legal personnel
This topic is about the roles of each type of worked in the legal sector. Below is a description of each of these roles and what they do, how they are trained and the issues with those positions. There is a variety of jobs available in the legal sector and they have varying levels of entry requirements, i.e experience and qualifications.
Solicitors
These are your classic legal professional. A solicitor can do all sorts of work; conveyancing of property, writing of wills, defending clients in Magistrates' Courts; the list is endless. There are 138,758 solicitors in the UK right now (May,2017).
Solicitors become qualified in the classic academic route. They need to have A Levels or equivalent to enter on to study a law degree. That degree must cover 7 core modules to qualify as a QLD (Qualifying Law Degree).Training solicitors can also do any other degree but would have to do a GDL (Graduate Diploma in Law) which covers the seven core modules in one intense year of study. This then converts the degree into a qualifying law degree. Once a degree has been acquired, they must take part in a Legal Practice Course; this is a one-year full-time course or a two-year part-time course. The trainee then secures a training contract with a company or firm for a two year period where they train. They then become fully qualified as a solicitor.
Solicitors' work comprises of mainly private sector work. There are employment opportunities in the public sector, such as working for the local city or town councils, or even the CPS (Crown Prosecution Service). The companies in the private sector vary from 'high street' practices to the big city firms with multiple partners. Solicitors take part in activities such as drafting and writing letters for clients, drafting contracts, leases or other legal documents, drawing up wills, etc. A solicitor could represent a client in court. This is known as advocacy and some solicitors will do this and spend a lot of time in court.
Solicitors have general practice abilities and knowledge in the vast majority of areas, but most solicitors will specialize in a particular area of law. Firms may deal with certain areas of law only, depending on the solicitors at their employ. Large city firms usually deal with business and commercial law.
A solicitor can advocate for a client in the Magistrates Court' and the County Court, but there rights of audience in limited in other areas of the judicial system.
The Law Society is the body that oversees the work of solicitors. It is the governing body of solicitors and it has a council that is elected by the solicitors themselves. The head of the council is the President, who is elected and changes each year. The powers come from the Solicitors Act 1974 and sets rules about how they must qualify and train. They are also responsible for disciplinary proceedings against solicitors if they do something wrong.
If a solicitor receives a complaint, then there are methods that this can be dealt with. A client can complain if a solicitor breaches their contractual role as a solicitor and can be made to pay compensation to their clients if they are negligent. In White v Jones (1995), a father wanted a will drafting but the solicitors failed to complete the will and the daughters missed out on inheritance - they sued the solicitors for £9,000 they had each lost. The Legal Services Act 2007 created the Office for Legal Complaints. This is an independent of the Law Society and other legal professionals. This set up the Legal Ombudsman who can deal with complaints about poor service by solicitors as well as other legal professionals in the field. The Ombudsman can apologise to client, give back any documents that the client might need, put things right if more work can correct what went wrong, refund or reduce the legal fees and pay compensation of up to £30,000.
Also, there is the Solicitor's Regulation Authority. This is a body that investigates the complaints made about professional misconduct of solicitors. They can put a case before the Solicitor's Disciplinary Tribunal if the allegations of misconduct are serious enough. The tribunal can uphold the complaint which then means that there can be a fine or a reprimand of the solicitor. In serious cases, they can suspend the solicitor from the roll, so that they can not practice for a certain time. They could even be struck off the roll.
These are your classic legal professional. A solicitor can do all sorts of work; conveyancing of property, writing of wills, defending clients in Magistrates' Courts; the list is endless. There are 138,758 solicitors in the UK right now (May,2017).
Solicitors become qualified in the classic academic route. They need to have A Levels or equivalent to enter on to study a law degree. That degree must cover 7 core modules to qualify as a QLD (Qualifying Law Degree).Training solicitors can also do any other degree but would have to do a GDL (Graduate Diploma in Law) which covers the seven core modules in one intense year of study. This then converts the degree into a qualifying law degree. Once a degree has been acquired, they must take part in a Legal Practice Course; this is a one-year full-time course or a two-year part-time course. The trainee then secures a training contract with a company or firm for a two year period where they train. They then become fully qualified as a solicitor.
Solicitors' work comprises of mainly private sector work. There are employment opportunities in the public sector, such as working for the local city or town councils, or even the CPS (Crown Prosecution Service). The companies in the private sector vary from 'high street' practices to the big city firms with multiple partners. Solicitors take part in activities such as drafting and writing letters for clients, drafting contracts, leases or other legal documents, drawing up wills, etc. A solicitor could represent a client in court. This is known as advocacy and some solicitors will do this and spend a lot of time in court.
