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Barristers & Solicitors BBaarrrriisstteerrss && SSoolliicciittoorrss:: Training, Work, Regulation & Complaints By the end of this unit you should be able to describe [AO1]: How you can become a barrister or solicitor and the work undertaken by the separate professions. How a client can complain about their solicitor and barrister When a client may take action through the court as a result of the representation The impact of the changes under the Legal Services Act 2007 You will also be able to evaluate [AO2]: The current provision and operation of the qualifications process. The effectiveness of the current provisions on complaints The proposed reforms to the legal system, including complaints, under the Legal Services Act 2007 Homework: You can complete either one of these tasks. The choice is up to you! 1. Produce a handout aimed at Y11s, advising them on the process of becoming a lawyer 2. Write a response to Jim below, advising him of the possible routes of complaints and outcomes to expect. Jim hired Sophie, a solicitor, to represent him in a personal injury case. Sophie advised him that the costs should not be more than £2,000. Jim, having being to a doctor, is told his injuries are much more straightforward, and asks Sophie to settle the case quickly. Sophie, who has already booked to go on holiday, ignores the instruction, and on returning advises Jim that a court case is still the best option, despite the other side offering £5,000. They go to trial, where Jim’s barrister, Rodney turns up late and forgets to submit the relevant medical evidence. As a result, Jim loses his case, and is ordered to pay costs of £25,000. Key Terms: Term Means Term Means Advocacy Barrister Legal Disciplinary Pupillage Practice Chambers Litigation Solicitor Bar Standards Board Legal Services Solicitor’s Regulation Ombudsman Authority Qualifying Degree in Graduate Diploma of Law Law Training to be a Barrister or Solicitor: The Academic Stage So, let’s assume you’ve done your A Levels, gotten good grades, done some work experience, maybe even completed your LNATs and University is the next stage... Stage One: To Study Law... Or Something else. To be honest, it doesn’t matter which route you take (it’s about half/half for the intake to the professions each year) However if you complete a Law Degree, it must cover certain key areas (though you’ll probably do other bits and pieces as well!). The aim is to give the person a basic body of legal knowledge. Can you find the seven key topics in the wordsearch? When do you start thinking about practicing law? What mark should you come out with? So, I do a degree in something else. What next? Well, you then complete a one year full time, or two year part-time postgraduate course, covering the key areas. It is quite intensive and as it is postgraduate, you will have to fund it if you cannot get sponsorship or a scholarship. This is known as the Graduate Diploma in Law (GDL) The average cost is . Why might a non-law degree be useful to a lawyer? Training to be a Barrister or Solicitor: The Vocational Stage This is where the routes split and you have to make a choice... The two route do not overlap, so if you start one and then change your mind and want to switch, it is very difficult! Solicitor Barrister Register as a student with the Law Society Join one of the Inns of Court All four of these are based in London, and you must attend 12 qualifying sessions during the completion of the vocational stage. What do we mean by a session? Complete the Legal Practice Course Complete the This again is a postgraduate course – either full or part Bar Practice Training Course time - which needs to be funded from somewhere! A lot of students have sponsorship from the firm that Once more, this is a postgraduate course, which can they eventually want to work for. last 1-2 years, depending on whether it is taken part or full time. This is especially true of those working for the large Because the majority of barristers are self employed, commercial firms. there are far fewer sponsorship opportunities available. However, each of the Inns has over £10 million It aims to equip students with the practical information available in sponsorship... just to help! and skills they will need when practicing as a solicitor. It can cost up to: It can cost up to: Again, the purpose is to focus on the practical skills of During the course, you must cover four areas, some advocacy, drafting opinions etc. to provide practical details of which are below: training for the next stage... Case Work Case preparation, and Compulsory Business law & practice Legal research Property law & practice Advocacy Drafting Account Written Core Opinion Writing Professional conduct Work Probate Interpersonal Interviewing clients EU/HR Negotiation and advocacy Skills Skills Interviewing & advising Legal research Legal Civil litigation and advocacy Criminal litigation and advocacy Writing & drafting Knowledge Evidence Elective 3 from a range! Professional Ethics ... 