solicitors and barristers

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  • Created by: Grace
  • Created on: 06-05-13 20:44
define a solicitor
a lawyer who deals directly with clients by preparing legal documents giving legal advice and representing clients in court when necessary
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what is the academic training stage (solicitor)?
either a qualifying 3 year university law degree or a degree in another subject and the the CPE/GDL
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what is the vocational training stage (solicitor)?
the legal practice course - 1 year course learning all the necessary skills: client interviewing, negotiation, drafting documents, business management and advocacy
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what is the practical training stage (solicitor)?
the final training stage- 2 years working in a solicitors firm
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what happens when a solicitor is added to the roll?
they become a qualified solicitor and are able to apply for a practicing certificate
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what sort of work do solicitors undertake? (6 things)
1. meeting with clients offering advice 2. conveyancing 3. wills and probate 4. family matters 5. negligence (personal injury claims) 6. negotiation on clients behalf
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what rights do solicitors have to advocate?
all have rights of audience in lower courts, can apply for more rights under rights of audience regulations 2010
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what is the organisation of solicitors?
- represented by law society and controlled by solicitors regulation authority -work in firms - legal services act 2007 solicitors can work in alternative business structures
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how are solicitors regulated?
as solicitors deal directly with clients they can be sued for breach of contract (solicitor for non payment and client for negligence etc)
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what is the significance of Hall v Simmons 2000?
Supreme court decided that solicitor advocates can be liable for negligent advocacy
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what is the complaints system for solicitors?
unsatisfied client must forst go through firm, then to office for legal complaints set up by legal services act 2007
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who are all complaints regulated and referred to?
legal ombudsman
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what is the solicitors regulation authority?
a body which regulates solicitors and will investigate any alleged misconduct of solicitors.
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define a barrister
specially trained to advise clients on the strengths and weaknesses of their case and act as courtroom advocates
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what is the academic stage of training? (barristers)
a qualifying three year university law degree or another degree and then the CPE/GDL
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after a training barrister has finished their degree what must they do?
join an inns of court (1/4) must undertake 12 qualifying sessions at chosen inn
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what is the vocational stage of training? (barristers)
BVC (bar vocational course) practically based and involves role playing and advocacy, case prep, drafting legal documents and opinion writing
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what happens after the BVC is completed?
the barrister is eligible to be called to the bar- can be called a barrister but to practice they must complete final stage of training
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what is the practical stage of training? (barristers)
pupilage- 1 year shadowing a barrister (6 months just watching mentor, 6 months under supervision of doing own work)
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what sort of work do barristers undertake? (5 things)
1. advocacy (majority of barristers) 2. legal research 3. case conferences with clients (s/w of clients case) 4. writing an opinion for client 5. negotiating settlement with other side.
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how are barristers organised?
most work in chambers- self employed but a group work together and hire a clerk to do admin work and book cases. most work under solicitors instructions but there is direct access in civil cases where client can go directly to barrister.
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how are barristers regulated?
no contract between client and barrister so cant be sued for breach on contract however can be sued for negligence re: written advice (saif ali v Syndney Mitchell and co) and negligent advocacy in court (hall v simmons 2000)
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what is the complaints system for barristers
first client can go to chambers of barrister, then to office for legal complaints created by legal services act 2007 all complaints referred to legal services ombudsman
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what can the legal services ombudsman make both solicitors and barristers do after a complaint?
apologise to client, give back any necessary legal docs, put things right if more work can correct mistake, reduce or refund legal costs, pay compensation of up to £30,000
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what do the bar standards board do?
regulate barristers and investigate any breach of codes of conduct.
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Card 2

Front

what is the academic training stage (solicitor)?

Back

either a qualifying 3 year university law degree or a degree in another subject and the the CPE/GDL

Card 3

Front

what is the vocational training stage (solicitor)?

Back

Preview of the front of card 3

Card 4

Front

what is the practical training stage (solicitor)?

Back

Preview of the front of card 4

Card 5

Front

what happens when a solicitor is added to the roll?

Back

Preview of the front of card 5
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