Solicitors have general practice abilities and knowledge in the vast majority of areas, but most solicitors will specialize in a particular area of law. Firms may deal with certain areas of law only, depending on the solicitors at their employ. Large city firms usually deal with business and commercial law.
A solicitor can advocate for a client in the Magistrates Court' and the County Court, but there rights of audience in limited in other areas of the judicial system.
The Law Society is the body that oversees the work of solicitors. It is the governing body of solicitors and it has a council that is elected by the solicitors themselves. The head of the council is the President, who is elected and changes each year. The powers come from the Solicitors Act 1974 and sets rules about how they must qualify and train. They are also responsible for disciplinary proceedings against solicitors if they do something wrong.
If a solicitor receives a complaint, then there are methods that this can be dealt with. A client can complain if a solicitor breaches their contractual role as a solicitor and can be made to pay compensation to their clients if they are negligent. In White v Jones (1995), a father wanted a will drafting but the solicitors failed to complete the will and the daughters missed out on inheritance - they sued the solicitors for £9,000 they had each lost. The Legal Services Act 2007 created the Office for Legal Complaints. This is an independent of the Law Society and other legal professionals. This set up the Legal Ombudsman who can deal with complaints about poor service by solicitors as well as other legal professionals in the field. The Ombudsman can apologise to client, give back any documents that the client might need, put things right if more work can correct what went wrong, refund or reduce the legal fees and pay compensation of up to £30,000.
Also, there is the Solicitor's Regulation Authority. This is a body that investigates the complaints made about professional misconduct of solicitors. They can put a case before the Solicitor's Disciplinary Tribunal if the allegations of misconduct are serious enough. The tribunal can uphold the complaint which then means that there can be a fine or a reprimand of the solicitor. In serious cases, they can suspend the solicitor from the roll, so that they can not practice for a certain time. They could even be struck off the roll.
Barristers
These are the people who stand forward in court and represent the defendants and prosecution cases in Crown Court and beyond. They have the rights to audience and are experts in advocacy. A defendant will not speak in court but be represented by their barrister. The barrister will never meet with the client but will liase through their solicitor. There are roughly about 15-16,000 barristers practicing in the legal system (2015 figures). They work within the CPS and private firms in criminal law, but also for local government or the civil service.
To qualify as a barrister, you can follow the traditional method of receiving a law degree followed by a Membership at an Inn of Court. You must be a member of one of the four Inns of Court: Lincoln's Inn, Inner Temple, Middle Temple and Gray's Inn. They all are situated near the Royal Courts of Justice in London. After the degree, students must complete a one year Bar Professional Training Course (it can be done in two years part time also). On this course they will study a variety of skills, including case preparation, legal research, written skills and advocacy. They study specific areas relevant to their litigation, such as the law of evidence. Then they are called to the Bar. This means that they are qualified as a barrister. They then need to acquire a pupillage where they have on the job training. They shadow a barrister and learn from them as they go about their work. The pupillage consists of two sessions of 6 months. A trainee can spend that time with one pupil master or between two. The Bar Council organize ongoing training that barristers must take part in. After six months, the trainee barristers are able to conduct their own cases and appear in court.
Barristers are self-employed. They usually work from a set of chambers where they share administrative expenses with other barristers. A chambers may contain 20 to 25 barristers. A clerk will be employed to administrate organizing cases and booking appointments. A barrister could work from home, but to build a successful practice, it is usually more helpful to have chambers and be present. Barristers mostly dealing with advocacy, but can also specialise in areas of tax and company law. A barrister has rights of audience in all of England and Wales. Even those who specialize in advocacy will do a certain amount of paperwork writing opinions of cases, giving advice and drafting documents for use in court.
Previously, clients were not allowed to talk to their barristers at all. They were not allowed to communicate with them or have direct access and a solicitor would have to relay between the client and the barrister. The rules have been relaxed and now individuals can talk their barrister and avoid solicitor costs as well as the costs of a barrister. However, in criminal cases there still is no direct access.
Barristers operate on a cab rank rule; when a taxi has a job, it goes to the back of the queue and waits its turn. The barristers work just like this so that everyone gets a fair amount of work in the chambers. They cannot generally turn down a case that is on the area of law that they deal with. If a client approaches a barrister directly, then the cab rank rule does not apply. Barristers can turn down cases that are not in their area or about services which they cannot provide.
