The legal profession

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Topic 11
The legal profession
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Topic 11 The legal profession barristers and
solicitors
Barristers and solicitors
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Topic 11 The legal profession barristers and
solicitors
Barristers and solicitors

• education and training
• work
• complaints

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Topic 11 The legal profession barristers and
solicitors
Education and training

• degree
• vocational course
• training
• further qualifications

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Topic 11 The legal profession barristers and
solicitors
Degree
A student wishing to pursue a career as a
barrister or solicitor may read a degree in any
discipline. Most take an LLB law degree, but if a
student completes a degree in another subject,
there is a 1-year law conversion course called
the Common Professional Examination (CPE).
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Topic 11 The legal profession barristers and
solicitors
Vocational course

• A decision must be made between becoming a
  solicitor or a barrister, and depending on this
  decision there are two different courses that can
  be taken
• Potential solicitors will take the Legal
  Practice Course
• (LPC).
• Potential barristers will take the Bar
  Vocational Course
• (BVC).

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Topic 11 The legal profession barristers and
solicitors
Training solicitors
Solicitors complete a training contract, which
usually involves 2 years practical experience in
a solicitors office, but it can also be with a
government department, the Crown Prosecution
Service, the Magistrates Court Service or
in-house legal departments. The time is usually
spent working in various departments so that the
trainee gains practical experience in at least
three different areas.
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Topic 11 The legal profession barristers and
solicitors
Training barristers
Barristers complete a pupillage. This is usually
carried out in chambers and is divided into two
periods of 6 months. A pupil will shadow an
experienced barrister for 6 months and then
undertake his or her own work in their second 6
months. There are a limited number of other
places where pupillage can be carried out,
including working in the European Commission.
Once the pupillage is completed, the barrister
needs to become a permanent member of the
chambers or a tenant.
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Topic 11 The legal profession barristers and
solicitors
Further qualifications

• Solicitors can complete a certificate of
  advocacy, which
• will allow them greater rights of audience in
  the higher
• courts.
• Barristers receive on-going training covering
  advocacy,
• case preparation and procedure, professional
  conduct
• and ethics.
• Both solicitors and barristers can apply for the
  judiciary
• and the position of Queens Counsel.

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Topic 11 The legal profession barristers and
solicitors
Work of solicitors

• There are over 100,000 solicitors in the UK who
  are
• supervised and represented by the Law Society.
• Some solicitors work alone but most work in
• partnerships, owned and managed by several
  partners
• who take a share of any profits.
• The type of work that a solicitor might do
  varies greatly
• depending upon the type of firm that they work
  for. In
• addition, most solicitors specialise in a
  couple of areas
• and may know very little about law in other
  areas.

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Topic 11 The legal profession barristers and
solicitors
Types of law firm
Most law firms can be divided between high street
firms and commercial firms.
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Topic 11 The legal profession barristers and
solicitors
High street solicitors firms
High street solicitors firms may have several
offices throughout a region. They generally deal
with individual clients and cover criminal law or
civil law or both. Some will carry out publicly
funded work paid for by legal aid. They may
advise and represent a client who has been
charged with a criminal offence. They may carry
out the necessary conveyancing when someone is
buying or selling property or they may advise on
personal injury matters or the mechanics of
drafting a will.
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Topic 11 The legal profession barristers and
solicitors
Commercial solicitors firms
Commercial solicitors firms often have offices
throughout the world and they tend to work for
businesses rather than individuals and as such
are called on to provide a different range of
services. Commercial firms may advise clients on
intellectual property matters, mergers and
acquisitions, employment contracts and business
conveyancing. Commercial lawyers may also
represent wealthy individuals.
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Topic 11 The legal profession barristers and
solicitors
A solicitors typical day

• As there is so much variation in the type of
  work solicitors carry out, there is a big
  difference in the activities that make up their
  typical working days.
• Many solicitors begin by reviewing and
  responding to the huge amount of mail that
  they receive.
• Some will draft documents such as a contract of
  employment or a will.
• Many solicitors spend their days meeting with
  clients or negotiating settlements or
  attending court.
• Others may draft instructions for a barrister
  whose opinion they require upon a particular
  matter.

