Part I - Preliminary
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A Career at the Commercial Bar “…A Career Like No Other with Opportunities Like No Other …”
A CAREER AT THE COMMERCIAL BAR “…a career like no other with opportunities like no other …” 2 A CAREER AT THE COMMERCIAL BAR What is the Commercial Bar? 5 Why should you choose a career 6 at the Commercial Bar? Myths about the Commercial Bar 8 How to qualify as a barrister at the 12 Commercial Bar Useful websites 19 3 “…the front line of advocacy …” 4 WHAT IS THE COMMERCIAL BAR? he independent Bar is a law in which commercial issues arise, specialist referral profession including public law, professional Toffering expert legal advice and negligence, intellectual property, advocacy. Barristers practising at media and entertainment law and the independent Bar are self- construction. Individuals may employed but (in most cases) group specialise in particular areas within together into sets of chambers for the broad field of commercial law, and the purpose of sharing premises and specialism tends to increase other overheads. with seniority. As the law has become more complex, members of the Bar have ‘Commercial law is perhaps tended to specialise in particular areas and to form Specialist Bar best summed up as the law Associations (SBAs), of which COMBAR which applies to business is one. COMBAR now has over 1,200 members with 36 member sets of and financial disputes.’ chambers and individual members from 21 sets across London, Liverpool, Commercial barristers are usually Manchester, Birmingham, Bristol instructed by solicitors rather than and Devon. by a client directly; the services they provide fall into two main areas. First, The members of COMBAR practise and most importantly, a barrister commercial law, which is a broad is a specialist advocate who will term encompassing a wide range of present the client’s case in court. -
The State of Legal Services 2020 Evidence Compendium
Evidence Compendium THE STATE OF LEGAL SERVICES 2020 CONTENTS 1. Framework and data sources 4 Our approach 5 Data sources 6 2. Environmental context and drivers of change 8 Data from LSB’s Covid-19 dashboard 12 3. Access to legal services for all 14 Summary 15 Snapshot of legal needs 16 Unmet need and barriers to access 19 Legal capability 22 Advice seeking 24 Perceived accessibility of the justice system 26 Paying for legal services 30 Public funding and health of the third sector 33 4. Competition working for consumers 40 Summary 41 Shopping around on price and quality 42 Comparison tools 48 Price competition 49 Levels of innovation and technology adoption 53 Unregulated market 58 The State of Legal Services 2020 § Evidence Compendium § 3 5. Regulation that commands public and professional confidence 62 Summary 63 Quality of legal services 64 Seeking redress 70 Professional conduct 75 Perceptions of legal professionals 82 Regulation: awareness and general public confidence 84 Confidence in the legal system 85 Independence of the legal system 88 6. A diverse and inclusive profession 92 Summary 93 Introduction 94 Availability of data 95 Protected characteristics 96 Socio-economic background 108 Mental health and wellbeing 113 Diversity of judiciary 115 7. A successful and sustainable profession 118 Summary 119 Snapshot of sector 120 Alternative business structures and external investment 123 Economic health of sector 125 The impact of Covid-19 127 Legal aid sector 130 Cost of regulation 132 International standing of jurisdiction 136 8. Endnotes 140 1. FRAMEWORK AND DATA SOURCES The State of Legal Services 2020 § Evidence Compendium § 5 Our approach 1. -
Career Options with Your LLM
Career Options with your LLM Introduction Every student will have individual reasons for undertaking the LLM qualification. These may include enhancing or broadening career opportunities or adding value and depth to their CV. This leaflet aims to outline the main job opportunities open to LLM students, provide information on how to research opportunities and signpost further support. What skills does an LLM develop? As well as intellectual skills and professional expertise in a specialist area of law (e.g. Maritime, International Commercial Law) the LLM course also enables you to develop a range of transferable skills which are useful in whatever career path you choose to pursue. These include legal research and writing, analysis, critical evaluation and logical thinking as well as written and verbal communication. What types of careers can LLM graduates consider? UK Legal Market As every student has a different background and experience there is no single route to qualifying or working in the UK legal market. You will have to research the routes available and determine which of these is relevant and appropriate for you. Solicitor Qualifying as a solicitor currently requires completing a Legal Practice Course (LPC) followed by a two-year Training Contract. Depending on your previous experience and qualifications, you may have to complete a conversion course known as a Graduate Diploma in Law (GDL) before undertaking the LPC. However, you should note that the GDL and LPC will be replaced by a super-exam, the Solicitors Qualifying Examination (SQE), due to be introduced in 2020. The SQE will introduce a more flexible approach to work-based experience and will no longer require students to sign up for the GDL or LPC. -
