Solicitors

• Who do solicitors work for?

  A private law firm
• What is the difference between a specialised firm and a general practice?

  Specialised firm = specific area of law

  General Practice = numerous areas
• 5 things solicitors do in their role:

  1. Interview clients
  2. Negotiate on client's behalf
  3. Draft legal documents
  4. Instructs a barrister
  5. Collect and prepare evidence
• Which courts can all solicitors appear in?

  Lower courts: Magistrates, County and tribunals.
• What is needed to appear in higher courts?

  A qualification
• What is a solicitor's role in civil cases?

  To advise clients, collect and prepare evidence then instruct a barrister or advocate themselves.
• What is a solicitor's role in criminal cases?

  They speak to a client who's been arrested or issued a summons, then obtain details of the case and advise the client. Depending on the seriousness, they may instruct a barrister or represent the client themselves.
• How would a solicitor become a KC?

  Solicitors with higher rights of audience have been eligible to become KCs since 1995.
• In-house solicitor

  A solicitor that works for the legal department of a larger company.
• Like barristers, solicitors are legal representatives. Unlike barristers, they are not trained advocates. Their expertise and specialisms are usually in non-contentious work.
• The main role of a solicitor is to provide legal advice to their clients either on a dispute or on regulatory issues. The do this by meeting their clients and corresponding in writing to the opposite side to reach a conclusion.
• Solicitors are represented by The Law Society.
• Who sets out the code of conduct and investigates any breaches for solicitors?

  The Solicitors Regulation Authority
• Who handles more serious matters?

  The Solicitors Disciplinary Tribunal
• Possible punishments for any breach:

  • A reprimand
  • A fine
  • Suspension
  • "Struck off" = name removed from database of solicitors
• The Legal Services Act [2007]

  Allows people to take their case to the Independent Legal Ombudsman if they're unhappy with the handling of their complaint by the SRA.
• What did Hall v Simons [2000] show about solicitors?

  If a solicitor was negligent in their advocacy, they were not immune from being sued.
• White v Jones [1995]

  Despite not being the clients of the solicitor, the daughters could sue due to suffering loss from the negligent work.