Lecture notes
legal professions
very in-depth and clear lecture notes from student at city university of London studying the English legal system. I personally revised from these notes and achieved a 2:1 in this module.
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By: kimiamaghsoudi • 4 year ago
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Legal professionsThe relevant acts
Administration of Justice Act 1985: sanctioned licensed conveyancers
Courts and Legal Services Act 1990: solicitors given opportunity to gain higher rights of audience
Access to Justice Act 1999: established Legal Services Commission to oversee legal aid
Legal Services Act 2007: introduced ABS.
The debate re ‘in the public interest’
Lawyers: a strong independent profession required with high ethical standards & a high level of
expertise (Cost=some restrictions & cost may be high)
v
Requires competition to improve efficiency. Control via independent regulation preferable to self-
regulation.
The profession (numbers)
138,243 solicitors
326 alternative business structures
15,279 barristers
7,927 chartered legal executives
5,404 operating in other areas of legal profession (e.g. conveyancers)
Professional groups connected with the legal profession
Legal executives
IP attorneys
Licensed conveyancers
Costs draftsmen
Insolvency practitioners
Tax advisers
Paralegals
Also:
Lay advisers/advocates
Law Centres
Membership services (organisations providing legal services to their members)
Specialist agencies (Greenpeace, Liberty etc)
Claims management companies
, Legal services/ lawyers services distinction
Lawyers in private practice
Lawyers in industry (in-house)
Lawyers in civil service/local government
Lawyers in court administration
Specially trained lay advisers e.g. CAB, welfare rights officers (benefits), licensed conveyancers, will-
writers, accountants (taxes), staff at claims management companies.
Solicitor v barrister
Solicitor:
Give advice and assistance on matters of law
First point of contact for people & bodies seeking legal advice/representation
Work in private practice, central/local government, in-house within commercial/industrial
organisation.
Representing individuals and organisations in their dealings with the law
Can be advocates. All solicitors acquire full rights of audience when admitted to the roll
Can also wear wigs
Qualifications and training
1. Academic stage (LLB, GDL or CILEX)
2. Vocational stage (LPC)
3. Practical stage (Training contract or ‘period of recognised training’ (e.g. paralegals)
4. Trainee becomes fully qualified solicitor
Barrister:
Offer advice on legal issues
Represent clients in court
Receive their information/instructions from a client’s solicitor
Work in chambers, preparing cases
Advocacy
Self employed
Pupil barrister £12,000 minimum PY
Average £180,000 PY
Flood and Hviid 2013 cab rank rule: if a barrister receives instructions from a solicitor, and
you have no other work conflicts, and the payment has been met, you must accept the
work.
Qualifications and training
1. Qualifying law degree
2. BCAT
3. Must join one of the inns of court
4. BPTC
5. Pupillage (one year apprenticeship assisting a qualifying barrister)
6. Tenancy (space in an office or chambers for which you practice and are assessed)
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