Legal Profession

Cards (10)

  • Role of Solicitors:
    • Employment: Most solicitors work in law firms; some work for the CPS, government, or business legal departments.
    • Solicitor Advocates: Can represent clients in all courts.
    • Civil Work: Includes conveyancing, wills, probate, family and personal injury claims, negotiating, drafting wills and contracts, and litigation. They may brief barristers for higher court cases unless they hold a certificate of advocacy.
    • Criminal Work: Involves criminal legal aid, including acting as duty solicitors in police stations and magistrates' courts.
  • Regulation of Solicitors:
    ·         Law Society - They represent the interest of their members – much like a union.
    ·         Solicitors Regulatory Authority - Regulates the profession and deals with complaints.
    ·         Sued for negligent advocacy (Hall v Simons)
    ·         Sued for negligent advice/work (White v Jones)
    ·         Office for Legal Complaints Set up by the Legal Services Act 2007, which deals with complaints regarding the way a complaint was handled. The matter is referred to the Legal Ombudsman.
  • Role of Barristers
    • Specialise in specific areas
    • Give advice
    • Hold case conferences
    • Draft documents for use in court
    • Accept and undertake work through Public Access
    • Negotiate settlements
    • Undertake legal research
    • Write Counsel’s opinion
    • Prepare cases for court
    • Advocacy
  • Specific areas of specialisation
    • Criminal law
    • Family law
    • Commercial law
    • Personal injury
  • Role of Barristers
    1. Meet with clients
    2. Assist with legal issues
    3. Meet with relevant parties
    4. Ensure necessary documentation is produced
    5. Produce a written opinion on a case
    6. Represent clients in court
  • General Council of the Bar
    • Controls the barristers
    • Sets standards of ethics, equality and diversity
    • Regulates barristers
    • Investigates any alleged breach of code of conduct
    • Can discipline a barrister who is in breach of the code
  • Serious matters of professional misconduct
    1. Barrister referred to Disciplinary Tribunal
    2. May be struck off
  • Office for Legal Complaints was set up by the Legal Services Act 2007
  • Office for Legal Complaints
    Deals with complaints regarding the way a complaint was handled
  • The matter is referred to the Office for Legal Complaints

    Referred to Legal Ombudsman