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Barristers and solicitors (training, role & work) 2013

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  • 1. The Legal ProfessionPart One:Training & Work
  • 2. If this is the answer, what is the question?£65,000Estimated cost of training tobe a lawyer in England andWales!
  • 3. Training to be a Barrister or Solicitor:The Academic StageThis must include seven key areasto be a “qualifying law degree”** Otherwise you might have to do more courses!Qualifying Law Degree Non-law degreeThe seven areas are:CPE/GDLContractTortCriminalPublicEquities and trustsLandEuropean union
  • 4. Join an Inn1 of 4, one offPayment£4m scholarshipsQualifying sessions12 sessions:Lectures, dining, education days, advocacyweekends.Bar Practice Training Course(BPTC)Taken over one year (FT) or two years (PT)Often self-funded… costing over £9,500 per yearFocuses on the skills needed e.g. drafting andwriting opinions, advocacy, civil and criminallitigation etc.Register with SRALegal Practice Course (LPC)Taken over one year (FT) or two years (PT)Often funded by the training contractprovider, however this means that you haveto work for them for a while.Costs… around £15,000 a year.Solicitors BarristersCompulsory Core Skills ElectiveBusiness law& practiceProperty law& practiceAdvocacyAccountProfessionalconductProbateEU/HRInterviewing& advisingLegalresearchWriting &drafting3 from arange!Called to the BarTraining to be a Barrister or Solicitor:The Vocational Stage
  • 5. Let’s get a little more practical…SolicitorsTraining ContractTwo Years FTApply as early aspossible!(2nd year of undergraduate!)Vacation schemesYou will actually getpaid!£18,590/ £16,650Can go to a• ‘magic circle’ firm,• large multinational,• local solicitor’s firm• local government• CPS etc.At least 3 areas ofEnglish LawContentious andnon-contentious lawProfessional Skills Course (Your TC provider must give you the time off and pay for it!)
  • 6. Let’s get a little more practical…BarristersPupillageDivided into twosixth monthperiods(known as ‘sixes’)First SixNon-Practising•Observation;• Shadowing;• Drafting opinions;• Observing incourt etc.Pupilsupervisor(used to be pupilmaster)Paid!Minimum of £12,000per sixCan be:• at theindependent bar(‘in chambers’)• CPS etc.Second Six:Can practice/ takeinstructionProvisional Practice CertificateEnd of first six…Once completed the compulsory:Advocacy training coursePractice management course
  • 7. Entry onto the RollAssistantSolicitorTenancy
  • 8. Does the current system work?How effective is the current system?Point Explanation HoweverToo many peopleare allowed onthe LPC/BTPCNot enoughfundingCostsOutdatedrecruitmentideasNot enoughpractical trainingShould be more„fusion‟ betweenthe lawyers intraining.The introductionof the aptitudetest is a positivemove forward.Need somehelp? Hit theboard!In 2011, 2,865 people completed the BTPC, butonly 436 obtained pupillage, and the numbersare similar for the LPC. It is unfair to allow somany on the course, when there is no job , oreven a chance of one at the end of it.Why should people have to make the decision atthe age of 22? Many of the skills overlap and itprevents the evolution of the roles of lawyers. Iftheir work is fusing why shouldn‟t the training?The Inns provide over £4 million ofscholarships annually and many TC providerspay the fees for their future trainees.It allows only the most suitable students to beaccepted, and prevents the high number ofpeople who never obtain pupillageThe dinners allow students to make workingcontacts and relationships, which they may nototherwise be able to make, and are important tothe self-employed Bar.It assess potential, not ability and is alsonot used for solicitors, so seems unfair andmakes barristers seem like the elite.The trainee can spend 4 or 5 years studying thelaw, and the theory of practicing it, but only 6months before they begin the actual practice ofthe law
  • 9. Can you figure out the words?... And for a lollipop, can you spot the odd one out and explain why?