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Topic 11 The legal profession barristers and
solicitors
Employed solicitors
Not all solicitors work in private practice.
Increasing numbers of solicitors are employed
outside solicitors firms. They may work in an
in-house legal department for a large
corporation, for the Legal Services Commission or
the Crown Prosecution Service, for local
government or in the Magistrates Courts as
clerks.
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Topic 11 The legal profession barristers and
solicitors
Work of barristers
There are about 15,000 barristers in the UK who
are governed and supervised by the Bar Council.
Most of these barristers are self-employed but
share administrative costs by working together in
chambers. A few are sole practitioners.
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Topic 11 The legal profession barristers and
solicitors
Advocacy
Traditionally, barristers have specialised in
advocacy representing clients in court in both
criminal and civil cases. Barristers will also
have conferences with their clients to discuss
certain aspects of their cases. These conferences
may be before the case goes to court, or in
straightforward cases, a barrister may hold a
pre-hearing conference on the actual day of the
court hearing.
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Topic 11 The legal profession barristers and
solicitors
Written opinions
Barristers write opinions, usually on the
instructions of a solicitor. Opinions give their
views on matters such as the strengths and
weaknesses of a case, how a complex area of the
law relates to a particular case, and whether
evidence is likely to be admissible or not.
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Topic 11 The legal profession barristers and
solicitors
The cab-rank rule
Self-employed barristers work according to the
cab-rank rule, whereby if they have the time
and skills and are offered a reasonable fee they
must accept the job. This is to avoid situations
where some people may not be able to get a
barrister to represent them.
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Topic 11 The legal profession barristers and
solicitors
Instructing a barrister
It used to be the case that only solicitors could
instruct a barrister, but from 1989, some
professions have been allowed to instruct
barristers directly either for their own needs or
on behalf of their clients.
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Topic 11 The legal profession barristers and
solicitors
Direct access
Barristers can provide direct assistance, but
those seeking such access have to apply for a
licence. Those who are licensed include members
of organisations such as the Chartered Institute
of Building, the Society of Financial Advisors,
the Engineering Council and several accountancy
institutes. Some groups have direct access
without the need for a licence, including
employed barristers and certain legal advice
centres.
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Topic 11 The legal profession barristers and
solicitors
Public access
Members of the public can, since 2003, go
directly to a barrister in a number of cases,
rather than needing to instruct a solicitor
first. This is known as public access.
Barristers must fulfil certain conditions before
they can accept public access work, including
practising for at least 3 years and attending a
training course. Public access is allowed in most
areas but there are exceptions, which include
some areas of criminal, family and immigration
work.
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Topic 11 The legal profession barristers and
solicitors
Employed barristers
About 3,000 barristers are employed rather than
self-employed. They work for a variety of
organisations including in-house legal
departments, government departments and advice
centres.
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Topic 11 The legal profession barristers and
solicitors
Queens Counsel (1)
Barristers may apply to become a Queens Counsel.
The system dealing with these applications has
recently changed and has become more transparent
than previous methods, which had been heavily
criticised. Applicants pay a fee of 1,800
initially and a further 2,250 if successful.
They complete a form giving details of their work
and skills and listing several referees who are
familiar with their work. After a selection
panel has reviewed their applications, candidates
are interviewed.
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Topic 11 The legal profession barristers and
solicitors
Queens Counsel (2)
The advantages for those who are successful in
achieving QC status are that they gain an
elevated status among their peers. They can
command much higher fees, often as well as having
a junior barrister to assist them. They can also
wear silk rather than polyester gowns!
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Topic 11 The legal profession barristers and
solicitors
Complaints against solicitors