Solicitor Not on the Record
Solicitor not on the record Purpose: To provide assistance to barristers who find out that their solicitor is not on the court record Scope of application: All practising barristers Issued by: The Ethics Committee Issued: April 2019 Last reviewed: May 2020 Status and effect: Please see the notice at end of this document. This is not “guidance” for the purposes of the BSB Handbook I6.4. Issue: a barrister is instructed by an instructing solicitor to represent a lay client at a hearing. The barrister is told or finds out that the solicitor is not on the court record. What should the barrister do? Answer: nothing. 1. A barrister can provide reserved legal activities (including advocacy at court) if s/he is instructed by a professional client, a licensed access client or a public access client. There is nothing in the BSB Handbook or the Legal Services Act which requires that the person instructing the barrister to attend court must have conduct of the litigation. 2. Indeed, it is axiomatic that when a barrister is instructed by a licensed access client, the licence holder will not have conduct of the litigation. The same applies in a public access case when the barrister is instructed by an intermediary. 3. The Law Society recognises that solicitors may act for a client on a limited retainer. This is called ‘unbundling’. It is usually so that the client can save money. The Law Society guidance1 says: ‘The essence of unbundling in its purest form is that 1 At the time of review in May 2020, the Law Society guidance was awaiting updating to reflect the replacement of the SRA Handbook (version 21) by the SRA Standards and Regulations on, and with effect, from 25th November 2019. -
Appellants) V Legal Services Board (Respondent
Trinity Term [2015] UKSC 41 On appeal from: [2014] EWCA Civ 1276 JUDGMENT R (on the application of Lumsdon and others) (Appellants) v Legal Services Board (Respondent) before Lord Neuberger, President Lady Hale, Deputy President Lord Clarke Lord Reed Lord Toulson JUDGMENT GIVEN ON 24 June 2015 Heard on 16 March 2015 Appellants Respondent Tom de la Mare QC Nigel Giffin QC Mark Trafford QC Martin Chamberlain QC Tom Richards Jana Sadler-Forster (Instructed by Baker & (Instructed by Fieldfisher) McKenzie LLP) Intervener (Bar Standards Board) Timothy Dutton QC Tetyana Nesterchuk (Instructed by Bevan Brittan LLP) Page 2 LORD REED AND LORD TOULSON: (with whom Lord Neuberger, Lady Hale and Lord Clarke agree) 1. The Legal Services Board (“the Board”) was established by the Legal Services Act 2007 (“the 2007 Act”). It exercises supervisory functions in relation to approved regulators of persons carrying on legal activities, including the Bar Standards Board (“BSB”), the Solicitors Regulation Authority (“SRA”) and the ILEX Professional Standards Board (“IPS”). 2. This appeal concerns the lawfulness of the Board’s decision on 26 July 2013 to grant a joint application by the BSB, SRA and IPS for approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates (“the scheme”), which provides for the assessment of the performance of criminal advocates in England and Wales by judges. 3. The appellants are barristers practising criminal law. They seek judicial review of the decision on a variety of grounds, all of which were rejected by the Divisional Court and the Court of Appeal: [2014] EWHC 28 (Admin) and [2014] EWCA Civ 1276 respectively. -
Barriers to the Legal Profession
Barriers to the legal profession Rosaline Sullivan July 2010 1 Introduction “Increasingly, children‟s success at school determines their success as adults, determining whether and where they go to college (university), what profession they enter, and how much they are paid” (Buckham and Lee, 2002). The provision of legal services at the highest levels and in the most prestigious firms is dominated by white, male lawyers from the highest socio-economic groups. Our belief is that such an outcome does not occur as a result of overt discrimination but instead barriers to entry and progression occur over the lifetime of individuals seeking a career in law from initial education, to training, to gaining experience within a law firm. This paper explores each stage that an individual follows in pursuing a career in law and the evidence that can help explain the socio-economic characteristics of lawyers we see in England and Wales. Overall purpose of research The Legal Services Board (LSB) has been formed to reform and modernise the regulation of the legal services market place in the interests of consumers. One focus of the LSB‟s first year was on “promoting access to a diverse profession”. In 2010/11 the LSB extends this area of focus to “developing a workforce for a changing market”, enabling us to consider more widely what consumers and procurers of legal services need, want and should be able to expect from the legal workforce. Promoting a legal workforce that is open to the widest pool of talent is recognised across the sector and government as a priority area. -
