Legal Proffession 1 - Solicitors
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- Created by: TabithaNash16
- Created on: 05-03-21 18:14
What is the legal professions like in England and Wales?
England and Wales is unique in having a divided profession:
- Solicitors = regulated by Law Society
- Take on cases, give advice and do all preperation work
- Barristers = regulated by the Bar Council
- Take it to court, do the speaking get the informa
- Solicitors = regulated by Law Society
- Take on cases, give advice and do all preperation work
- Barristers = regulated by the Bar Council
- Take it to court, do the speaking get the informa
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What exists in addition to Solicitors and Barristers?
Legal Executives
These qualify and are regulated through the Chartered Institute of Legal Executives (CILEX)
These qualify and are regulated through the Chartered Institute of Legal Executives (CILEX)
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How many solicitors are there practicing in England and Wales?
How many of them work in private practice?
Where are the remaining?
How many of them work in private practice?
Where are the remaining?
130,000
90,000 work in private practice solicitor firms
Remaining are in employed work - banks, insurance companies, BBC, newspapers
90,000 work in private practice solicitor firms
Remaining are in employed work - banks, insurance companies, BBC, newspapers
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What cant solicitors form?
But what happens now?
But what happens now?
Solicitors can not form companies but may now form LLPs (Limited Liability Partnerships)
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What is the training and qualifications like for solicitors?
Need a law degree - or another and Graduate Diploma in Law
Legal Practice Course - 1 year
2 year Training Contract - 6 months in different departments
Professional Skills Course - 3 week course and exam
Alternative route for mature students doing CILEX
Legal Practice Course - 1 year
2 year Training Contract - 6 months in different departments
Professional Skills Course - 3 week course and exam
Alternative route for mature students doing CILEX
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Training and Qualifications
What is the alternative route for mature students doing Chartered Institute of Legal Executives?
What is the alternative route for mature students doing Chartered Institute of Legal Executives?
Instead of degrees can do legal executives course, have to be working within solicitors office and do the training every week which is equiavalent to a degree, studying for 4 years and have to work in office for 5 years
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What is September 2021 new qualification?
Solicitors Qualifying Examination (SQE) will be phased in from 2021
This will eventually replace the LPC
This will eventually replace the LPC
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What is the career progression?
Trainee Solicitor
Assistant Solicitor
Fee Earner
Partner
Senior Partner
Judge (following CLSA 1990)
Assistant Solicitor
Fee Earner
Partner
Senior Partner
Judge (following CLSA 1990)
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What is the solicitors relationship with their client?
Client may go direct to a solicitor and they have the choice of which solicitor they will appoint
Can refuse to act for a client, will have contractual relationship with their client where the client is paying for the service
Solicitor or client may sue
Can refuse to act for a client, will have contractual relationship with their client where the client is paying for the service
Solicitor or client may sue
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Relationship with Client
What may solicitors be liable for?
What may solicitors be liable for?
Solicitors may be liable in negligence for work outside court (White v Jones 1995) and now even work inside court (Arthur Hall v Simons 2000) overruling (Saif Ali v Sydney Mitchell & Co 1978)
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What is the solicitors role in the criminal justice defence?
Advise suspects on their rights at police station
Sit in on police interviews
Represent clients at bail hearings at Mag Court
Advise clients on plea
Prepare a defence for trail
Defend clients in Magistrates Court
Instruct a barrister for Crown Court tria
Sit in on police interviews
Represent clients at bail hearings at Mag Court
Advise clients on plea
Prepare a defence for trail
Defend clients in Magistrates Court
Instruct a barrister for Crown Court tria
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What is the solicitors role in prosecution?
Decide if there is sufficient evidence to prosecute
Decide what offence to charge a suspect with
Conduct prosecutions in the Magistrates Court tend to employ a barrister to do those in the Crown Court
Decide what offence to charge a suspect with
Conduct prosecutions in the Magistrates Court tend to employ a barrister to do those in the Crown Court
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What is the solicitors role in civil law?