The employed Bar includes barristers working for the CPS and have full rights of audience to advocate in all courts in England and Wales. After ten years experience as a barrister or a solicitor with an advocacy qualification, they can apply to the Lord Chancellor to become Queen's Counsel (QC). 10% roughly of barristers and it is known as 'taking silk'. QCs deal with complicated and high-profile cases. They do command higher fees for their expertise and often a QC will have a junior barrister to assist with the case.
The Bar Council is the governing body of barristers and it is run by elected officials, similarly to the Law Society. they are responsible for education and training of the barristers. They are also responsible for rules of practice and set the Code of Conduct for the barristers. The Senate of the Inns of Court can disbar a practicing barrister as punishment. The Bar Council also represents the interests of all of the barristers in discussions with government. It is also partly a trade union in that respect.
When a barrister receives a complaint, it is dealt with by Bar Standards Board, the Council of the Inns of Court or the Legal Ombudsman. Barristers can be sued for negligence but not really under breach of contract as they have not entered into any sort of deal with the client. However, they could be suspended and not allowed to practice for a short time and the Senate can disbar a barrister from practicing entirely.
These are the people who stand forward in court and represent the defendants and prosecution cases in Crown Court and beyond. They have the rights to audience and are experts in advocacy. A defendant will not speak in court but be represented by their barrister. The barrister will never meet with the client but will liase through their solicitor. There are roughly about 15-16,000 barristers practicing in the legal system (2015 figures). They work within the CPS and private firms in criminal law, but also for local government or the civil service.
To qualify as a barrister, you can follow the traditional method of receiving a law degree followed by a Membership at an Inn of Court. You must be a member of one of the four Inns of Court: Lincoln's Inn, Inner Temple, Middle Temple and Gray's Inn. They all are situated near the Royal Courts of Justice in London. After the degree, students must complete a one year Bar Professional Training Course (it can be done in two years part time also). On this course they will study a variety of skills, including case preparation, legal research, written skills and advocacy. They study specific areas relevant to their litigation, such as the law of evidence. Then they are called to the Bar. This means that they are qualified as a barrister. They then need to acquire a pupillage where they have on the job training. They shadow a barrister and learn from them as they go about their work. The pupillage consists of two sessions of 6 months. A trainee can spend that time with one pupil master or between two. The Bar Council organize ongoing training that barristers must take part in. After six months, the trainee barristers are able to conduct their own cases and appear in court.
Barristers are self-employed. They usually work from a set of chambers where they share administrative expenses with other barristers. A chambers may contain 20 to 25 barristers. A clerk will be employed to administrate organizing cases and booking appointments. A barrister could work from home, but to build a successful practice, it is usually more helpful to have chambers and be present. Barristers mostly dealing with advocacy, but can also specialise in areas of tax and company law. A barrister has rights of audience in all of England and Wales. Even those who specialize in advocacy will do a certain amount of paperwork writing opinions of cases, giving advice and drafting documents for use in court.
Previously, clients were not allowed to talk to their barristers at all. They were not allowed to communicate with them or have direct access and a solicitor would have to relay between the client and the barrister. The rules have been relaxed and now individuals can talk their barrister and avoid solicitor costs as well as the costs of a barrister. However, in criminal cases there still is no direct access.
Barristers operate on a cab rank rule; when a taxi has a job, it goes to the back of the queue and waits its turn. The barristers work just like this so that everyone gets a fair amount of work in the chambers. They cannot generally turn down a case that is on the area of law that they deal with. If a client approaches a barrister directly, then the cab rank rule does not apply. Barristers can turn down cases that are not in their area or about services which they cannot provide.
The employed Bar includes barristers working for the CPS and have full rights of audience to advocate in all courts in England and Wales. After ten years experience as a barrister or a solicitor with an advocacy qualification, they can apply to the Lord Chancellor to become Queen's Counsel (QC). 10% roughly of barristers and it is known as 'taking silk'. QCs deal with complicated and high-profile cases. They do command higher fees for their expertise and often a QC will have a junior barrister to assist with the case.
The Bar Council is the governing body of barristers and it is run by elected officials, similarly to the Law Society. they are responsible for education and training of the barristers. They are also responsible for rules of practice and set the Code of Conduct for the barristers. The Senate of the Inns of Court can disbar a practicing barrister as punishment. The Bar Council also represents the interests of all of the barristers in discussions with government. It is also partly a trade union in that respect.