CPS Advocate Panel Scheme 2016 – 2020
CPS Advocate Panel Scheme 2016 – 2020 CROWN PROSECUTION SERVICE – ADVOCATE PANEL SCHEME 2016 - 2020 DETAILS OF THE SCHEME – GENERAL CRIME AND THE RAPE AND CHILD SEXUAL ABUSE LIST (‘the RAPE List’) (UPDATED JULY 2019) Background 1. The CPS Advocate Panel (‘the 2012 Panel’) came into effect in February 2012 and the central Specialist Panels followed in April 2013. 2. The CPS Advocate Panel arrangements established a time limited list of quality assured advocates to undertake criminal prosecution advocacy for CPS in the Crown Court and Higher Courts. 3. The 2016 Panel will operate from 2016 to 2020. This document describes the aims and purpose of the 2016 Panel. 4. In addition to the General Crime and the Rape and Child Sexual Abuse List (‘Rape List’), the CPS has separate arrangements relating to the central Specialist Panels, which run from 2018 to 2022 and relate to the following areas of casework: • Counter Terrorism Panel • Extradition Panel • Fraud Panel (including fiscal fraud) • Serious Crime Group Panel • Proceeds of Crime Panel Aim 5. The aim of the Panel arrangements is to appoint advocates who have met the selection criteria and have relevant, up to date skills and experience. Any advocate appointed must be able to deliver high quality prosecution advocacy services and have a commitment to meet the aims and objectives of the CPS. 6. The CPS requires that all prosecution advocates provide advocacy services of the highest quality. This extends beyond technical ability and includes attitudes and behaviours. All advocates instructed by the CPS, whether in-house or external, will be expected to behave in accordance with published CPS values, which are: To be independent and fair a. -
The Inns of Court and the Impact on the Legal Profession in England
SMU Law Review Volume 4 Issue 4 Article 2 1950 The Inns of Court and the Impact on the Legal Profession in England David Maxwell-Fyfe Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation David Maxwell-Fyfe, The Inns of Court and the Impact on the Legal Profession in England, 4 SW L.J. 391 (1950) https://scholar.smu.edu/smulr/vol4/iss4/2 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. 19501 THE INNS OF COURT THE INNS OF COURT AND THE IMPACT ON THE LEGAL PROFESSION IN ENGLAND The Rt. Hon. Sir David Maxwell-Fyfe, K.C., M.P., London, England A TTHE present day there are many eminent lawyers who have received a part, perhaps the greater part, of their legal grounding at Oxford or Cambridge or other universities, but there was a time when no legal teaching of any consequence, except in Canon and Roman law, was obtainable anywhere outside the Inns of Court. Sir Wm. Blackstone called them "Our Judicial Univer- sity." In them were taught and trained the barristers and the judges who molded and developed the common law and the principles of equity. The Inns were not in earlier times, as they are now, inhabited merely during the daytime by lawyers and students who dispersed in all directions to their homes every night. -
Organisation and Development of the the Ability of the Bar and Judiciary to Uphold the Rights of Both the Citizen and the State
Organisation and Development of the Legal Profession in Africa, in particular the ability of the Bar and judiciary to uphold the rights of both the citizen and the state His Hon.Judge T O. Elias'*' By way of a Preface to the present study on the legal profession in Commonwealth Africa, I a brief reference should be made to some of the less well-known contributions made by Lord Denning to the expansion of the frontiers of English law in this field. I wish to recall that I first sat under the Chairmanship of Lord Denning in the Committee on Legal Development in the Colonies, under the auspices of the House of Commons, in 1954; I was later honoured by an invitation of the Chief Justice of Trinidad and Tobago to give a Commonwealth Lecture series there in the footsteps of Lord Denning who had, a few years earlier, given a similar, but no doubt more authoritative, series oflectures on the Common Law in Trinidad and Tobago; and at the Commonwealth Magistrates Association Conference at Kuala Lumpur I was to have given one of the keynote addresses under Lord Denning's Chairmanship, but the second coup d'etat in Nigeria, in July 1975, prevented me from leaving Lagos to attend the Conference. I should also recall the two notable occasions when Lord Denning came to Nigeria: once to participate in the Constitution-making Conference on the eve of independence, and again, in 1974, when, accompanied by Lord Elwyn-Jones the then Lord Chancellor of Great Britain, Lord Denning sat with my colleagues and me, as Chief Justice, in the Supreme Court of Nigeria to hear an appeal case. -
A Basic Guide to the Court of Protection