• There are various ways to complain about a
  solicitor if a client is dissatisfied with the
  service that he or she has received or the amount
  that he or she has been asked to pay. These
  options include
• speak to the solicitor
• the Law Society
• Legal Services Ombudsman
• action through the courts

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Topic 11 The legal profession barristers and
solicitors
Speak to the solicitor
The first step in a complaint is to raise the
matter with the solicitor or the firm that they
work for. All firms should have a process in
place for dealing with complaints. Ideally, the
complaint should be made in writing (the Law
Society has a resolution form on its website that
can be printed off and filled in). The
dissatisfied client should explain what the
complaint is about and how he or she would like
it to be resolved. Many complaints are resolved
at this stage.
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Topic 11 The legal profession barristers and
solicitors
The Law Society
If a firm does not reply to a complaint within a
reasonable amount of time or if the complaint has
not been resolved, the next step is for the
client to contact the Law Society. This must be
within the time limits that the Law Society sets
down usually 6 months. It will investigate the
complaint and has the power to reduce the
solicitors bill, order the solicitor to pay
compensation of up to 15,000 or tell him or her
to correct the mistake and meet any costs
incurred.
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Topic 11 The legal profession barristers and
solicitors
Legal Services Complaints Commissioner
The Office of the Legal Services Complaints
Commissioner was set up following the Access to
Justice Act 1999. It works with the Law Society
and represents the interests of consumers to
improve complaints handling.
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Topic 11 The legal profession barristers and
solicitors
Legal Services Ombudsman
If the client is unhappy with the way that the
Law Society has investigated a complaint, he or
she can make a final appeal to the Legal Services
Ombudsman (LSO), currently Zahida Manzoor. This
must be within 3 months of receiving the Law
Societys decision. The LSO will not usually look
at the original complaint but rather at how it
was dealt with by the Law Society. The powers of
the LSO include recomending that the Law Society
reconsider the complaint, formally criticising
the Law Society or ordering it to pay
compensation.
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Topic 11 The legal profession barristers and
solicitors
Action through the courts
A dissatisfied client can sue the solicitor
through the courts for neglience. He or she would
have to prove that the solicitor fell below the
standards of a reasonable solicitor. The courts
are able to award compensation if the client is
successful.
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Topic 11 The legal profession barristers and
solicitors
Complaints against barristers

• Clients with a complaint against a barrister
  should speak to their solicitor, if they have
  one, to see whether he or she agrees with the
  complaint and if he or she can resolve it. Other
  options include
• the Bar Council
• the Complaints Commissioners
• the Legal Services Ombudsman
• action through the courts

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Topic 11 The legal profession barristers and
solicitors
The Bar Council
If the complaint cannot be resolved by a
solicitor, the next step is for the client to
contact the Bar Council. This must usually be
done within 6 months of the complaint arising.
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Topic 11 The legal profession barristers and
solicitors
The Complaints Commissioner

• The Complaints Commissioner oversees the
  complaints
• process and investigates any complaints. The
  current
• Commissioner is Michael Scott, who is a
  non-lawyer entirely
• independent from the Bar Council.
• If, after consideration of the complaint, the
  Commissioner
• thinks that it might be justified, he will
  refer it to the
• Professional Conduct and Complaints Committee
  (PCC) for
• its opinion.
• If it agrees, the complaint is sent to a
  disciplinary panel for
• a final decision as to whether the complaint
  is justified and,
• if so, to determine the measures that should
  be taken.

