Legal prof training & work 2011

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Legal prof training & work 2011

  1. 1. If this is the answer, what is the question?Write your answer on the mini-whiteboard!<br />£55,000<br />Estimated cost of training to be a lawyer in England and Wales!<br />
  2. 2. Legal Profession:Barristers and Solicitors<br />Training & Work<br />aka<br />“What do they do and how do you become one?”<br />Miss Hart <br />G151 2010-11<br />
  3. 3. So how do you start?<br />You just have to decide what to study at university!<br />Law degree<br />Non-law degree<br />This must include seven key areas to be a “qualifying law degree”*<br />* Otherwise you might have to do more courses!<br />CPE/GDL<br />The seven areas are:<br />
  4. 4. Next vocational stage…Decision time!<br />Solicitors<br />Barristers<br />Join an Inn<br />1 of 4, one off <br />Payment<br />£4m scholarships<br />Qualifying sessions<br />12 sessions:<br />Lectures, dining, education days, advocacy weekends.<br />Bar Aptitude Test<br />New invention, aimed at reducing the numbers completing the BPTC (huge gap between BPTC & numbers of pupiliages)<br />Bar Practice Training Course (BPTC)<br /><ul><li>Taken over one year (FT) or two years (PT)
  5. 5. Often self-funded… costing over £14,500 per year
  6. 6. Focuses on the skills needed e.g. drafting and writing opinions, advocacy, civil and criminal litigation etc.</li></ul>Register with SRA<br />Legal Practice Course LPC<br /><ul><li>Taken over one year (FT) or two years (PT)
  7. 7. Often funded by the training contract provider, however this means that you have to work for them for a while.
  8. 8. Costs… around £15,000 a year.</li></ul>Areas covered:<br />Called to the Bar<br />
  9. 9. Can you identify any issues so far?<br />Developing AO2<br />Issue Because Suggestion <br />
  10. 10. Starter:Which words are which?<br />Pupillage<br />Inn of court<br />LPC<br />LPC<br />Training Contract<br />Training Contract<br />Tenancy<br />Tenancy<br />Roll <br />Roll <br />
  11. 11. Let’s get a little more practical…Solicitors<br />At least 3 areas of English Law<br />Contentious and non-contentious law<br />Two Years FT<br />Training Contract<br />Can go to a <br /><ul><li> ‘magic circle’ firm,
  12. 12. large multinational,
  13. 13. local solicitor’s firm
  14. 14. local government
  15. 15. CPS etc.</li></ul>Apply as early as possible!<br />(2nd year of undergraduate!)<br />Vacation schemes<br />You will actually get paid!<br />£18,590/ £16,650<br />Professional Skills Course(Your TC provider must give you the time off and pay for it!)<br />
  16. 16. Let’s get a little more practical…Barristers<br />Divided into two sixth month periods <br />(known as ‘sixes’)<br />Pupil supervisor<br />(used to be pupil master)<br />Second Six:<br />Can practice/ take instruction<br />Paid!<br />Minimum of £5,000 per six<br />Pupillage<br />First Six<br />Non-Practising<br /><ul><li>Observation;
  17. 17. Shadowing;
  18. 18. Drafting opinions;
  19. 19. Observing in court etc. </li></ul>Can be:<br /><ul><li>at the independent bar (‘in chambers’)
  20. 20. CPSetc.</li></ul>Provisional Practice Certificate<br />End of first six…<br />Once completed the compulsory:<br />Advocacy training course<br />Practice management course<br />
  21. 21. So, you make it through all that…<br />Entry onto the Roll<br />Assistant Solicitor<br />Tenancy<br />
  22. 22. Need some help? Hit the board!<br />AO2 Developing CriticismHow effective is the current system?<br />In 2007, 1480 people completed the BTPC, but only 503 obtained pupilage, and the numbers are similar for the LPC. It is unfair to allow so many on the course, when there is no job , or even a chance of one at the end of it.<br />The Inns provide over £4 million of scholarships annually and many TC providers pay the fees for their future trainees.<br />The dinners allow students to make working contacts and relationships, which they may not otherwise be able to make, and are important to the self-employed Bar.<br />The trainee can spend 4 or 5 years studying the law, and the theory of practicing it, but only 6 months before they begin the actual practice of the law<br />Why should people have to make the decision at the age of 22? Many of the skills overlap and it prevents the evolution of the roles of lawyers. If their work is fusing why shouldn’t the training?<br />It allows only the most suitable students to be accepted, and prevents the high number of people who never obtain pupillage<br />It assess potential, not ability and is also not used for solicitors, so seems unfair and makes barristers seem like the elite.<br />
