Legal profession flashcards G151.

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  • Created on: 08-04-14 20:36
What did Legal Services Act 2007 establish?
Complaints procedure (Independent office for legal complaints was established) and the Legal Services Board (to oversee/regulate all legal profession)
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When did the complaints system about barristers and solicitors change?
In 2010, despite it being part of the Legal Services Act 2007.
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What did Legal Services Act introduce regarding regulation?
New independent regulation of Legal Profession (Solicitors Regulatory Authority, Legal Services Board, Bar Standards Board)
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What did Legal Services Act introduce regarding complaints?
New Complaints Procedure (Office for Legal Complaints in 2010 and Legal Ombudsman 2010)
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What did Legal Services Act introduce regarding structure?
Reorganised business structures (Alternative Business Structure 2011 and the Legal Disciplinary Practices 2009)
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What is the Solicitors Regulatory Authority?
Organises training, organises solicitors education, sets qualification requirements, sets rules of practice and investigates allegations into professional misconduct.
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What is the Legal Services Board?
Independent regulation (oversees legal profession, solicitors AND barristers). Majority are non-lawyers and they oversee the SRA and BSB)
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What is the Bar Standards Board?
Organises training, entry standards, sets code of conduct, disciplines profession and investigates allegations into breach of conduct.
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What is the Office for Legal Complaints?
Independent of legal profession, handles all complaints in the legal profession. Majority are non-lawyers.
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Aim of Office for Legal Complaints?
Quick, fair, accessible, simple complaints structure for consumers. Came live in October 2010.
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What is a legal ombudsman?
Someone appointed by gov to investigate impartially. His role is to handle day to day complaints and decide whether a lawyer's service has been satisfactory. Came live in October 2010.
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What can a legal ombudsman do?
Ask lawyer to apologise, ask lawyer to rectify situation, can make lawyer refund fees/reduce fees or may be made to pay compensation.
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Wht could people not do prior to Legal Servicces Act 2007 regarding business?
Solicitors/barristers could not work together, enter partnership together, and non-lawyers couldn't manage a legal business.
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What did Alternative Business structure do?
Live in October 2011, meant that the legal business could be owned by non-lawyers (e.g. co-operative society) and solicitors/barristers could work together.
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What is Legal Disciplinary Practice?
25% of partners in firm can be non-lawyers.
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Describe education of solicitors?
Qualifying law degree/non law-degree (academic stage), Legal Practice Course (LPC) (vocational stage), Training Contract (professional stage) and Continuing professional development.
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Describe education of barristers?
Qualifying law degree/non law-degree (academic stage), Bar professional training course, membership of the inns of court and called to bar (vocational stage), then pupilage, tenancy, and continuing professional development (professional stage).
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What does a qualifying law degree cover?
seven foundations of law (on tract, tort, constitutional law, criminal law, property law, equality/trusts and EU law.
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What is a graduate diploma in law?
Training in core legal subjects (seven foundations of law)
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How many solicitors in the UK?
115,000
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How many barristers in UK?
12,000.
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What does a legal practice course entail?
Practical based training in skills: client interviewing, negotiation, advocacy, drafting legal documents, business management and accounting. For 1 year or 2 yrs part time. Can get sponsorship but very hard.
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What does the bar professional training course entail?
Practical Vocational training of skills: oral presentation/advocacy, case preparation -interview,negotiation, drafting legal opinions/pleadings for solicitors. Sponsorships possible but rare, 1 year or 2 years p/t.
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How much does a LPC cost?
£10-12,000
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How much does BPTC cost?
£12,000-£15,000.
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What is membership of the inns?
Student barristers must join one of the 4 inns of court and have to dine in Inn 12 times before being called to the bar. Main function of training courses for trainee barristers.
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What i called to bar?
Can use title of barrister but are not fully qualified, before they do a pupilage.
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What is a pupilage?
Practical/professional 'apprenticeship' in chambers. Becomes 'pupil' to a qualified barrister. 1 year split into 2x 6 months. First 6 months observation/shadowing. 2nd manage own cases in court. Small salary half payed to trainee solicitors.
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What is continuing professional development in solicitors?
16-20 hrs of professional development per year according to need/interest.
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What is continuing professional development in barristers?
42 hrs of professional development in first 3 years and 12 hours per year after.
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What is [Bar Direct] 2004
Now in CIVIL cases only, a client can go see a Barrister directly for legal opinions, so solicitors may lose out.
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What are High Street Solicitors?
General practitioners dealing directly with individual clients regarding aspects of criminal, and civil law and publicly funded work paid for by legal aid.
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What are commercial law firms?
Specialised solicitors who work for businesses rather than individuals. The work includes mergers/aquisitions (businesses buying businesses), contracts, finance etc.
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What is a salaried solicitor?
Work for large company/industry within an 'in-house' legal department (e.g. local government). These can be in crown prosecution service, government departments, local authorities.
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Legal Services Act regarding fusion?
Removed the need to fuse professions as barristers and solicitors can work together in a legal business and take cases from beginning to end.
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Explain in house-complaints?
To complain about a solicitor you can contact actual solicitor or partner of firm, and for barristers the Head of Chambers if direct access was used.
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Explain complaints about professional misconduct? (solicitors)
Solicitors Regulatory Authority investigate allegations into professional conduct. They can refer cases to Solicitors Disciplinary Tribunal which can fine/reprimand/suspend/strike off role of solicitors.
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Explain complaints about professional misconduct? (barristers)
Bar Standards Board investigate allegations of breach of conduct. Can discipline the barrister themselves or can refer the matter to the Disciplinary Tribunal of the Council of the Inns of Court which can: suspend/disbar barrister from practice.
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What can you do if unhappy with SRA or BSB?
Go to a Legal Ombudsman and they will give an impartial verdict on whether the solicitor/barrister's service to a client has been unsatisfactory. They can make lawyer apologise, put things right, refund/reduce legal fees, organise compensation (£30k)
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How can you sue in the civil court for your barrister/solicitors conduct?
When there is a breach of contract, negligent work out of or in court.
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Court Action- breach of contract?
Client can sue solicitors for breach of contract as they enter contractual relationship. Cannot sue barristers unless they used bar direct where the B deals directly with the client.
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Court Action - negligent work out of court? (solicitors)
Griffifths v Davson 1993 - Solicitors acting for claimant failed to make correct application in divorce proceedings so wife lost out financially. Got £21k compensation. White v Jones 1995 - fathers will was not drawn up properly so sued solicitor 9k
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Court Action - negligent work out of court? (barristers)
Saif Ali 1980 - A barrister had given a client a wrong advise in legal opinion about who to sue, so claimant was too late to start proceedings against right person.
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Court Action - negligent work in court?
Hall v Simons 2000 - HOL held that the solicitors and barristers could be sued for advocacy in court.
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Who can sue solicitors for negligence out of court?
People affected directly or other people affected by solicitors negligence. (e.g. White v Jones 1995 case)
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Other cards in this set

Card 2

Front

When did the complaints system about barristers and solicitors change?

Back

In 2010, despite it being part of the Legal Services Act 2007.

Card 3

Front

What did Legal Services Act introduce regarding regulation?

Back

Preview of the front of card 3

Card 4

Front

What did Legal Services Act introduce regarding complaints?

Back

Preview of the front of card 4

Card 5

Front

What did Legal Services Act introduce regarding structure?

Back

Preview of the front of card 5
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