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Topic 11 The legal profession barristers and
solicitors
Legal Services Ombudsman
As with solicitors, if the client is unhappy with
the way that the Bar Council investigated the
complaint, he or she can make a final appeal to
the Legal Services Ombudsman. The process is the
same for barristers and solicitors.
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Topic 11 The legal profession barristers and
solicitors
Action through the courts
Again, as with solicitors, a dissatisfied client
can sue a barrister through the courts for
negligence. Barristers used to have immunity
from liability, but that changed in 2000 when the
House of Lords abolished this protection in the
case of Arthur JS Hall and Co. v Simons (2000).
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Topic 11 The legal profession Crown Prosecution
Service
Crown Prosecution Service
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Topic 11 The legal profession Crown Prosecution
Service
Introduction to the Crown Prosecution Service
The Crown Prosecution Service (CPS) was created
under the Prosecution of Offences Act 1985. Its
main responsibility is prosecuting those charged
with criminal offences. Prior to the setting up
of the CPS, the police used to investigate and
prosecute cases themselves.
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Topic 11 The legal profession Crown Prosecution
Service
The CPS

• role
• deciding whether to prosecute
• staff

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Topic 11 The legal profession Crown Prosecution
Service
Role
The CPS works both in offices and in police
stations, deciding who to charge and who to
release. If a person is to be charged, it
decides what he or she will be charged with. The
CPS reviews cases submitted to it and decides
whether or not to prosecute. If a prosecution is
to go ahead, the CPS prepares and presents the
case in court. The CPS used to employ many
barristers to present prosecutions in Crown Court.
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Topic 11 The legal profession Crown Prosecution
Service
Deciding whether to prosecute
Decisions on whether to prosecute are based on a
two-stage test in the Code for Crown Prosecutors.
The CPS will first consider whether the evidence
available gives a realistic prospect of
conviction in court and if so, it must then
consider whether it is in the public interest to
prosecute. It will take into account the
circumstances of the offence, looking at the
motive behind it and how it was carried out, for
example if a weapon was used or whether the
victim was serving the public. If both tests are
satisfied, a prosecution will go ahead.
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Topic 11 The legal profession Crown Prosecution
Service
Staff
The CPS is headed by the Director of Public
Prosecutions (DPP), currently Ken Macdonald QC.
The DPP reports to the Attorney General,
currently Lord Goldsmith, who is, in turn,
responsible to Parliament. The CPS has several
offices around England and Wales that deal with
around 1.3 million cases a year, the vast
majority of which are in the Magistrates Court.
It employs about 7,700 staff, 2,500 of which are
lawyers.
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Topic 11 The legal profession judges
Judges
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Topic 11 The legal profession judges
Introduction to judges

• types of judge
• termination
• judicial independence

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Topic 11 The legal profession judges
Types of judge

• Law Lords
• Judges in the Court of Appeal
• High Court Judges
• Circuit Judges
• District Judges
• District Judges (Magistrates Court)
• Recorders (part-time judges)