  23. 23. Year 12 Homework<br />This will be due on the last lesson before half term (Friday 18th February 2011), and your task is to complete one of the following tasks. Which one, is up to you. <br />Either:<br />Describe the qualification and work of both barristers and solicitors [18]<br />Or<br />Produce a guide for Year 11 on becoming a lawyer, giving them advice about the training and work done. <br />
  24. 24. So, who (or what) is being described?<br />You might say I rent, though I’m all on my own.<br />I used to have a master, but not any more.<br />I can be independent or employed.<br />I will be called to it, but not drunk at it.<br />I might be frightened, but won’t wig out.<br />I am… <br />a barrister<br />?<br />?<br />?<br />?<br />?<br />?<br />?<br />?<br />?<br />?<br />?<br />?<br />?<br />?<br />
  25. 25. Solicitors & Work<br />Look at the wordle below...<br /> What information about their work can you extract?<br />
  26. 26. Magic Circle<br />Advocacy<br />Allen & Overy<br />Clifford Chance<br />Freshfields Bruckhaus Deringer<br />Linklaters<br />Slaughter and May<br />Preparing the case or a question of law to go to a Barrister<br />Representing clients in court, tribunals, negotiations or arbitration. <br />Preparing instructions<br />Local Firm<br />This means that you might work within a large company, dealing with in-house legal matters<br />Buying and selling houses, wills, divorce, advising rights, injury compensation, work disputes, criminal etc.<br />Commercial <br />Employed Solicitor<br />Probate<br />Coveyancing<br />By local government, CPS or the GLS. As well as prosecuting people, this could include advising on legislation and services to the public e.g. Construction.<br />
  27. 27. Rights of Audience<br />A right of audience means the right to appear before and address a court, including the right to call and examine witnesses<br />AO2 Point:<br />Should Solicitors have fewer rights of audience than barristers?<br />Full rights in the following:<br /><ul><li>Tribunals
  28. 28. Coroners courts
  29. 29. Magistrates’ courts
  30. 30. County courts
  31. 31. European courts</li></ul>Means that they can offer a complete service to the client, from preparation to presentation<br />Recent Change!<br />Solicitors Higher Rights of Audience Regulations 2010 (from 1/4/2010)<br />Apply for Higher Courts (Civil Advocacy) and/or Higher Courts (Criminal Advocacy). <br />Removes the experience requirement – just have to meet the skill level. <br />Also applies to barristers transferring professions<br />Solicitors may also obtain rights of audience in the higher courts:<br /><ul><li>the Crown Court
  32. 32. the High Court
  33. 33. the Court of Appeal
  34. 34. the House of Lords</li></li></ul><li>Barristers & Work<br />Look at the wordle below...<br /> What information about their work can you extract?<br />
  35. 35. Employed Barrister<br />Instructing a barrister<br />About 20% of them are employed<br />Working for an employer in industry, the Government or even the CPS<br />Independent Barristers<br /><ul><li>Generally by solicitors
  36. 36. Bar Direct (limited to certain professions, becuase they are already experts)
  37. 37. Direct Access from 2003 (but not in criminal or family)
  38. 38. Cab Rank Rule</li></ul>Self Employed<br />Rights of Audience<br />Automatic Full rights...<br /> But needs to complete training (at least 3 years with a lawyer who has had these rights for 6 years) to be able to exercise those rights<br />Chambers<br />Type of Work<br />Barristers provide specialist legal advice and represent their clients in courts and tribunals<br />A group of barristers – they tend to be specialists in the same area<br />
  39. 39. Comparing Professions<br />
  40. 40. Finally: Fusion<br />Should the two professions be more closely linked?<br />

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