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Chapter 15: Legal Personnel (15.7 Regulation of legal personnel (15.7.1…
Chapter 15: Legal Personnel
15.7 Regulation of legal personnel
15.7.1 The general council of the bar
Represents barristers it represents the interests of the bar and lets the right part of government know about the bars issues. The council also disciplines barristers who break the code of practice.
15.7.2 Bar standards board
Regulates the profession of barristers. sets training and entry standards it also sets out the code of conduct which barristers should comply with.
15.7.3 The law society
Governing body if solicitors which all practising solicitors must be part of. They exist to support, promote and represent all solicitors so they can help their clients, they also work to ensure that no one is above the law and to protect everyones right to have access to justice.
15.7.4 Solicitors Regulatory Authority
They deal with complaints about professional misconduct of solicitors, the authority will investigate the matter and if there is serious evidence of professional misconduct then the case can be put before the solicitors disciplinary tribunal.
15.7.5 Chartered Institute of legal executives
All legal executives are members, this organisation provides education, training and development of skills and interests of legal executives.
15.7.6 CILEx Regulation board
They investigate complaints about legal executives and if there is misconduct legal executives may have to pay a fine up to £3000 and they could have their membership removed.
15.7.7 The Legal Ombudsman
Set up to deal with complaints about the legal profession, it deals with complaints about the handling of complaints by the regulatory bodies. The main complaints are normally excessive costs or not enough information about costs.
15.2 Barristers
15.2.1 Training
A degree in law or the GDL is needed to enter the bar and do the professional training course.
Pupillage
After the student has passed the professional training course there is on the job training where they work shadowing a barrister.
15.2.2 Role of barristers
Direct access
Originally if anyone needed to instruct a barrister they would have to go to a solicitor first and they would then brief the barrister but this was an unnecessary cost .
They can now can go straight to the barrister apart from in criminal cases or family as they need a solicitor and barrister so the original method needs to be used.
Employed barristers
Barristers can be employed by the government and businesses for example. they still have the same rights of audience as self employed barristers do.
Barristers are usually self employed and work from a set of chambers.
They also have the rights of audience which means the right to present a case in court on behalf of another person.
15.3 Soliciters
15.3.1 Training
Normally have a law degree or CPE or GDL and LPC. this includes training skills such s client interviewing, negotiation, advocacy and other things.
Training contract
Even when the course has been passed the student is still not qualified, they then must obtain a training contract while they work in a solicitors firm for 2 years. Once that training has been completed they will be admitted to the law society.
15.3.2 Role of solicitors
Specialising
They may specialise in a particular field of law even in small firms.
Conveyancing
Legal side of transferring houses and the buildings and land.
Briefing barristers
When it is necessary to go to court the solicitor would brief the barrister on the case.
Rights of advocacy
All solicitors have been able to act as advocates in the Magistrates Court and Crown Court but in higher courts the rights of advocacy are limited.
15.5 Queens Counsel
After at least 10 years as a barrister or a solicitor with an advocacy qualification they can apply to be part of the queens counsel where they take high-profile cases and more complicated.
15.6 Legal executives
15.6.1 Training
Need to pass the professional diploma in law and the the professional higher diploma in law and that they need to work in a solicitors firm for at least five years.
15.6.2 Role of legal executives
They handle various legal aspects of a property transfer, assist in the formation of the company, draft wills and advise clients.