Barristers and solicitors

• Role of solicitors Pt.1

  .There are over 148,300 solicitors practising in England and Wales

  .Solicitor’s representing body is the law society ( protects the rights of solicitors) and all practising solicitors must be a member. 

  .Solicitors are regulated by the solicitors regulation authority. They check up and make sure solicitors are doing their job well

  .Solicitors are considered general practitioners of the law (know all areas of the law)
• Role of solicitors Pt.2

  .They can work in private practice or employed by organisations such as the crown prosecution service

  .Most of solicitors work comes from conveyancing, drawing up wills, drafting contracts, writing letters and family and matrimonial work.

  .Solicitors do almost all advocacy in the magistrates court, but have also developed full rights of audience since the Access to Justice Act 1999, subject to accreditation under the Quality Assurance Scheme for Advocates. The certificate of advocacy allows solicitors to gain relationships with clients
• Role of barristers Pt. 1

  .There are nearly 16,900 barristers .Barrister’s representing body is the general council of the bar and all practising barristers must be a member of one of four inns of court : Lincoln's Inn, inner temple, Middle Temple or Gray’s Inn. The purpose of the inns of court is to help barristers network together.

  .Barristers are regulated by the bar standards board .barristers are usually self employed, although they share chambers (the office they work in) with other barristers and share a clerk as they help to manage the barristers workload.
• Role of barristers Pt.2

  .Barristers are considered advocacy specialists, and work under the cab rank rule. This rule means that a barrister cannot turn down a case within their specialism. This was because barristers stopped accepting cases that wouldn't win . Barristers have rights of audience in all criminal courts, subject to accreditation under the Quality Assurance Scheme for Advocates. from 2004 Bar Direct anyone can gain direct access to a barrister for civil cases. This stops the client having to pay two professionals.
• Barristers training

  .Membership of Inn of court - Choose to dine 12 times in one year at the inn of court which gives students the opportunity to meet senior barristers and judges and immerse themselves in the traditions of the profession. (known as networking)

  .Bar professional training course - this is a vocational course which teaches students the key skills needed to become a barrister, with a very heavy focus on advocacy, as well as other skills such as conferencing, drafting

  .Pupillage - the trainee barrister becomes a pupil barrister to a qualified barrister.
• Kings council

  .barristers are eligible for promotion to the King's council if they have the required qualifications and experience (10 years)

  King's councils are informally referred to as silks because they are eligible to wear gowns made of silk.

  To become a king's council you have to have higher rights of audience and demonstrate the competencies in the Competency framework to a standard of excellence

  .King's council are the top 10% of barristers in the uk.
• Regulation of solicitors

  .Solicitors are regulated by the solicitors regulation authority whose purpose is to protect the public by : 

  • Ensuring solicitors meet high standards
  • #acting when risks are identified

  .They make sure that solicitors adhere to the principles set out in the authority’s code of conduct

  .It has the power to fine up to £2,000, issue a written reprimand, close a firm, and prosecute in the solicitors disciplinary tribunal which has the power to suspend a solicitor from practice or strike off a solicitor from the roll of solicitors
• Regulation of barristers

  .barristers are regulated by the bar standards board whose purpose is to regulate barristers and their professional practice

  .They make sure that barristers adhere to the principles set out in the boards code of conduct and can discipline any breaches of that code

  .if the matter beads to be referred to the disciplinary tribunal it has the power to fine up to £50,000, issue a written reprimand, make the barristers complete further development training, suspend the barrister for up to 12 months from practice or disbar the barrister.
• What are the bar standards board responsible for

  They are responsible for : 

  • Setting the education and training requirements for becoming a barrister
  • Setting continuing training requirements to ensure that barristers skills are maintained throughout their careers
  • Setting standards of conduct for barristers
  • Handling complaints against barristers and the organisations we authorise and taking disciplinary or other action where appropriate.
• Complaints

  .Office for legal complaints is how a client complains against a barrister or a solicitor 

  .Created by the regal service act 2007

  .completely independent of other regulatory

  .the chairman is a non lawyer and the majority of members must also be non lawyers

  .it deals with complaints against all sectors of the legal profession about poor service
• Complaints

  .the office for legal complaints also set up the legal Ombudsman in 2010 which can make decisions about complaints. The legal ombudsman has the power to make the legal professional 

  • Apologise to the client
  • Put things right it additional work can correct the problem 
  • Refund or reduce any legal fees
  • Pay compensation up to £30,000
• Arguments for fusion

  .arguments in favour of fusion

  • Reduced costs, as only one lawyer would be needed instead of a solicitor and a barrister
  • More efficient, as only one person would be doing the work resulting in less duplication
  • More continuity as the same person deals with the case from start to finish
  • We are one of the only legal systems that operates a divided legal profession
• Arguments against fusion

  .Arguments against fusion

  • Possible decline in the area of specialism, especially in relation to advocacy
  • Loss of the independent bar
  • A barrister currently provides a second opinion, fusion would lead to a loss of objectivity
  • Cab rank rule would be lost - could result in people being without representation