G151 English Legal System

LLEEGGAALL PPRROOFFEESSSSIIOONN::

BBAARRRRIISSTTEERRSS &&

SSOOLLIICCIITTOORRSS:: TTRRAAIINNIINNGG && WWOORRKK

BBYY TTHHEE EENNDD OOFF TTHHIISS UUNNIITT YYOOUU SSHHOOUULLDD BBEE AABBLLEE TTOO DDEESSCCRRIIBBEE [[AAOO11]]:: The process of qualifying as a barrister and solicitor Explain the work done by a solicitor Explain the role of the barrister

YYOOUU WWIILLLL AALLSSOO BBEE AABBLLEE TTOO EEVVAALLUUAATTEE [[AAOO22]]:: The current provision and operation of the qualifications process. Whether or not the profession should be more tightly ‘fused’ The most recent reforms to the qualification route.

SSOO YYOOUU WWAANNNNAA BBEE AA LLAAWWYYEERR?? If you want to explore some of the areas involved in this section (especially the qualifications section) take a look at some of the following for help and advice on qualification, as well as enhancing your knowledge for the purposes of AS Law: Barristers http://www.barcouncil.org.uk/CareersHome/ http://www.innertemple.org.uk/index.php?option=com_content&view=article&id=127&Itemid=95 http://www.middletemple.org.uk/students http://www.graysinn.info/index.php?option=com_content&task=section&id=38&Itemid=858 http://www.lincolnsinn.org.uk/index.php?option=com_content&view=article&id=63&Itemid=58

Solicitors http://www.lawsociety.org.uk/becomingasolicitor.law http://juniorlawyers.lawsociety.org.uk/node/832 http://www.venables.co.uk/studentscareers.htm

G151 English Legal System

SSttuuddeenntt TTaasskk::

The seven core areas of law,

which must be covered either

on a QDL or the GDL are hidden

in the wordsearch.

Can you find them?

SSTTAAGGEE OONNEE: the Academic Stage This is the same, no matter which profession you are thinking of!

Let’s just assume you’ve got your good A levels, in appropriate choices for the University you want to go to…

QQuueessttiioonn OOnnee:: TToo ssttuuddyy llaaww…… oorr ssoommeetthhiinngg eellssee??

Choice: Qualifying Law Degree Choice: Non-Law Degree

Then: Common Profession Examination (CPE)

aka Graduate Diploma in Law (GDL)

Time:

How does it become qualifying?

1.

2.

3.

4.

5.

6.

7.

Can you study other legal areas as well?

Time:

Why might a non-law degree be useful to a future

lawyer?

Time:

Apply for:

Covers:

1. 5.

2. 6.

3. 7.

4.

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SSTTAAGGEE TTWWOO:: The Vocational Stage

Now you have to choose! The two professions have completely different training routes… so you better be sure! Actually, there are proposal to ‘fuse’ the professions more clearly, but we are still waiting…

Solicitors: Barristers:

Register as a student with the

Solicitor’s Regulation Authority

Then going on to complete the

Legal Practice Course

Time:

Cost:

Covers?:

Join one of the:

Inns of Courts

Grays Inner Temple

Middle Temple Lincoln’s Inn

12 Qualifying Sessions:

Includes:

Take the

Bar Aptitude Test

Then going on to complete the

Bar Practice Training Course

Time:

Cost:

Covers?:

Called to the Bar…

What issues can you spot with the training process so

far?

Developing AO2

Issue Because Suggestion

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SSTTAAGGEE TTHHRREEEE:: The Practical or Apprenticeship Stage

Finally! The time has come for a little practical training. However, these are quite difficult to obtain. The competition to get either a training contract or pupillage is very intense.

Solicitors: Barristers:

Training Contract

Time:

Cost:

Where can it take place?

When do you start applying for these?

How does it work?

Practice Certificate

Professional Skills Course

Three compulsory elements: financial and

business skills; advocacy and communication;

client care and professional standards.

Admission to the Roll

Assistant solicitor

Pupillage

Time:

Cost:

Where can it take place?

When do you start applying for these?

How does it work?

First Six:

Advocacy training Course & Practice

Management Course… and obtain provisional

practice certificate.

Second Six:

Full Qualification Certificate

Tenancy

New Practitioner Training

TTOOPP MMAARRKKSS CCHHAALLLLEENNGGEE::

You can train to become a solicitor without a degree, using something known as the ILEX

route – find out what this means, and how it differs to the traditional route.

