English Legal System and Law making - Paper 1 (Legal Personnel)

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  • Created by: chloefyf3
  • Created on: 25-06-22 13:44
What are the three groups of people that fall under the term ''lawyers''?
- solicitors

- barristers

- legal executives
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What are solicitors usually for the client?
first point of contact with the legal profession
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Approximately, how many solicitors are practicing in England and Wales?
130,000
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Who are solicitors controlled by?
their own professional body
- the law society
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How many solicitors are employed in private practice?
about 90,000
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What are the four places the remainder of the solicitors will work for?
- local government

- the civil service

- the crown prosecution service

- for private businesses
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What are the two different contexts solicitors may work in?
large city law firms - dealing with multinational clients

smaller less specialised high street practices
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Who are the two types of groups solicitors will work for?
in house for local government

private industry
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What are the two things solicitors work may be and what do these mean (can give example)?
contentious (court based)

non contentious (not court based e.g conveyancing)
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What are the three things solicitors will do in their work relating to their client?
- provide legal advice

- negotiate on their behalf

- do some advocacy work
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What might solicitors draw up, draft and take?
- draw up contracts

- draft wills

- take witness statements
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Who may solicitors brief and why?
barrister

to conduct the case when it is necessary to go to court
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Who may solicitors consult and why?
barristers

for an opinion on a complex case
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What have solicitors always had the right to act as and in which courts?
advocates

in the magistrates court and the county courts
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What can solicitors now also exercise?
higher rights of audience
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What are rights of audience?
appearing in higher courts
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Which two acts allow solicitors to exercise higher rights of audience?
courts and legal services act 1990
&
access to justice act 1999
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What three things must a solicitor complete, pass and apply for to exercise higher rights of audience?
complete extra training

passing examinations on the rules of evidence

applying for a certificate of advocacy
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What will solicitors then be known as?
solicitor advocates
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What are solicitors with advocacy qualifications also eligible to be appointed as?
queen's counsel
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What is the route into becoming a solicitor with a law degree?
three year law degree including certain core subjects ->

completion of legal practice course over a year full time or two years part time
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What is the route into becoming a solicitor with a non law degree?
non law degree ->

graduate diploma in law (GDL) - a one year conversion course ->

legal practice course
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What must students obtain a training contract with and typically how long is this?
with a law firm

two years
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What will the trainee be given and what will they undergo in the training contract?
given experience in different areas of the firms work

undergo further training
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On successful completion of this training contract, who does the trainee solicitor apply to?
the solicitors regulation authority
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If successful with this application, where are they admitted to become fully qualified?
the roll of solicitors
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What is the new way of qualifying that was introduced in 2020?
the solicitor's qualifying examination (SQE)
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What will prospective solicitors require with an example?
any undergraduate degree or equivalent experience

e.g a degree level apprenticeship
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What will prospective solicitors not require?
a qualifying law degree or GDL
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What does the first stage of the SQE assess and through what?
will mainly assess legal knowledge through multiple choice questions
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What does the second stage of the SQE assess and through what?
will assess legal skills through practical examinations and assessments
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What must applicants also complete, with who, before, during or after their SQE assessments?
two years qualifying work experience with up to four different employers (including pro bono experience)
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Who do applicants then apply to for qualification?
the solicitors regulatory authority (SRA)
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At this stage, what will the SRA check before deciding whether to grant qualified status?
checks the applicants quality and suitability
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Who are the two regulators of solicitors?
the law society
&
solicitors regulatory authority
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What must all practicing solicitors be members of?
the law society
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How does the law society support the interests of solicitors?
makes sure the professions voice is heard by the right people (government, industry and in international jurisdictions)
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What does the law society campaign to do?
try to influence government policy and the public on a range of legal issues

works to influence policy and legislation to ensure it protects its members, the public and the justice system
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What did the law society used to be responsible for?
dealing with complaints about solicitors
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Who has the power of dealing with complaints about solicitors now been passed to?
solicitors regulatory authority (SRA)
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What does the solicitors regulatory authority set standards for?
for qualifying as a solicitor
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What does the solicitors regulatory authority monitor?
the quality of training
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What does the solicitors regulatory authority refer and to who?
refers complaints about professional misconduct

to the solicitors disciplinary tribunal
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If a complaint is upheld by the SRA
what are the four options they can take?
fine

reprimand

suspend

strike off the roll
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What does striking a solicitor off the roll prevent them from doing?
from practicing as a solicitor
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Who can complainants appeal decisions to if they disagree with the SRA's decision?
the legal ombudsman
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What are barristers specialists in?
advocacy
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What is an advocate?
someone that represents people in court
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Approximately, how many self employed barristers are there in independent practice in England and Wales?
12,700
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How many are employed by other organisations and what are four examples of these organisations?
3000

