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Barristers & Solicitors - Coggle Diagram

- - - - Stage 3: Training Contract (2 years)
        this is two years of work experience in a solicitor's office, the type of law covered is dependent on the firm, trainees may also decide to work for the CPS (Crown Prosecution Service). although some decide to work in private practices.
  - - - A client who want to complain against a solicitor should first use the complaints procedure of the firm. They have 28 days , if the matter is not resolved then a complaint can be made to the SRA.
    - - A solicitor deals directly with clients and so they can enter into a contract with them. If a client does not pay a solicitor, they have the right to sue for the fees. A client can sue their solicitor on two grounds: breach of contract and negligence.
      - Breach of Contract
        
        If the solicitor fails to do the work agreed, the client can sue his solicitor for breach of contract.
      - Negligence
        
        If the solicitor fails complete his or hers work properly, a client can sue their solicitor for negligence.
        
        Griffiths - Solicitors for the claimant failed to make the correct application in divorce proceedings against her husband. As a result, the claimant lost financially, and the solicitors were ordered to pay £21,000 as compensation.
        Other people affected by the solicitor's negligence may also have the right to sue in certain circumstances.
        
        Jones - A father wanted to a make a will leaving £9000 to each of his daughters. The solicitors did nothing about it, so as a result the daughters did not inherit any money after he died. They successfully sued the solicitor for the money they lost.
    - - . SRA investigate complaints about the proffetional misconduct of solicitors.
        . In very serious cases, the Tribunal can suspend or strike off a solicitor from the roll.
        . If the complaint is unhappy with the SRA, they will take their case to the Legal Ombudman.
- - - - Stage 3: Barristers are '' called to the bar'' - they are now qualified
        
        Stage 4: Pupillage (1 year)
        the newly qualified barrister must now complete a 1 year job training, this involves shadowing an experienced barrister and after the first 6 months they can appear in court.
  - - - The chambers from which barrister practices should have a complaints procedure, and should be used first. They have 28 days to reply to the complaint or the complaint is not resolved then a complaint can be made to the Bar Standards Board.
    - - . This body regulates the profession of barristers. It sets a Code of Conduct, which barristers should comply with.
        . It can discipline any barrister in breach of code. If the breach is serious, it will be referred to a disciplinary tribunal.
        . If the complainant is unhappy with the BSB, they will take their case to the Legal Ombudsman.
- - - - . Investigate complaints about legal executives
        . Investigations are put before a professional Conduct Panel for consideration. They will decide if there has been misconduct.
        . They will reject the complaint if there has been no misconduct.
        . They will repromand/ warn a member if there has been a misconduct.
        . Serious matters will be reffered to the disciplinary tribunal - they have the power to eclude a person from membership.
        . Additionally, the tribunal can issue a fine up to £3000 and costs.