  • 10. What’s the difference between barristers andsolicitors?
  • 11. Magic Circle1. Allen & Overy2. Clifford Chance3. Freshfields Bruckhaus Deringer4. Linklaters5. Slaughter and MayLocal FirmBuying and selling houses, wills,divorce, advising rights, injurycompensation, work disputes,criminal etc.Probate EmployedSolicitorBy local government, CPS orthe GLS. As well asprosecuting people, this couldinclude advising on legislationand services to the public e.g.Construction.Preparing instructionsCoveyancingCommercialLitigation &AdvocacyThis means that you mightwork within a large company,dealing with in-house legalmattersRepresenting clients incourt, tribunals,negotiations orarbitration.Preparing the case or aquestion of law to go toa BarristerDeal with clients
  • 12. Rights of AudienceFull rights in the following:TribunalsCoroners courtsMagistrates’ courtsCounty courtsEuropean courtsA right of audience means the right to appear before and address a court,including the right to call and examine witnessesSolicitors may also obtain rights ofaudience in the higher courts:the Crown Courtthe High Courtthe Court of Appealthe House of LordsMeans thatthey can offera completeservice to theclient, frompreparation topresentationRecent Change!Solicitors Higher Rights ofAudience Regulations 2010(from 1/4/2010)Apply for Higher Courts (Civil Advocacy)and/or Higher Courts (CriminalAdvocacy).Removes the experience requirement – justhave to meet the skill level.Also applies to barristers transferringprofessionsAO2 Point:Should Solicitors have fewer rights ofaudience than barristers?
  • 13. Term ExplanationMagic circleHigh streetsolicitors’ firmProbateEmployed solicitorPreparinginstructionsConveyencingCommercial firmsAdvocacyRights of AudienceSolicitorAdvocatesMixed practiceConsolidationIn your handouts, using your ownunderstanding, define the terms!Developing Your AO2...Describe the work done by a solicitor using at least fiveof the terms above.Aiming for the top... Refer to at least one recent development in this area.What do you think the key skills of a successfulsolicitor?
  • 14. IndependentBarristersChambersEmployedBarristerInstructing a barristerType of WorkSelf EmployedAbout 20% of them are employedWorking for an employer inindustry, the Government or eventhe CPSA group ofbarristers – theytend to bespecialists in thesame areaBarristers providespecialist legaladvice andrepresent theirclients in courts andtribunalsGenerally bysolicitorsBar Direct (limited tocertain professions,becuase they arealready experts)Direct Access from2003 (but not incriminal or family)Cab Rank RuleRights of AudienceAutomatic Full rights...But needs to complete training (atleast 3 years with a lawyer who hashad these rights for 6 years) to beable to exercise those rights
  • 15. Term MeaningChambersAdvocacyEmployedbarristerInstructing abarristerBar directDirect AccessCab-rank ruleQueen’s CounselConsolidationIn your handouts, using your ownunderstanding, define the terms!Developing Your AO2...What issues does the ‘self employed’ status ofbarristers raise?How have recent reforms allowed the public betteraccess to barristers?Aiming for the top... Refer to at least one recent development in this area.