- crown prosecution service
- independent businesses
- local government
- the civil service
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What are barristers collectively known as?
the bar
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Who is the professional body that controls the barristers?
the general council of the bar
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What must barristers be a member of and where are they based?
one of the four inns of court

based in london
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Are barristers self employed?
yes
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What do barristers work out of and what does this mean?
chambers

shared offices
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Who do barristers employ and what is their job (2 roles)?
clerks

- arrange meetings with clients and solicitors
- negotiate fees
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How many barristers work in one chamber as they are fairly small?
15-20
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What are four places some qualified barristers work for instead of at the bar?
- law centers

- advice agencies

- government departments

- private companies
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With the exception of specially trained solicitor advocates, what are barristers the only people allowed to conduct and where?
advocacy

in the superior courts
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What is the ability to conduct advocacy in the superior courts known as?
full rights of audience
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In which category of courts does most of the barristers work take place?
the superior courts
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What else do barristers do as well as advocacy (4 roles)?
- provide expert opinions on points of law to solicitors

- write opinions on cases

- give advice

- draft complex documents for use in court
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What rule do barristers follow and what does this mean?
the cab rank rule

they must, if they are free, accept any
case within their area of specialism
for which a suitable fee is offered
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What is a client's access to a barrister usually via?
their solicitor
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What was this thought to increase and why?
legal costs

as it meant clients would have to consult and pay for two lawyers
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Since 2004, what can members of the
public now do and what scheme is this under?
members of the public can now
instruct barristers directly for civil cases

under the direct access scheme
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Which cases / work is direct access still not allowed in (2)?
criminal cases
or
family work
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What must barristers that wish to
engage in direct access work undergo?
additional training
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What is the route into becoming a barrister with a law degree?
three year law degree, including certain core subjects ->

bar course aptitude test ->

bar professional training course, over a year full time or two years part time
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What is the route into becoming a barrister with a non law degree?
non law degree ->

graduate diploma in law, a one year conversion course ->

join one of the four inns of court ->

bar course aptitude test ->

bar professional training course
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What types of subjects (2) does the bar professional training course include?
core subjects
&
optional subjects
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What are some examples of the subjects that will be taken?
- case preparation and legal research
- criminal and civil advocacy
- civil and criminal litigation
- drafting documents
- opinion writing
- conference skills (interviewing clients, advocacy and negotiation)
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What are the four inns of court that a student must join one of?
- lincoln's inn

- inner temple

- middle temple

- gray's inn
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After joining one of the four inns of court, what are the two things students have to do one of in qualifying?
complete twelve qualifying sessions
or
residential training weekends
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On completion of these requirements, what are barristers called to?
the bar
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To gain a place in the chambers, what must barristers complete and what does this mean?
a pupillage

on the job training
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What is the online facility called that barristers can apply on for a pupillage?
the pupillage gateway
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What is the first six months of pupillage spent doing?
observing cases
&
assisting barristers with research
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What is the second six months of pupillage spent doing?
work shadowing continues
&
pupil barristers start to take their own simple cases under supervision
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On completing pupillage, what will successful candidates hope to obtain and what does this mean?
tenancy

a permanent place in a barristers' chambers
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Who are the two bodies that regulate barristers?
the general council of the bar
&
bar standards board
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What does the general council of the bar act like for barristers?
a trade union
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In what two ways does the general council of the bar represent the interests of the bar?
promotes the high quality specialist advocacy and advisory services available
&
makes the bars views known to the government about issues such as legal aid payment rates
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What 4 things does the general council of the bar also promote?
- fair access to justice

- high standards of ethics

- equality and diversity

- the development of business opportunities for barristers
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What did the general council of the bar used to be responsible for and who has this power now been passed to?
disciplining barristers

the bar standards board
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What three things does the bar standards board oversee?
- training

- professional conduct

- disciplinary matters
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What is the code called that barristers should comply with and who investigates alleged breaches of the code?
the code of conduct

the bar standards board
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Where will such breaches of the code be referred to?
a disciplinary tribunal
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What independent service arranges these disciplinary tribunals?
bar tribunals and adjudication service
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What are five sanctions that may come from the tribunal?
- a reprimand