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Topic 11 The legal profession judges
Law Lords
Title Lords of Appeal in Ordinary/Law Lords
Number 12 Court House of Lords and Privy
Council Appointed by the queen on recommendation
of the prime minister, who has been advised by
the Lord Chancellor Qualifications appointed
from those who hold high judicial office, e.g. a
judge in the Court of Appeal, or from those with
15 years experience of supreme courts
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Topic 11 The legal profession judges
Judges in the Court of Appeal
Title Lord and Lady Justices of Appeal Number
37 Court Court of Appeal Appointed by the queen
on recommendation of the prime minister, who has
been advised by the Lord Chancellor the Lord
Chancellor will have consulted senior members of
the judiciary Qualifications the statutory
qualification is a 10-year High Court
qualification or being a High Court Judge most
Court of Appeal judges are promoted from the
ranks of experienced High Court Judges
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Topic 11 The legal profession judges
High Court Judges
Title Mr or Mrs Justice (Surname) Number
112 Court High Court and serious cases in Crown
Court Appointed by the queen on advice from Lord
Chancellor. Qualifications they must have a
right of audience in relation to all proceedings
in the High Court for 10 years, or have been a
Circuit Judge for at least 2 years once
appointed, they are assigned to a Division of the
High Court the Chancery Division, the Queen's
Bench Division, or the Family Division.
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Topic 11 The legal profession judges
Circuit Judges
Number 636 and 42 Deputy Circuit Judges who sit
part time in retirement Court Circuit Judges
are assigned to a particular circuit and may sit
at any of the Crown and County Courts on that
circuit they can hear both criminal and civil
cases Appointed by the queen on the
recommendation of the Lord Chancellor Qualificatio
ns 10-year Crown Court or 10-year County Court
qualification or to be the holder of one of a
number of other judicial offices for at least 3
years
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Topic 11 The legal profession judges
District Judges
Number 412, and 744 Deputy District
Judges Court on appointment, a District Judge is
assigned to a particular circuit and may sit at
any of the County Courts or District Registries
of the High Court in that circuit a District
Registry is part of the High Court, situated in
various places in England and Wales Appointed
by the Lord Chancellor Qualifications 7-year
general qualification
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Topic 11 The legal profession judges
District Judges (Magistrates Court)
Number 128, and 167 Deputy District Judges
(Magistrates Court) Court District Judges
(Magistrates Court) hear cases in Magistrates
Courts they are paid and deal with the full
range of cases and usually hear the longest and
most complicated cases they can either sit alone
or with lay magistrates Appointed by the Lord
Chancellor Qualifications 7-year general
qualification
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Topic 11 The legal profession judges
Recorders (part-time judges)
Number 1,404 Court Recorders may sit in both
the Crown and County Courtsmost begin in the
Crown Court, although after about 2 years and
further training, they may sit in the County
Courts a Recorder must sit for at least 15 days
a year but not normally for more than 30
days Appointed by the queen on the
recommendation of the Lord Chancellor Qualificatio
ns the statutory qualification for appointment
as a Recorder is a 10-year Crown Court or 10-year
County Court qualification
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Topic 11 The legal profession judges
Termination

• A judges appointment can be terminated in four
  different
• ways
• resignation
• retirement
• removal due to infirmity
• dismissal

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Topic 11 The legal profession judges
Resignation
Judges may resign at any time. This has been used
in the past as a way of getting rid of judges
without having to dismiss them, by giving them an
opportunity to resign instead.
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Topic 11 The legal profession judges
Retirement
The usual retirement age for judges is 70.
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Topic 11 The legal profession judges
Removal due to infirmity
This method is used if a judge is incapacitated,
usually through ill health, and is unable to
resign.
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Topic 11 The legal profession judges
Dismissal
Judges are given security of tenure during good
behaviour. Following the Act of Settlement 1700,
the Law Lords, Lords Justices of Appeal and High
Court Judges can only be removed by the queen on
the petition of both Houses of Parliament. Circuit
Judges and other judges can be removed by the
Lord Chancellor for incapacity or misbehaviour.
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Topic 11 The legal profession judges
Judicial independence
Great weight is given to the notion of judicial
independence, and it is central to the theory of
the separation of powers. The idea behind it is
simple, namely that judges should operate free
from pressure, whether it be applied by the
government, political parties or anyone else.
Without pressure, judges are free to make
independent and impartial decisions, without fear
of reprisal.
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Topic 11 The legal profession judges
Measures to ensure judicial independence

1. Security of tenure
2. Legal action against judges
3. Judicial salaries
4. Unable to take part in party politics

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Topic 11 The legal profession judges
Security of tenure
It is very difficult to dismiss a member of the
judiciary. This is to ensure that he or she acts
without fear of losing his or her job at the
hands of the government or other bodies.
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Topic 11 The legal profession judges
Legal action against judges
Judges cannot be sued for anything done in their
judicial role.
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Topic 11 The legal profession judges
Judicial salaries
These are paid out of the consolidated fund and
are not voted upon by Parliament, so judges will
not be tempted to find in favour of the
government in order to secure a pay rise.
Equally, judges can act without fear of a wage
cut if they make unpopular decisions.
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Topic 11 The legal profession judges
Unable to take part in party politics
Full-time judges must refrain from active
political involvement.