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AO2: Developing Your Critical Commenting…

You may get a question which asks you about the advantages and disadvantages of the current routes,

Or you may be asked to assess whether the recent reforms have really made an impact on the

training Or

whether the two should be more tightly fused. Evaluation: look at the notes on the barrister and solicitor training methods, and add detail to the points below. This will help to develop your AO2 criticism: Point Explanation However Too many people are allowed on the LPC/BVC

Not enough funding

Costs

Outdated recruitment ideas

Not enough practical training

Should be more ‘fusion’ between the lawyers in training.

The introduction of the aptitude test is a positive move forward

G151 English Legal System

SSOOLLIICCIITTOORRSS:: WWOORRKK AANNDD TTRRAAIINNIINNGG..

There are about solicitors practicing in England and Wales There are two societies which look after the solicitors, and ensure that they behave appropriately:

1. ……………………………………. (www.lawsoc.org.uk), who represent the solicitors; and

2. ..................................................................................................(www.sra.org.uk) in charge of the training and discipline of the profession, and dealing with complaints, through the independent Legal Complaints Council

What kind of work do solicitors do? Term Explanation Magic circle High street solicitors firm Probate Employed solicitor Preparing instructions Conveyencing Commercial firms Advocacy Rights of Audience

WHY IS IT SO IMPORTANT THAT THEY HAVE THESE RIGHTS?

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Development of the Rights of Audience

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 [Abse v Smith] 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.

AAOO22 TTHHIINNKKIINNGG:: WWHHYY MMIIGGHHTT FFIIRRMMSS WWAANNTT SSOOLLIICCIITTOORR AADDVVOOCCAATTEESS??

A right of audience means the right to appear before and address a court, including the right to call and examine witnesses

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BBAARRRRIISSTTEERRSS AANNDD TTHHEEIIRR WWOORRKK How many barristers are there at the Bar?

Independent Barristers 1. Chambers. The most important thing to remember about Barristers is that they are - . This means that they can wait up to 18 months to be paid! They share chambers with other barristers, and elect a Head of Chambers. Over 70% of chambers are based in London although they will travel to other courts (and often do). They also have clerks, whose role is administrative and distributory. 2. Type of work

Traditionally, they focus on advocacy. This means that they represent their clients in both civil and criminal matters in all courts. Barristers can also meet with clients prior to a case to discuss details or aspects of the cases. They do also do some paperwork, such as writing opinions giving their views on certain aspects of a case e.g. the strengths and weaknesses of a case, how a complex area of law applies to a particular circumstance or whether certain piece of evidence is admissible in court or not.

Employed Barristers As with solicitors, barristers may work for government or other agencies e.g. CPS. Prior to the Access to Justice Act 1999, they could not appear in the superior courts, despite going through exactly the same training as other barristers. The Act allowed them to keep their rights of audience in the higher courts.

Instructing a barrister Traditionally, only could instruct a barrister, the public could not approach them directly. Why could this be criticised? So, the Bar changed the rules, and under a scheme called Bar Direct, certain professions could instruct a barrister directly either on their behalf or on behalf of their clients e.g. vyurssore and ttansccanuo

Then, in 2003 direct (or public) access was allowed for all individuals and businesses who wanted to instruct a barrister except for or cases. In order to accept work under public access, the barrister must fulfil certain conditions e.g. work for at least 3 years and training courses (!). Barristers do not have to accept direct access, and must take into account the interests of the client and justice in deciding whether to proceed on the grounds of public access.

This means....

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CAB-RANK RULE This means that if the barrister has the time, skills and it is reasonably paid, they must take on the job. The only exception to this is cases in which the barrister has been approach directly by the public.

Why?

QUEEN’S COUNSEL After 10 years in practice, they can apply to become a QC (aka ‘silk’). Since 1995, solicitors can also apply to become QCs (currently only 8). The rest are known as juniors (even if they are 65!). It is supposed to recognise their expertise and they will generally get more money – the average earnings are: £ , So, how do I apply? Pay money! They have to pay a fee of £2,500, if successful, as well as completing an application form noting skills, work and several referees as well as a lovely interview...

2006... 443 appointments... 175 appointed... 33 women... 10 ethnic minorities... 4 solicitors....

Generally: should be earning over £200,000 and this status can now been taken away!!!

