legal personnel

?

Barrister basic facts

  • 'the bar' conrolled by their own professional body, the general coucil of the bar
  • members of 1/4 inns. Lincolns Inn, Inner Temple, Middle Temple, Grays Inn
  • 12,700 self employed
  • 3,000 employed by organisations
1 of 28

Barrister stage one training

Degree

  • if not in law then must past the GDL
  • GDL = Graduate Dipolma in Law
2 of 28

Barrister stage two training

Bar Professional Training Course

  • case prep
  • opinion writing
  • legal research
  • drafting documents e.g. claims form
  • conference skills
  • negotiation
  • advococy
  • knowledge
3 of 28

Barrister stage three training

Pupilage

  • 'on the job' training - work shadowing a barrister
  • for 12 months or 6 months shadowing 2.
4 of 28

General role - Barristers

  • self employed but within a chamber 15-20 members
  • employ a clerk as admin
  • after 10 years can apply to Queens Counsel - harder cases, higher pay
  • advocacy - presenting cases in court
  • rights of audience, can speak in any court
5 of 28

Direct Access

  • don't have to go through a solicitor first
  • not allowed in criminal or family cases
  • additional training required
6 of 28

Who might employ Barristers?

  • crown prosecution service - law pay but regular pay
  • independent business
  • local government
  • civil services
  • chamber work - high pay but not reliable
7 of 28

Barrister role change

  • can gain advocate right to higher cases after proving yourself in lower ones - get credited
  • has not come into force is just a sugesstion
8 of 28

Solicitor basic facts

  • 136,000 in practice
  • 90,000 on private practice
  • controlled by the law society
9 of 28

Solicitor stage one training

Degree

  • in law or if not sits GDL
  • GDL = graduate diploma in law
10 of 28

Solicitor stage two training

Legal Practice Course

  • client interviews
  • negotiation
  • avdvocacy
  • drafting documenhts
  • legal research
  • business management overseen by Solicitors Regulatory Authority
11 of 28

Solicitor stage three training

Authorised training

  • works in a firm for 2 years gaining practical experience
12 of 28

Solicitor employment opportunites

  • private firm practice
  • legal advisor
  • crown prosecution service
  • local authority or government
  • private practice as a sole solicitor
  • general firm practice
  • ain to start as assistant or associate solicitor in hope to be a partner in firm
13 of 28

Solicitor general role

  • advising clients
  • interviews
  • negotiating
  • writing letters
  • drafting contracts, leases and other legal documents
  • drawing up wills
  • conveyancing
  • advocacy
14 of 28

solicitor specialisations

  • In one field
  • smaller firms are more general whereas larger firms have departments
  • cities tend to concentrate on business
  • solicitors breif barristers ready for the court
15 of 28

Solicitor rold change

Conveyancing

  • deal with legal side of buying and selling property

Rights of audience

  • court and legal services act 1990
  • can now apply for advocacy in higher courts. need magistrate and county court experience. then a short training course and exam
16 of 28

Queen counsel basic facts

  • can apply after 10 years
  • 10% practising at the Bar are QC
  • known as 'taking silk'
  • take on more complicated and high profile cases
  • not in QC 'junior barrister' - ofen assist QC
  • charge higher fees
17 of 28

QC appointment system until 2004

  • appointed by Lod Chancellor

criticised for...

  • criteria was too secretive
  • less than 10% of QC were women, plus only small number of ethnic minority

= had an effect on the composition of the judiciary

senior judges usually chosen from QC ranks. In 2004 Lord Chancellor, the Bar Council and the law society agreed a new system.

18 of 28

QC appoitment system from 2006

done by the independent selection panel

  • application fee = £2,160 ... if successful ...
  • appoitment fee = £3,600

need references and an interview

19 of 28

New QC system appointment

  • 2016 = 107 new QC members
  • 25/48 women applied and were successful
  • 9/32 ethnic minorities applied and were successful
  • 3/9 solicitors applied and were sucessful
  • 15% women and 6.5% ethnic minority
20 of 28

Legal executives basic facts

  • work as a assistant in a solicitors firm
  • have to pass the Institute of Legal Executives Professional Qualification in law
  • specialise in one particular field
  • over 20,000 in practice
21 of 28

Training Qualifications of legal executives

  • professional diploma in law and professioanl higher diploma in law
  • 5 years work in a firm or organisation ( CPS or gov.)=

= fellow of the chartered insitute of legal executives

  • can go on to be a solicitor after passing Law Societies Legal Practice Course
22 of 28

Legal executive role

  • handle various legal aspects of property transfer
  • assist in the formation of a company
  • dreft wills
  • advise on matrimonial problems
  • advise clients accused of petty crime
  • have some rights of audience 
  • specialise in one area 
  • partners in firm are responsible of them
  • fee earners = charge an hourly rate direct to client, this contributes to the firm
23 of 28

Legal executive advocacy

  • some rights of audience - not family/civil matters in county court
  • since 2008, extra course on advocacy and wider audience rights

3 practising certificates 

  • civil proceedings
  • criminal proceedings
  • family porceedings

make applications of bail or deal with youth/family at magistrates 

24 of 28

Representative Body Barristers

Bar Council 

  • fufills a trade union function 
  • represents the bars view on issues such as legal aid payment rates to appropiate gov. department
  • promotes fair access of justice to all
  • use to be responsible for disciplining barristers who breahced Code Of Practice but was creating conflict so created the Bar Standards Board
25 of 28

Regulatory Body Barristers

Bar Standards Board

  • sets training and entry requirements

If behaviour seriously breached then pass on to a Disciplinary Tribunal by independant Bar Tribunals and Adjudication Service

  • reprimand Barrister
  • complete extra training
  • fine up to £50,000
  • 12 month suspension
  • disbar

If unhappy then go to the legal ombudsman 

26 of 28

Representative Body Solicitors

Law Society

  • everyone is a member, almost 200 years running
  • speaks to gov. , parliament and public on legal issues in order to protect members
  • helps raise the profile of the profession through campaigns and networking, promotes the UK legal sector
27 of 28

Regulatory Body Solicitors

Solicitors Regulatory Authority 

  • deals with complaints about misconduct

goes to a Solicitors Disciplinary Tribunal 

  • fine
  • reprimand
  • suspend
  • strike

If unhappy go to Legal Ombudsman 

28 of 28

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all The Legal profession resources »