2 choices! Called to the Bar Now you may call yourself a barrister, but not provide legal services! Training to be a Barrister or Solicitor: The Practical Stage So, you’ve finally got here... although remember in reality you would have applied for this a long time before. Also, to get here you have been really stubborn, hardworking and done well. After all, only 400 pupillages exist for over 2500 applicants! Again, they are different routes depending on the role you have chosen. Solicitors Barristers Complete the Complete the Training Contract Pupillage This lasts two years, but may be reduced if you have This is the practical side of your training, under your relevant legal experience. pupil supervisor, and is divided into two distinct sections. This is the practical side of your training, and aims to enable that you gain experience of at least three First Sixth: distinctive substantive areas of English law, including both contentious and non-contentious work, which should be reviewed every 6 months by your training principal. This means: Including an Advocacy and Training Course, and ending in a Provisional Practice Certificate. Second Sixth Finally, rather than paying out... you get paid! How much will depend where you go to complete this, with a minimum of £16, 650 outside of London Where can you complete this? Complete Practice Management Course Where do these take place? The majority of these take place in Chambers which will specialise in the area of law which you want to Complete the practice. Professional Skills Course However you can also complete it with a range of Three compulsory elements: financial and business other providers e.g. Government Legal Service; CPS etc. skills; advocacy and communication; client care and professional standards ...and be paid the princely minimum of £1200 for the year! Finally... Admission to the Roll The aim is to get Tenancy What happens if you don’t get tenancy? Does it work? Evaluating the Training Process Think about what you have learnt about the current approach to training barristers and solicitors. Then add detail to the points below. This will help to develop your AO2 criticism. Point Explanation However (stretch yourself) Too many people are allowed on the LPC/BPTC Not enough funding to help with access Costs Outdated recruitment ideas Not enough practical training Should be more ‘fusion’ between the lawyers in training. Stretch and Challenge: Using your own research powers, (and maybe www.lawsociety.org.uk) discover what is meant by a Legal Executive, and find out how it is possible to train to be a lawyer without a degree. Solicitors: Work Consolidation: They are represented by the Law Society (www.lawsociety.org.uk) To show your understanding, define and explain each of the following terms: Term Explanation Magic circle High street solicitors’ firm Probate Employed solicitor Preparing instructions Conveyencing Commercial firms Advocacy Rights of Audience Solicitor Advocates Mixed practice Checking AO1: Write a paragraph below outlining the types of work done by solicitors, using at least five of the terms above. Developing AO2:What do you think the key skills of a successful solicitor? Why are have rights of audience caused so much trouble? A right of audience means the right to appear before and address a court, including the right to call and examine witnesses These rights have been the basis of a lot of argument between solicitors and barristers, as barristers have full rights of audience from qualification, whereas solicitors traditionally only could appear in the lower courts (and sometimes not even then!). So how did these rights develop? Practice Direction 1986 – Allowing solicitors to appear in the High Court to make a settlement in a settled case Courts and Legal Services Act 1990 Right to apply for a certificate of advocacy for the higher courts. Need experience of advocacy in MC and CyC, to go on a short training course and pass some examinations on the rules of evidence. 1,400 by end of 2004! Access to Justice Act 1999.s.36 Solicitors have full rights of audience, although only able to act on them if further training is undertaken and completed (oh... and the regulations haven’t been brought in yet!) Finally, the Solicitors Higher Rights of Audience Regulations 2010 (from 1/4/2010) mean that they can Apply for Higher Courts (Civil Advocacy) and/or Higher Courts (Criminal Advocacy). This removes the experience requirement – just have to meet the skill level (so even a trainee solicitor can apply). Also applies to barristers transferring professions So this means that they can obtain higher rights of audience, and become what is known as a solicitor advocate.
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