When a barrister receives a complaint, it is dealt with by Bar Standards Board, the Council of the Inns of Court or the Legal Ombudsman. Barristers can be sued for negligence but not really under breach of contract as they have not entered into any sort of deal with the client. However, they could be suspended and not allowed to practice for a short time and the Senate can disbar a barrister from practicing entirely.
Legal Executives
These are people who work in solicitors firms as assistants. They are qualified lawyers who have passed the Institute of Legal Executives' Professional Qualification in Law. Legal executives specialize in a particular area of law and assist in cases. There are roughly about 22,000 practicing right now. To qualify, they need to pass a Professional Diploma in Law and then the Professional Higher Diploma in Law. This can be achieved by a mixed assessment route or an examination route. The former is by portfolio, case studies and an examination at the end of the course that covers the English Legal System and essential elements required for law and practice. The examination route consists of four exam papers taken over a two-year period. These will cover English Legal System, Land Law, Criminal Law, Tort Law. They also study Consumer Law, Employment Law, Family Law, Wills and Succession in the second year. They would also have an exam on practice and procedures.
The PHDL in Law is at degree level; students have a choice of areas to study and in each area they learn practical skills to work in that area. Once all this has been completed, they then have to work in a solicitors' firm for at least five years. When they have all of these qualifications and the time worked, then they will become a Fellow of the Institute of Legal Executives. They can then go on to become a solicitor. They would have to pass the Law Society's Legal Practice Course by may be exempted from a two-year training contract because of all the experience they had achieved.
Legal Executives specialize in an area of law and work in that field. Their work is similar to that of a solicitor on the day-to-day basis, but they usually work in cases that are simpler. They could do a range of work, such as handling various legal aspects of property transfer, assist in formation of a company, drafting wills, advising people with their matrimonial problems or advising clients accused of serious or petty crimes. They can do work within different areas of law across the English Legal System.
Legal Executives has some rights of audience. This means that they could stand up and speak in court and be heard by a judge. They can make applications where cases are not defended in family matters and in civil cases in the Magistrates' Court and County Court. Legal Executives are fee earners. This means that when they work for a firm of solicitors, their work is charged at an hourly rate directly to the clients. The Legal Executives makes a direct contribution to the firm. Partners are responsible for legal executive's work.
These are people who work in solicitors firms as assistants. They are qualified lawyers who have passed the Institute of Legal Executives' Professional Qualification in Law. Legal executives specialize in a particular area of law and assist in cases. There are roughly about 22,000 practicing right now. To qualify, they need to pass a Professional Diploma in Law and then the Professional Higher Diploma in Law. This can be achieved by a mixed assessment route or an examination route. The former is by portfolio, case studies and an examination at the end of the course that covers the English Legal System and essential elements required for law and practice. The examination route consists of four exam papers taken over a two-year period. These will cover English Legal System, Land Law, Criminal Law, Tort Law. They also study Consumer Law, Employment Law, Family Law, Wills and Succession in the second year. They would also have an exam on practice and procedures.
The PHDL in Law is at degree level; students have a choice of areas to study and in each area they learn practical skills to work in that area. Once all this has been completed, they then have to work in a solicitors' firm for at least five years. When they have all of these qualifications and the time worked, then they will become a Fellow of the Institute of Legal Executives. They can then go on to become a solicitor. They would have to pass the Law Society's Legal Practice Course by may be exempted from a two-year training contract because of all the experience they had achieved.
Legal Executives specialize in an area of law and work in that field. Their work is similar to that of a solicitor on the day-to-day basis, but they usually work in cases that are simpler. They could do a range of work, such as handling various legal aspects of property transfer, assist in formation of a company, drafting wills, advising people with their matrimonial problems or advising clients accused of serious or petty crimes. They can do work within different areas of law across the English Legal System.
Legal Executives has some rights of audience. This means that they could stand up and speak in court and be heard by a judge. They can make applications where cases are not defended in family matters and in civil cases in the Magistrates' Court and County Court. Legal Executives are fee earners. This means that when they work for a firm of solicitors, their work is charged at an hourly rate directly to the clients. The Legal Executives makes a direct contribution to the firm. Partners are responsible for legal executive's work.
Paralegals
These are people who
These are people who