conduct. It can discipline any barrister who is in breach of the Code. The Code of Conduct is found in the Bar Standards Board Handbook.

• Complaint - There are a number of reasons why a person may wish to complain about a barrister:

• Poor Service - The client should contact the solicitor who referred them to the barrister if they wish to complain about the service. The chambers from which the barrister practices should have a complaints procedure, and this should be used first. The can be asked to return documents, do more work, refund or reduce legal fees.

• Professional Misconduct - Council of the Inns of Court may hold a disciplinary tribunal if they consider professional misconduct has occurred. The barrister could be suspended or disbarred.

• Court Action - Barristers do not enter into a contract with their client where they receive instructions from a solicitor and therefore cannot sue the client or be sued for breach of contract. But it is possible to sue a barrister in the civil courts for negligence regarding legal advice

• Saif Ali v Sydney Mitchell and Co. (1980) Hall (a firm) v Simons (2000)

Solicitors role

• Many solicitors work in High Street firms and are employed. Some work for other organisations, for example, CPS, local/central government or legal departments in businesses.

• The type of work done by a solicitor will largely depend on the type of firm that they work in: Consumer problems (buying and selling) Housing problems, Business matters, Family issues e.g. custody or divorce.

• Part of the role of a solicitor is often briefing barristers. Where it is necessary to go to court, the solicitor may decide to brief a barrister to do the case. They may also decide to go to a barrister for an opinion on a complex case.

• Translating client’s issues into legal terms, researching cases, writing legal documents, general preparing of cases, liaising with other legal professionals.

• Solicitor advocates will represent clients in all courts and those with relevant advocacy experience. Solicitors could only appear in the Magistrates and County Courts, but Courts and Legal Services Act 1990 changed this so they can appear in higher courts. If they have higher rights of audience they can appear in all courts.

• Eligible to be appointed King’s Counsel and also to be appointed to higher judicial posts.

• Solicitors may act as Deputy District Judges in the Magistrates’ and County Court.

Solicitors regulation

• Barristers, solicitors and legal executives all have their own regulatory body. All of these bodies are overseen by the Legal Services Board. The Legal Services Board was created by the Legal Services Act 2007.• The Law Society is the Governing Body for Solicitors in England and Wales. They represent the interest of their members – much like a union.

The Solicitors Regulatory Authority regulates the profession and deals with complaints. There are a number of reasons why a person may wish to complain about a solicitor:

• Poor Service - A client who wishes to complain about a solicitor should first use the complaints procedure of the firm of solicitors involved. Complaints about poor service can conclude with a reduction in the bill, a payment of compensation or the correction of a mistake and the payment of costs involved. If the matter is not resolved through this then the complaint can be made to the Solicitors Regulatory Authority.

• Professional Misconduct - . This organisation deals with professional misconduct complaints about solicitors. The case can be put for a Solicitor’s Disciplinary Tribunal, who can suspend, or even strike them off the roll.

• Court Action – The general reasons for a client complaining may include: Negligent advocacy – Hall v Simons or Negligent advice/work – White v Jones.

Legal executives role

• A Legal Executive usually specialises in one specific area of law.

• They will advise clients and can represent clients in the lower courts.

• Liaising with fellow professionals on behalf of clients.

• Researching information and preparing legal documents

• Litigation

• Attending court to assist with the presentation of cases

• Working with and assisting solicitors

• Legal executives work in a very similar way to solicitors but usually specialise in a particular area of law and will only work in that area.

• They may work in a number of different areas of law:

○ Conveyancing – the legal side of buying and selling property

○ Probate

○ Wills, trusts and inheritance tax

○ Family law – divorce and children’s matters

○ Civil litigation – disputes between people

○ Criminal law – defence or prosecution of people accused of crimes

○ Company and business law – tax, contracts and employment law.

• Depending on your specialism, their work might include:

○ Advising clients and explaining legal matters to them

○ Contacting professionals such as mortgage lenders,

○ Planning officers or other lawyers on behalf of clients

○ Researching and summarising legal information

○ Preparing legal documents

○ Writing to clients

• They also have some rights of audience. They can appear to make applications where the case is not defended in family matters and civil case in the County Court.

• Upon successful completion of an advocacy course, Legal Executives can obtain wider rights of audience in the Magistrates’ Court, County Court and High Court.

• CILEx Fellows may become; District Judge, District Judge (Magistrates’ Courts), Judge of the First Tier Tribunal, Member of Panel of Chairman of the Employment Tribunal.

• Since 2008 legal executives have been able to do a course on advocacy and obtain wider rights of audience.

• There are three different practicing certificates:

○ Civil Proceedings Certificate

○ Criminal Proceedings Certificate

○ Family Proceedings Certificate.

• These allow legal executives to do such matters as make an application for bail or deal with cases in the Youth Court or the Family Court of the Magistrates.

Legal executives regulation

• Barristers, solicitors and legal executives all have their own regulatory body. All of these bodies are overseen by

the Legal Services Board. The Legal Services Board was created by the Legal Services Act 2007.

• Chartered Institute of Legal Executives is the governing body.

• The regulatory body is CILEx Regulation.

• The regulatory body acts against legal executives who do not meet the required standards.

When an investigation is complete a summary of the issues is prepared, and the matter is put to the Professional Conduct Panel for consideration. The Panel will decide if there has been misconduct. If there has not it will reject the complaint. If there has been misconduct it may reprimand or warn a member. It will refer serious matters to the Disciplinary Tribunal. The Disciplinary Tribunal has the power to:

• Exclude a person from membership

• Reprimand or warn the member

• Order the legal executive to pay a fine up to £3,000 and costs.

Legal Ombudsman

• This applies to all: It deals with complaints about poor service and complaints. Most claims are resolved within six months.

• The Legal Ombudsman’s office was set up by the Office for Legal Complaints to deal with complaints against the

legal profession. It deals with complaints against the handling of complaints by the Bar Standards Board, the

Solicitors Regulatory Authority and CILEx Regulatory Board. It can order the legal professional who was

complained about to:

o Apologise to the client

o Give back the documents the client may need

o Put things right if more work can correct what went wring

o Refund or reduce the legal fees

o Pay compensation

• The main complaints made include excessive costs, deficient information on costs, delay, failure to follow instructions and failure to keep informed