A basic guide to the Court of Protection Contents Who is this guide for? ................................................................................................................ 2 Who wrote this guide? .............................................................................................................. 2 What is the Court of Protection? .............................................................................................. 3 What can the Court of Protection do? ..................................................................................... 3 What is the law that applies to the Court of Protection? ....................................................... 4 Do all decisions for people who lack capacity have to be made by the Court? .................... 5 What does the Court have to do with deprivation of liberty? ................................................ 6 How does the Court decide what to do? ................................................................................. 7 How will my case be dealt with? .............................................................................................. 8 How will P take part? ................................................................................................................ 9 Who is the Official Solicitor? ................................................................................................... 10 Do I need to be a party? ........................................................................................................... 11 -
(JUDICIAL DEPARTMENT) Complaint No. 01 Of
Form No: HCJD/C-121 ORDER SHEET IN THE ISLAMABAD HIGH COURT, ISLAMABAD (JUDICIAL DEPARTMENT) Complaint No. 01 of 2021 The Registrar, Islamabad High Court, Islamabad Vs. Naseer Ahmed Kayani Advocate and others S. No. of Date of order/ Order with signature of Judge and that of parties or counsel where order/ proceedings necessary. proceedings 03) 02-03-2021. M/s Rabi bin Tariq, Daniyal Hassan, Muhammad Atif and Majid Rashid Khan, State Counsels. M/s Muhammad Umair Baloch, Asif Tamboli, and Jahangir Khan Jadoon Advocates. ATHAR MINALLAH, CJ.-These proceedings have been initiated pursuant to the powers and to fulfill the requirements under section 41 read with section 54 of the Legal Practitioners and Bar Councils Act 1973 [hereinafter referred to as the “Act of 1973”], read with the Pakistan Legal Practitioners Bar and Councils Rules, 1976 [hereinafter referred to as the “Rules of 1976”] and the Islamabad Legal Practitioners and Bar Council Rules, 2017 [hereinafter referred to as the “Rules of 2017”] regarding sending complaints to the respective regulatory authorities. In compliance with the mandate of sub section (1) of section 54, notices were ordered to be served on the respondents vide order, dated 18.02.2021. Two written replies have been received. Some of the respondents are reported to have Page | 2 Complaint No. 01/2021. concealed themselves to avoid the process of law because they are nominated in the criminal case registered in relation to the storming of the Islamabad High Court. Some have been arrested and sent on judicial remand. 2. It has been reported that on the morning of 8th of February, 2021, some lawyers were protesting at the District courts against the demolition of chambers by the administration of the Islamabad Capital Territory. -
Reshaping Legal Services
Reshaping legal services A draft strategy for the sector December 2020 1 Contents The sector and our role in it ........................................................................................ 3 Our approach to the strategy ...................................................................................... 7 Priorities for the sector in 2021-24 ........................................................................... 10 Fairer outcomes…………………………………………………………………………….11 Stronger confidence………………………………………………………………………..16 Better services……………………………………………………………………………...21 2 The sector and our role in it The legal services sector The legal sector is of great public importance. People often need legal services at important or stressful moments in their lives. This might involve a major purchase, buying a home, relationship issues, resolving a dispute, getting injured, being arrested or facing deportation. The legal services sector makes a vital contribution to the UK economy. Consumer spending on legal services makes an important contribution to economic growth, but all industries, charities, local and central government, and other types of users, also rely on legal services. Legal services are integral to our way of life, protecting citizens’ rights and freedoms, and supporting people to challenge decisions made by public bodies. Critically, legal services are central to upholding the rule of law and supporting the effective administration of justice. Our legal system has global influence. English law is used as the basis for resolving disputes in large parts of the world and this jurisdiction remains a dispute resolution centre of choice. Our legal professionals’ expertise is much valued overseas, contributing strongly to exports. Other jurisdictions are taking inspiration from our regulatory model – a permissive regime allowing a range of business models and independent regulation – to liberalise their markets. Legal services are provided by a wide range of professionals and businesses, with solicitors and barristers used the most by consumers.