Solicitor role & regulation

• Solicitor

  Role : The majority of solicitors work in private practice in a solicitor’s firm. This can be ranging from a small high street firm to a large big city firm with international divisions. They can also work for the CPS, for a local authority or government departments or as legal advisors in commercial businesses.

  Generally solicitors are the first source of advice and work directly with clients.
• Solicitor

  type of work : In large firms solicitors may specialise in specific areas of law, but in high street practises the work of a solicitor is generalised and may include; conveyancing, making wills, consumer problems, business matters, personal injury claims and family matters
• Solicitor

  Civil Matters (1)

  Solicitors interview clients, negotiate on behalf of their clients such as amounts for settlement of claims, write letters and emails, draft documents such as wills and contracts, leases or other formal documents.

  • Collect evidence, prepare and issue court papers make bundles which are documents organised into files for either passing on to the barrister or for themselves
  • Instruct Barristers and may also assist in court by taking notes and obtaining further evidence .
• Solicitor

  Role in Civil Matters (2)

  Some solicitors practise advocacy and work in litigation this means representing clients in court. Their rights of audience are restricted to the lower courts and before a single judge in the \high Court where family matters are concerned. Although solicitors may apply for extended rights of audience,  which means that they can represent clients in the higher courts. Solicitors are able to apply for Queen's Counsel similar to barristers.
• Solicitor

  Criminal Matters

  • Initally meet client in police station though generally this is now over the phone due to cuts in legal aid bill in serious cases they may sit on police interviews and advise client
  • if police press charges solicitor will obtain disclosure which are details of the prosecution case and advise client on the strength of their case
• Solicitor

  Criminal Cases (2)

  • In summary or either way trials solicitor can represent client but in more serious trials a barrister may be briefed
  • Soliciots attend bail hearings and afterwards explain to the defendant the outcome and how they may have to comply with bail conditions
• Solicitor Regulation

  The Solicitors Regulation Authority deal with complaints about professional misconduct of solicitors. Initially it will investigate the complaint and if there is evidence of misconduct it can bring the case to the Solicitors Disciplinary Tribunal. The Tribunal can fine or reprimand the solicitor or in more serious cases it can suspend the solicitor from the Roll of Solicitors so they cannot practise for a certain amount of time. In very serious cases the Tribunal can strike off and they are not allowed to practise again.
• Solicitor liability in contract and negligence

  • may be sued in breach of contract.
  • client could also seek negligence under tort of negligence if they suffer loss due to poor quality of work (Hall v Simmons)
  • May also be liable for people who have been affected by their negligence as seen in White v Jones