  • 16. Have no direct contactwith the clientCan appear in all courts But through access schemes e.g. Bar Direct, theymay be directly approached in certain areas ofthe lawSpecialists Office work But increasingly can and do specialise e.g. largercommercial firmsDirect contact with client Cab-rank But increasingly can appear in courts on behalf ofclients and depends on their specialism, some willnot appear in courtIndividual Client based But they work together with the solicitor who isinstructing them on the case, and the chamberswho receive the workAppear in lower court General Practice But they can avoid this through selection etc.Work in firms Advocate But solicitors may obtain higher rights ofaudience and barristers must qualify for themComparing Professions...Can you match up the points?Have no direct contactwith the clientCan appear in all courts But through access schemes e.g. Bar Direct, theymay be directly approached in certain areas ofthe lawSpecialists Office work But increasingly can and do specialise e.g. largercommercial firmsDirect contact with client Cab-rank But increasingly can appear in courts on behalf ofclients and depends on their specialism, some willnot appear in courtIndividual Client based But they work together with the solicitor who isinstructing them on the case, and the chamberswho receive the workAppear in lower court General Practice But they can avoid this through selection etc.Work in firms Advocate But solicitors may obtain higher rights ofaudience and barristers must qualify for them
  • 17. Can you find someone who…?1. Can tell you the numberof dinners a traineebarrister should attend2. Can tell you what thevocational stage of trainingto be a solicitor is called.3. Can name four of thekey legal topics which mustbe covered on law degree.4. Can name two of theInns of Court5. Can tell you whathappens on the first six.6. Can tell you how manyareas of law a traineesolicitor must haveexperience of practicing.7. Can tell you theorganisation a traineesolicitor must join.8. Can tell you what GDLstands for.9. Can tell you two thingscovered on the barrister‟svocational training.10. Can identify what atrainee barrister mustobtain at the end of hisfirst six.11. Can tell you threeplaces that a solicitor maycomplete their trainingcontract.12. Can tell you both theminimum wage for atrainee barrister andsolicitor.
  • 18. Can you find someone who…?1. Can tell you the numberof dinners a traineebarrister should attend122. Can tell you what thevocational stage of trainingto be a solicitor is called.Legal PracticeCourse3. Can name four of thekey legal topics which mustbe covered on law degree.Criminal; Contract; TortEquity; EU; Property;Public4. Can name two of theInns of CourtGray‟s; Innrer; Middle;Lincoln‟s5. Can tell you whathappens on the first six.Work shadows their pupilsupervisor in court, andother situations, and maydraft documents.6. Can tell you how manyareas of law a traineesolicitor must haveexperience of practicing.Three7. Can tell you theorganisation a traineesolicitor must join.Law Society8. Can tell you what GDLstands for.Graduate Diplomain law9. Can tell you two thingscovered on the barrister‟svocational training.Case preparation; legalresearch; drafting; opinionwriting; advocacy; criminaland civil litigation etc.10. Can identify what atrainee barrister mustobtain at the end of hisfirst six.Provisional PracticeCertificate.11. Can tell you threeplaces that a solicitor maycomplete their trainingcontract.CPS; Army; GovernmentLegal Service; ABS; In-house lawyer etc.12. Can tell you both theminimum wage for atrainee barrister andsolicitor.£12,000/£16650
  • 19. Should the two professions be more closely linked?
  • 20. Legal Profession:Complaints & Reform
  • 21. Introduction:What would you like to complain about?Generally, there are fourreasons you mightcomplain:The service you have received(this may include the bill forsolicitors)Breach of contractProfessional misconductNegligence
  • 22. Complaint One:ContractualIn instructing a solicitor you enteringa contractWhy is this so important?If you don’t pay... they can sue you forthemButYou may also have the right to take actionfor breach of contract whether you arethe client, or are affected by the actionsof the solicitorGriffiths vDawson (1993)White vJones (1995)Because a member of the publicdoes not ordinarily instruct abarrister, there is nocontract between the client andthe lawyer.Who should you complain to?
  • 23. NegligenceYou have to prove that you were owed a duty of reasonable care and skill, that theduty has been breached and that you have suffered loss and damage as a result.Hall v Simon 2000Examples:Missed time limitsIncorrect adviceWrong drafting of documentsInadequate service or bad adviceSolicitors BarristersSaif Ali v Sydney MitchellCo 1980
  • 24. “Service Given”Legal Services Act 2007Student Task:Read the enclosed articles, the leaflet andanswer the following questions in asmuch detail as you can.1. Who now oversees complaints aboutlawyers?2. Who should you complain to firstbefore going to the ombudsman?3. What are the time limits on making acomplaint?4. What type of thing can you complainabout?5. What sort of thing can’t you complainto them about?6. What are their powers?