The system has suffered a lot of criticism, and is currently undergoing a huge period of change. The system for appointing QCs was very secretive (rather like the old system for appointing judges) and involving the government, the Lord Chancellor and the Queen. Because of this, there seemed to be a huge bias in favour of white male. This then has a knock on effect on judges. Why?

TTaasskk:: rreeaadd tthhee ttwwoo eenncclloosseedd aarrttiicclleess aanndd ccoommpplleettee tthhee ffoolllloowwiinngg ttaabbllee........ Criticisms of the QC system Arguments for keeping the QC system

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Finally: What impact, if any has the new appointments system had?

So, how well have you been listening and paying attention? Complete the following boxes to illustrate key terms

Term Meaning

Chambers

Advocacy

Employed Barrister

Instructing a Barrister

Cab-rank rule

Queen’s Counsel

G151 English Legal System

CCOOMMPPAARRIINNGG BBAARRRRIISSTTEERRSS AANNDD SSOOLLIICCIITTOORRSS

Look at the following points,

Firstly allocate each of the first two columns to either barristers (B) or

solicitors (S)

Secondly, Match up the pairs and their rebuttal

FFUUSSIIOONN

Should the professions be fused? Look at each of the points below, and explain the reason for or against the fusion

Reason Good or

bad?

Why But

Duplication of work

Fees

Improve levels of

advocacy

Lowers the amount of

specialism

Second Opinion

But... is this now more of a moot argument since the Legal Services Act 2007 and the development of the LCO and

the LDP.

Have no direct contact with

the client

Can appear in all courts

But through access schemes e.g. Bar Direct, they

may be directly approached in certain areas of

the law

Specialists

Office work

But increasingly can and do specialise e.g. larger

commercial firms

Direct contact with client

Cab-rank

But increasingly can appear in courts on behalf of

clients and depends on their specialism, some

will not appear in court

Individual

Client based

But they work together with the solicitor who is

instructing them on the case, and the chambers

who receive the work

Appear in lower court

General Practice

But they can avoid this through selection etc.

Work in firms

Advocate

But higher rights of audience

G151 English Legal System

From The Times February 26, 2010

Who made it? The Queen's Counsel of England and Wales 2010 Frances Gibb Legal Editor

Champagne was on ice by lunchtime. This year’s round of successful applicants for Queen’s Counsel had by yesterday morning

received their letters or an e-mail confirmation.

In all, the Queen approved 129 QCs — see the full list below — who now join the ranks of the profession’s elite.

Far fewer lawyers apply for silk these days, not least because now that the system is independent and self-financing, there is a

hefty fee to pay. Last year’s applicants had to find £2,702.50, including VAT, and another £3,500 if successful.

In all 275 applied, so just under half succeeded. Despite efforts to improve diversity, 226 were men (of whom 108 were

successful) and 46 were women (of whom 20 were successful).

There were 35 ethnic minority applicants (17 were successful); 262 barristers (128) and three employed advocates (none

were succcessful).

The biggest disappointment remains numbers of solicitor QCs: ten applied and only one was appointed.

Professor Dame Joan Higgins, who chairs the selection panel, said that the quality was “higher than ever” and the standard for

appointment remained high.

She was encouraged, she said, that the proportion of ethnic minority candidates matched that for white applicants and that

the number of successful women applicants “remains high”.

But she added: “It is disappointing that we have not been able to recommend more solicitors or employed advocates, after the

higher number of appointments last year.”

All applicants, she said, were “assessed against a common competency framework and a common standard of excellence”. She

added: “There are no quotas and we treat all applications in the same way. I hope there will be further appointments in future

years.”

Despite the poor field from the solicitors’ branch, there will be some comfort in legal circles that the proportions being

appointed have evened out so that it is not apparently easier for women than men.

Last year only 87 of 215 men were successful compared with 16 of 29 women. This year 47.8 per cent of men and 43.5 per

cent of women were successful.

Looking back, in 1994 as many as 539 hopefuls put their hats in the ring and only 77 were lucky. Now the chances are better.

That figure remained constant until 2002 where it shot up to 113 and since, has varied between 113 and 129.

Despite Professor Higgins’ comments, the proportions of women applying must be a cause of concern. Only 16.7 per cent of

applications came from women and 3.6 per cent from solicitors. An increase in the latter, where women are better

represented, could change that.

Or it may be that advocacy, which is the mainstay of a QC’s work, is not compatible with family commitments and the need for

women, more so than men, to juggle home and careers.