This letter will be extremely useful in the exam as all you need to be typing this letter contains therefore there will be no more typing before the exam. You will find all the topics and definitions as well as descriptions.
Dear Claire,
My name is Emanuela and I am a trainee solicitor at Willow and Lake Solicitors advising
what to do in your situation. I have fully read your case and now I will explain the potential
charges you can face and why ,examining every part of your case.
Solicitors are sometimes referred to as the general practitioners of the legal profession as
they are the first port of call for the most clients if needed legal advice. An analogy with the
medical profession GP’s and the Consultant is often used but solicitors can actually be just
as specialised as barristers. Solicitors tend to work in partnerships, even though some may
be employed by a firm. Others go into public services with local authorities.The solicitors
training begins with a degree based and a degree of at least upper-second class is needed
2:1. If the candidate has a law degree itr must be qualifying law degree such as the LLB in
law. However if the candidate has a degree in another subject, then the candidate must
undertake an additional year (if taken full time) of study to convert their degree into a
qualifying one. Conversion courses are typically the Graduate Diploma in Law (GDL) of The
Common Professional Exam (CPE). After the degree solicitors take a one- year practice
Legal Practice Course (LPC).This may be taken at a law school or authorised university.
This is a vocational course and it equips students with the practical skills needed in order to
practice and covers training in skills such as client-interviewing, negotiation , advocacy,
drafting, documents and legal research. This costs about £16000 in London and £12-£13
outside of London and is not covered by the Government’s student loan scheme, however if
you entered the course with 1:1 you may have a discount and pay £8000.The last stage
which is the practical stage involved a two year training contract. This is a period of
apprenticeship with a practicing solicitor. During this time the students are known as trainee
solicitors and receive a minimum rate of pay depending on where the contract is undertaken.
The trainee will also have to complete a 20 day professional skills course.Once this period is
completed students will be added to the rolls at a ceremony very much like a calling
ceremony and will be fully qualified solicitors.Solicitors are regulated by the Solicitors’
Regulation Authority which deals with all regulatory and disciplinary matters and enforces
standards for solicitors. The solicitors are always in direct contact with the client so can sue
for non-payment of fees and can be sued for breach of contact. Solicitors can also be sued
in negligence for work both in and out of court. If the client is not happy about it’s solicitor the
first step would involve speaking with the firm to resolve the matter. If the problem still
doesn't solve then it will be taken to the Solicitors Regulation Authority. After investigation if
there is any evidence of serious professional misconduct the case will then go to the
Solicitors Disciplinary Tribunal.if the tribunal upholds the complaint it can be fine or
reprimand the solicitor. In serious cases the solicitor is suspended from the roll for a certain
period of time or even strikes off a solicitor from it’s roll.
Only 16,000 barristers are in practice now, with approximately 12,000 in private practice
remaining the 400 which are employed by organisations such as Crown Prosecution.
Barristers are also referred to as ‘counsel’ or ‘advocates’ and collectively as ‘The bar’.
Barrister’s training begins academically completing a qualifying law degree or completing a
conversion course if the degree is not law. In the last year of their degree and certainly
before commencement of the Vocational stage, a prospective barrister must join one of the
four inns of court, all sustained in London: Gray’s Inn, Lincoln’s Inn, Middle Temple, Inner
Temple. Inns are ancient legal educational/social establishments and first engaged in the
13th century. The main function is to provide support for barristers and students through a
, range of educational activities, launching and dining facilities and access to common rooms.
After the fee is paid and an application has been processed becoming a member it is
compulsory that students keep terms at their Inn by attending at least 2 social/academic
events. The second step in training is a vocational stage called Bar Professional Training
Course (BPTC) which is one year FT or two years PT. The course develops the practical
legal skill in a barrister needing such legal research,advocacy, client conferences,
negotiation and drafting legal documents,costing £19000 in london and £15000 outside.
Once training is completed students are ‘called to the Bar’ where they receive their
qualification at a ‘calling ceremony’ at their Inn and they become fully qualified barristers.The
third and last step is the practical training. After the student has passed the BPTC, the next
step is to find a 12 month placement in chambers called pupillage involving a senior barrister
called a pupil master. Pupilage is divided into two sets of six months. The 1st six months
during which the pupil merely shadows but will be asked to undertake legal research and
drafting exercises and the second six months in which the pupil can actually take on their
own cases earn fees. Once the pupillage is completed the newly qualified barrister must find
a permanent place in chambers known as a tenancy. The barrister will contribute running it
after becoming a part of those chambers. As finding a tenancy is extremely difficult and
many barristers squat in the chambers in which they did their pupillage meaning they stay on
informally without actually being offered a tenancy.The Bar Standards Board is the body
which regulates the profession it sets the training and entry standard and also sets out the
code of conduct that barristes sound comply by. The Board investigates any alleged breach
of the Code of Conduct and can discipline any barrister who is in breach of the code. There
is no contract between the client and the barrister except in situations of Direct Access and
so the barrister cannot sue if their fees are not paid. However barristers can be sued for
negligence. Barristers can also be disciplined by the Senate of the Inns of Court if they fail to
maintain their code of conduct. They can be ‘disbarred’ meaning they can no longer
practice.Barristers cannot form partnerships and are self employed. They group together into
what are called chambers which are buildings in which barristers work. Each one may
consist of around 15-20 barristers. In chambers all barristers contribute towards the
overhead such as secretarial staff, clerks, lighting, heating etc. Barristers may specialise in a
certain area of law so there are criminal sets or civil sets that may specialise in a certain
area family law for example. They will employ a clerk as a practice administrator booking in
cases and negotiating cases and large chambers will have support staff. Solicitors tend to
use certain chambers and will [ass the case to the clerk of chambers who will then distribute
the case based on the cab rank rule meaning that they are allocated to be the next available
barrister. If available a barrister is obligated to accept any work in a field which they are
competent in practice meaning that they cannot refuse.Barsiters are specialised in advocacy
that is arguing and presenting cases in court on behalf of another. Barristers will also engage
in legal research, draft opinions for solicitors- an opinion is a piece of detailed written advice
on a particular case, prepare a lot of pre-trial paperwork such as pleadings or skeleton
arguments. Barristers have the rights of audience in all courts. Even barristers that
specialise in advocacy will do ascertain amount of paperwork writing opinion on cases
grieving advice and drafting documents for use in court. Criminal barristers that work in
private practice are likely to defend clients and occasionally prosecute cases. Once allocated
a case by their clerk they may of course need to undertake some legal research. As part of
their role they may also have a client conference with the person they are representing to
clarify the facts, ask questions and advice so plea/any available defences and likely
outcomes (often this may be on the day of first hearing). They will spend as much time as
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