  • 25. What’s wrong? What’s right?Are each of the followingstatements true or false?Bonus: Can you tell me what the falseones should say? You can only sue for breach of contract ifyou signed the contract. The case which held that barristers are liablefor a bad job in court is Hall v Simon.For negligence, the lawyer has to have donesomething wrong. A barrister can be sued for breach ofcontractThere are four ways to complain aboutlawyers.
  • 26. Starter:Lollipop ChallengeCut up the squares, and reassemble them to create a fourby three grid!
  • 27. Professional MisconductFor solicitors, this means abreach of the ‘principles’...For barristers, this means abreach of the code of conductFirstly:What kind of thing do you think iscovered by this?Secondly:Please note that you can follow theseroutes even if the lawyer is not yoursThirdly:There is a different route dependingon the type of lawyer you are (and youneed to know both!)
  • 28. Solicitors1. Always start bycomplainingto....2. Complete theform.. Withevidence etc.3. You may neverhear anythingmore!Refer to the Solicitors Disciplinary Tribunal(Mix of lay and experienced solicitors)Take actions against the individual or firm (includingshutting it down!)Make payments if lost out due to dishonesty
  • 29. Barristers1. Contact themwithin 12 months2. Complete thecomplaints form!3. They assess it,and let you knowwhat they think.4. If necessary, willcarry out aformalinvestigationCouncil of Inns of CourtMembers including barristers,judges and at least one lay memberThree or five members
  • 30. Representative Societies?Thinking (AO2):Why do you think that it was unfair that they used to be responsible for regulatingtheir members?
  • 31. Problems:Your Great Aunt Betty has died. You were told that she had left you her house, and have a letterwhich she sent to her solicitors saying this, but her will was not updated.Do you have an action?You were involved in a nasty car accident. You instructed your solicitor to take action, and theysaid that they would with a maximum fee of £2000. However, they have sent you a bill for£10,000 for work done.Do you have an action?You discover that the barrister who accepted instructions has no experience in this complicatedarea of the law and is unfamiliar with it. You have lost your case.Do you have an action?Your solicitor has asked a barrister for advice on the possible submission of key evidence in yourclaim. The barrister concluded that it was not valid. You have lost the case, but discovered thatthe evidence was legally vaild.Do you have an action?
  • 32. Legal Services Act 2007 & reform of the lawClementi ReviewLegal Services Act 2007Student TaskAnswer the following questions usingthe articles at the back of your pack.What is meant by ‘Tesco law’?What are the arguments for and againstthe changes to the law?Aim for three for each side
  • 33. New, independent bodyresponsible foroverseeing theregulation of lawyers inEngland and WalesBoard of 8 membersmost of whom are nonlawyers.So what’s happened?Legal ServicesBoardCreated and overseenby the Office for LegalComplaints and hascome into effect from6th October 2011Investigates allcomplaints aboutlawyers.Chairman & 6 memberswho are non-lawyersLegalOmbudsmanAllows lawyers and non-lawyers to set upbusinesses together.‘Tesco law’Licence given out by BSB orSRA, and recommended toLord ChancellorWill replace LegalDisciplinary Practices (LDP)(not in effect yet!)Alternative BusinessStructures
  • 34. Plenary:You have eight minutes. Plan your response tothe following question.“Describe the process of complaining about abarrister and solicitor *18+”
  • 35. Five minutes. FiveQuestions.How many can you answer?1. Can you name at least five of the core topicswhich must be covered in the academic stage?2. Can you name one difference between atraining contract and pupilage?3. Can you identify one recent change to improvetraining to be a lawyer?4. Can you explain identify the differencebetween the initial rights of audience for abarrister and a solicitor.5. Can you explain what an ‘instruction’ is and whya solicitor may want to prepare one.Plenary: