Legal personnel and access to justice

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  • Legal personnel
    • Solicitors- represent client in court for certain types on case, direct contact with client, work out of offices
      • Qualificationsand training- usual training- law free/degree+GDL, legal practise course including training skills, period of authorised training- work in S firm for 2 yrs, get practical experience
      • Role- specialising- in field cases, not criminal, large city firms concentrate on business law, briefing Bs- brief to do case/ go for an opinion, rights of advocacy- act in MC and CC, in private practice apply for advocacy
    • Barristers- no direct contact, instructed by solicitors to represent in court, give written legal opinions to gauge chances of success, work out of chambers
      • Qualificationsand training- 1)trainee enter the bar-degree based, if not law must take GDL, 2)bar professional study training course-case preparation, opinion writing and legal research
      • Role/work- rights of audience- legal services act 2007, only represent client in court if authorised (England and wales), employed- by gov organisation, civil service, criminal advocacy- 2015 all lawyers get accreditation under quality assurance scheme,act in serious case if competent in lower one
    • Legal executives- only need CILEx course and 1 advanced area to specialsie, can work in firms
      • Qualificationsand training- assistant in S firm, qualified lawyers, specialise. Trainees-pass professional diploma in law and professional higher diploma work in S firm for 5 yrs, pass law society legal practise course
      • Role/work- handle legal aspects of property transfer, assist in info on company, daft wills, advise matrimonial issues
    • Queen’s council- take on complex and high profile cases, B/S apply after 10yrs with advocacy qualification, application fee £2,160, appointment fee £3,600, provide references, interview by panel
    • Regulation- general council of the bar- represent Bs in England and Wales, promote bar high quality standards, responsible to discipline Bs. Bar standards board- regulate Bs, development training, pay £50k fine, suspend 12 months, disbar
      • So if Ali V Sydney Hitchell- B can be sued for negligence due to written advise and opinions
      • Bs can be sued for conduct in court- Hall V Simons
      • Law society- support, promote and represent **, promote fair access to justice. S’s regulatory authority- deal with complaints of misconduct
        • ** can be sued for negligence- White V Jones- sued for £9k they had each lost
  • Access to justice
    • Gov funded advice- helplines- civil legal advice, debt if house at risk, domestic abuse, family issues, special educational needs, discrimination
    • Help in civil cases- legal aid agency contracts with law firms and not fro profit organisations,threshold for means test low
    • Availability of legal aid- allowed= children’s rights, liberty of an individual, enviro law. Not allowed= breach of contract/tort, employment, immigration,house, wills, business claims and private family disputes
    • Means testing- receiving income support or job seekers allowance automatically qualify
    • Gross income limit- £2450 or less a month, 4+ kids add £222 per child, if less- disposable income- tax and national income, housing, childcare allowance for living, if lower than min= don’t pay
    • Disposable income limit- £733 a month claimant cant have more than £8k disposable capital, of used on case may be able to apply, first £100k detected from mortgage
    • Gov funding in criminal cases- must apply legal aid agency in ministry of justice and prove interest of justice and means testing
      • Help in criminal- right to free legal advise, duty solicitor scheme=24/7,not means tested
    • Interests of justice- 1)lose liberty of livelihood 2)considers point of law 3)unable to understand 4)may need interviewing 5)interests another they be represented
    • Means testing in M-pass initial full means, gross annual, on income support/under 16, 18 in education
      • CC-low incomes unless DC=£37.5k, returned if D not guilty

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