legal personnel

• barristers:

  • around 12,700 self employed in England and Wales
  • 3,000 employed by organisations such as CPS, civil service
  • collectively referred to as the Bar and controlled by the General Council of the Bar
  • all must be a member of one of the four Inns of Court situated in London
• training of barristers:

  • entry is usually degree based and if this isnt in law they must take the graduate diploma in law or common professional examination.
  • All students have to pass the Bar Professional Training Course
  • then they are called to the Bar meaning they are officially qualified, there is still a practical stage called pupillage which needs to be completed.
  • pupillage- involves work shadowing for 12 months
• Role of barristers:

  • Most will focus on advocacy, barristers have full rights of audience meaning they can present cases in any court in England and Wales.
  • advise solicitors on request
  • prepare and draft case documents
  • operate cab bank rule- cannot turn down business if its within their area of work and they are free
• barristers direct access;

  originally used to have to consult a solicitor first whereas now you can directly go to a barrister in civil cases however this is not allowed in criminal or family work.

  Barristers have to do extra training to be able to direct access.
• Solicitors:

  • about 130,000 in england and wales and controlled by the Law Society.
  • about 90,000 of those are in private practice and the rest are employed
• Training of solicitors:

  • usual to have a law degree although those with a degree in another subject can take the Common Professional Examination or Graduate Diploma in Law.
  • then take the Legal Practice Course which includes skills such as interviewing, negotiating and legal research.
• Role of solicitors;

  • writing letters on behalf of clients
  • drafting contracts, leases or other legal documents
  • drawing up wills
  • dealing with conveyancing
  • can act for clients in court
• Solicitors specialising:

  Specialising in one field, depends on the firm. Larger city firms will focus on business and commercial law whereas smaller firms might only handle certain types of cases.
• Solicitors conveyancing:

  • prior to 1985, solicitors had a monopoly on conveyancing meaning only solicitors could deal with the legal side of transferring houses and other buildings.
  • the Administration of Justice Act 1985 changed this and allowed people to become licenced as conveyancers.
• Solicitors might brief barristers or ask for an opinion on a complex case.
• Solicitors rights of advocacy:

  • all solicitors able to act in Magistrates Courts and County Courts as advocates but rights in higher courts used to be limited.
  • Changed by the Courts and Legal Services Act 1990 and solicitors can now apply for certificate of advocacy which enables them to appear in higher courts.
• Overlap of solicitors and barristers:

  • solicitors can now apply for rights of audience in all courts but theres only around 6,500 with this.
  • barristers used to not be briefed directly however with a civil dispute they now can be meaning they do similar work to the solicitor such as briefing the case, writing letters.
• Alternative Business Structures (ABS);

  Changes in rules about types of business structures allowed in legal profession have brought some overlap of baristers and solicitors. Legal Services Act 2007 allows;

  • legal businesses to include lawyers and non lawyers
  • legal businesses to include barristers and solicitors
  • non lawyers to own legal businesses
  • legal businesses to operate as companies

  Must obtain a licence from Legal Services Board.
• Queen's Counsel:

  After at least 10 years as a barrister or solicitor with an advocacy qualification, they can apply to become a Queens Counsel, this is known as taking silk.

  Usually take on more complicated cases than junior barristers and can command higher fees for their expertise. Often have a junior barrister to assist.
• Legal executives:

  Work in solicitor's firms as assistants, they are qualified lawyers who have passed the Institute of Legal Executives Professional Qualification in Law. They specialise in a particular area.
• Legal executives; training:

  • pass Professional Diploma in Law
  • and pass Professional Higher Diploma in Law
• Role of legal executives:

  • day to day work is similar to a solicitor but they tend to deal with more straightforward matters
  • also have some rights of audience
  • since 2008, they have been able to do a course on advocacy and obtain wider rights of audience.
  • they are fee earners meaning it is charged hourly directly to clients
• Regulation of legal personnel: General Council of the Bar

  Represents barristers in England and Wales, it promotes the Bar's high quality specialist advocacy and advisory services.

  Also promotes fair access to justice for all, equality and diversity.
• Regulation of legal personnel: Bar Standards Board

  • regulates the profession of barristers, sets training and entry standards. Also a code of conduct which barristers should comply with.
  • Board investigates any alleged breach of conduct and can discipline barristers who breach it. If the matter is serious it can go to a Disciplinary Tribunal
• Regulation of legal personnel: The Law Society

  • governing body of solicitors
  • make sure the profession's voice is heard by the right people and helps raise the profile of the profession through campaigns and networking
  • used to be responsible for complaints and discipline but this meant there was a conflict of roles so no longer do, dealt with by Solicitors Regulatory Authority
• Regulation of legal personnel: Solicitors Regulatory Authority

  • deals with complaints against solicitors
  • they will investigate the matter and can put the case to a tribunal which can fine, reprimand or suspend the solicitor.
• Regulation f legal personnel: Chartered Institute of Legal Executives

  • all legal executives are members
  • provides education, training and development of skills
  • protects status and interests of legal executives
• Regulation of legal personnel: CILex Regulation Board

  • investigates complaints about legal executives
• Regulation of legal personnel: The Legal Ombudsman

  Deals with complaints against the legal profession and can order a professiona to;

  • apologise to client
  • give back documents
  • put things right
  • refund or reduce fees
  • pay compensation up to £3,000