Chapter 3

• Whatare the legal professions in england?

  Barristers

  Solicitors

  Legal executives
• What are barristers and Solicitors colectively known as?

  Laywers
• what is the aim of the legal profession?

  To provide a service which is of high quality, that is affordable, that is efficient and that is responsive to clients' needs.
• what types of work do solicitors do?

  Legal advice, drafting legal documents, representing clients in court, negotiating settlements.
• What are specialties of solicitors?

  Personal injury

  Criminal matters

  Housing

  Immigration

  Company, partnership and commerical disputes
• In law, what is contentious work?

  work that involves two or more parties.
• In a civil case, what do solicitors do?

  Collect evidence, and prepare a straight forwards case for court. In a county court, the solicitor can also represent a client and instruct a barrister if the case is more complex.
• In a criminal case, what do solicitors do?

  They can sit in on police interviews, and if charges are being pressed the solicitor can advise the client on the strength of the evidence.
• How do solicitors make a contract for a client who has been arrested?

  Via phone call or at the police station
• What percentage of solicitors work in private, and who do the not private workers work for?

  75% work in private. The rest are employed by the government, crown prosecution service and private businesses.
• How does a solicitor gain higher rights of audience?

  passing additional tests, the ones that pass such tests are called 'solicitor advocates'. The solicitor in question musth ave been practicing for at least three years, and have advocacy experience in lower courts.
• what are barristers collectively known as?

  The bar
• who employs barristers?

  Barristers tend to be self employed
• What are the inns of court for barristers?

  Gray's inn, inner temple, middle temple or lincoln's inn
• How do barristers work?

  Barristers are self-employed and work in chambers so that administerative expenses can be shared. They will employ a clerk who will book in cases and negotiate fees on their behalf.
• What is meant by the fact that barristers have a duty to the court?

  This means that the barrister cannot mislead the court, and makes sure they have all the information necessary
• What does it mean that barristers have full rights of audience?

  Barristers can represent clients in all types of court
• What is the work of a barrister?

  They represent clients in all courts, mostly in higher courts because solicitors dont have the advocacy rights in those courts.

  Giving advice to lawyers (Giving an opinion)

  Preparing cases, eg pre-trial paper work, interviewing wtnesses and practicing cross examination with clients and witnesses

  drafting complex legal documents.
• What do barristers do in criminal cases?

  If working for the prosecution, they will advise on the likely success of a charge. However, if working for the defesne, they will have been instructed by a solicitor and will advise on the strength of the prosecution's case.
• What do barristers do in a civil case?

  barristers tend to specialise in one area, they can be instructed by a solicitor or directly by the client, they will represent the client in court.
• what is the cab rank rule?

  It means that a barrister cannot refuse a case if they are free, and if it is in the area that they specialsie in. This doesnt specialise to direct access work.
• Who are the King's counsel?

  Barristers appointed by the monarch to provide legal advice, they are senior advocates who command higher fees and do not take pupils
• When was the first solicitor appointed as a Silk?

  1997
• What is a silk??

  Another name for the king's counsel
• How does one become a silk?

  A barrister or solicitor must have practiced for at least 10 years before applying to the lord chancellor.
• What is a legal executive?

  A professional who is qualified to give legal advice and assistance in certain legal matters.
• Where do most legal executives work?

  In a solicitor firm. the ones who are qualified and experienced have their own client base and be a fee earner. Legal executives tend to specialise in a particular area.
• How can legal executives represnet people in court?

  They need to get a certificate to represent clients in the county court, make bail applications or deal with cases in the youth court, or appear in the family court of the magistrate's court.
• Who are the senior judges?

  High court judges, lord justices of appeal, and supreme court justices.
• what is the role of judges in the legal systenm?

  Judges over see cases, decide legal issues and pass sentences in criminal cases or remedies in civil cases.
• Describe the composition and role of the supreme court justices?

  Supreme court justices, who are appointed from high judicial offices, hear appeals on points of public importance in both criminal and civil cases
• explain the concept of the separation of powers?

  The separation of powers, proposed by montesquieu, involves the distinction functions of state- legislature, executive, and judiciary- kept separate to safeguard individual liberty
• How is judicial independence ensured?

  Judicial independence is secured through the security of tenrue, immunity from suit and independence from the other arms of state and the case at hand.
• Evaluate the judicuary, considering diversity and advantages of judicial independence?

  The judiciary has been criticized for lacking diversity, advantages of judicial independence include protecting individual liberty and ensuring a vital role in democracy.
• who is the head of the judiciary?

  the lord chief justice