- further professional training

- a fine of up to £50,000

- suspension for up to 12 months

- disbarring in extreme cases
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If complainants disagree with the bar standards boards decision who can they appeal the decision to?
the legal ombudsman
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Who can apply to become a queen's counsel?
barristers or solicitors with advocacy qualifications and at least ten years experience
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What percentage of barristers practicing at the bar are queen counsels?
about 10%
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What is becoming a queen counsel also known as and what does it hold?
taking silk

holds high responsibility and privilege
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What cases do queen counsels usually take on?
more complicated and high profile cases
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What can queen counsels command for their expertise?
higher fees
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Who do many queen counsels have to assist with cases?
a junior barrister
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Who's work is the work of legal executives very similar in nature to?
solicitors
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Are legal executives qualified lawyers?
yes
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What qualification must legal executives have passed?
the institute of legal executive's professional qualification in law
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What do they specialize in?
a particular area of law
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Who do legal executives assist?
solicitors
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How many legal executives are there in practice?
over 20,000
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What do legal executives do (7 roles)?
- provide legal advice to clients
- negotiate on their behalf
- do some advocacy work
- draw up contracts
- draft wills
- advise people involved in an issue related to their specialism
- take witness statements
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As opposed to solicitors who have an automatic right to this, what do legal executives not automatically gain?
rights of audience to argue cases in court
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Since 2008, what have legal executives been able to undergo and also obtain?
undergo additional training in advocacy

obtain wider rights of audience
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What are the three types of proceedings in which legal executives have been able to obtain wider rights of audience in?
civil proceedings
&
criminal proceedings
&
family proceedings
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What three things can a legal executives deal with then?
making an application for bail

dealing with cases in the youth court

dealing with cases in the magistrates court
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What basis do legal executives complete training on and what are they working for whilst doing this?
part time basis

whilst working for a law firm
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What kind of topics do they study?
a wide range of academic law topics
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As compared to solicitors what kind of training do they undertake and what is is suited to?
narrower vocational training

suited to the area they will practice in
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What two diplomas do legal executives have to pass?
professional diploma in law
&
professional higher diploma in law
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After 5 years work experience in a solicitors firm or other legal organisation, what does a legal executive become?
a fellow of the chartered institute of legal executives
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How can chartered legal executives go on to become qualified solicitors (2 things need completing)?
complete further legal study

complete the legal practice course
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What two bodies regulate legal executives?
chartered institute of legal executives (CILex)
&
CILex regulation board
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What must all legal executives be members of?
the chartered institute of legal executives (CILex)
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What three things does CILex provide for legal executives?
- education

- training

- professional development
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What does CILex work to promote and protect?
the interest of legal executives
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What does CILex publish and who regulates this?
a code of conduct

regulated by the CILex regulation board
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What is the CILex regulation board the independent regulator of?
CILex members
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What does the CILex regulation board investigate?
complaints about legal executives
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After an investigation what does the CILex regulation board produce and who is this for?
summary report

for the professional conduct panel
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What will the professional conduct panel decide?
if there has been a misconduct
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What three things can be issued if there has been a declared misconduct?
- reprimand

- warning

- referral for serious issues
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Who will the referral be sent to?
the disciplinary tribunal
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What four options does the disciplinary tribunal have?
- exclude

- reprimand

- warn members

- order the legal executive to pay a fine of up to £3000 plus costs
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Under what act are the solicitors regulatory authority, the bar standards board and the CILex regulation all approved independent regulators?
the legal services act 2007
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Who oversees the solicitors regulatory authority, the bar standards board and the CILex regulation all as approved independent regulators?
the legal services board
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What was the legal ombudsman's office set up to deal with?
complaints against the legal profession
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What three bodies does it deal with complaints about the handling of complaints from?
- the solicitors regulatory authority

- the bar standards board

- the CILex regulatory board
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What are the 5 main complaints the legal ombudsman hears?
- excessive costs
- lack of information about costs being provided before billing
- delay
- failure to follow instructions
- failure to keep those involved informed about the progress of the case
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What are the 5 powers included in the legal ombudsman's job?
- ordering the subject of the complain to apologize to the client
- to put things right if more work can correct what went wrong
- to refund the legal fees
- to reduce the legal fees
- to pay compensation of up to £30,000
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Other cards in this set

Card 2

Front

What are solicitors usually for the client?

Back

first point of contact with the legal profession

Card 3

Front

Approximately, how many solicitors are practicing in England and Wales?

Back

Preview of the front of card 3

Card 4

Front

Who are solicitors controlled by?

Back

Preview of the front of card 4

Card 5

Front

How many solicitors are employed in private practice?

Back

Preview of the front of card 5
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