Advocacy in the small claims and county court, solicitors with extended rights of audience may conduct advocacy in the High Court, providing legal advice, drafting contracts and leases, negotiating terms of contracts, negotiating financial settlements, dr
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Rights of audience
Where do Solicitors have the right of audience?
Where do Solicitors have the right of audience?
Automatically have the rights of audience in the magistrates and county courts
Up until recently they have not been able to appear in any other courts with two exceptions
Up until recently they have not been able to appear in any other courts with two exceptions
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Rights of audience
What are the exceptions for being able to appear in other courts?
What are the exceptions for being able to appear in other courts?
A solicitor can appear in Crown Court where case had been either committed for sentencing or was appeal from the Magistrates court - only where the solicitor had represented in the mag court (Practice Direction 1972)
Following the case of Abse v Smith 198
Following the case of Abse v Smith 198
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Rights of audience
What did the Courts and Legal Services Act 1990 allow?
What did the Courts and Legal Services Act 1990 allow?
allowed "suitably qualified" solicitors to have advocacy rights in all courts
- the original requirements for qualification were seen as too restrictive and not many solicitors applied for the extended rights
- the current requirements are set out in th
- the original requirements for qualification were seen as too restrictive and not many solicitors applied for the extended rights
- the current requirements are set out in th
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What is the composition of solicitors?
Up until 1922, it was illegal for a women to become a solicitor
Despite the lifting of the ban, the profession remained dominated by white men
This recieved much criticism for lacking in diversity and the Law Society introduced a programme of positive di
Despite the lifting of the ban, the profession remained dominated by white men
This recieved much criticism for lacking in diversity and the Law Society introduced a programme of positive di
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Why is it important that the legal profession is diverse?
Important to have normal people and a good social mix not just elite people who come from wealthy backgrounds
It is important that there is a wide range of social classes so they can understand their clients
It is important that there is a wide range of social classes so they can understand their clients
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What is the percentage of solicitors that are female?
49.48%
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What is the percentage of solicitors that are BAME?
16% - this figured has doubled over 15 years
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What factors may account for the pay gap?
Men tend to be in areas of law that attract higher pay like the big commercial firms in London whereas women tend to go into things like family law and immigration law
It has only been in the last 20/30 years that women have been in these professions, one
It has only been in the last 20/30 years that women have been in these professions, one
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What are the two main organisations concerned with regulating solicitors?
Law Society
Solicitors Regulatory Authority
They are overseen by the Legal Services Board
Also a Legal Ombudsman to deal with any complaints
Solicitors Regulatory Authority
They are overseen by the Legal Services Board
Also a Legal Ombudsman to deal with any complaints
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What is the Law Society?
Regulatory body for solicitors which has existed for almost 200 years, all solicitors must be members of the Law Society, it sets out what they can do and cant do, it acts as a trade union, campaigns for solicitors rights eg Rights of Audience, set out tr
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What is the Solicitor Regulatory Authority?
deals with complaints against solicitors, conducts the Solicitors Disciplinary Tribunal, can strike a solicitor from the Roll for serious professional misconduct, it can fine, suspend or reprimand solicitors, complaints against the way the SRA dealt with
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What does the Legal Ombudsment handle?
handles complaints regarding the handling of complaints by the SRA, Bar Council and CILEX Regulatory Board
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What can the Legal Ombudsmen order?
An apology
Return of documents
The correction of any errors that have been made
Refund or reduce legal fees
Compensation up to £30,000
Return of documents
The correction of any errors that have been made
Refund or reduce legal fees
Compensation up to £30,000
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Other cards in this set
Card 2
Front
What exists in addition to Solicitors and Barristers?
Back
Legal Executives
These qualify and are regulated through the Chartered Institute of Legal Executives (CILEX)
These qualify and are regulated through the Chartered Institute of Legal Executives (CILEX)
Card 3
Front
How many solicitors are there practicing in England and Wales?
How many of them work in private practice?
Where are the remaining?
How many of them work in private practice?
Where are the remaining?
Back
Card 4
Front
What cant solicitors form?
But what happens now?
But what happens now?
Back
Card 5
Front
What is the training and qualifications like for solicitors?
Back
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