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Legal prof training & work 2012
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  • 1. If this is the answer, what is the question? Estimated cost of training to £55,000 be a lawyer in England and Wales!
  • 2. The Legal Profession Part One: Training & Work MAH 2011-12
  • 3. So how do you start? You just have to decide what to study at university! Law degree Non-law degreeThis must include seven keyareas to be a “qualifying law degree”* Contract Tort CPE/GDL Criminal Public The seven areas are: Equities and trusts Land European union* Otherwise you might have to do more courses!
  • 4. Next vocational stage… Decision time! Solicitors Barristers Join an Inn Register with SRA 1 of 4, one off Payment £4m scholarships Legal Practice Course LPC Qualifying sessions 12 sessions: •Taken over one year (FT) or two years (PT) Lectures, dining, education days, advocacy •Often funded by the training contract weekends. provider, however this means that you have to work for them for a while. •Costs… around £15,000 a year. (Bar Aptitude Test) New invention, aimed at reducing the numbers Areas covered: completing the BPTC (huge gap between BPTC & numbers of pupiliages) Compulsory Core Skills Elective Bar Practice Training Course (BPTC)Business law Account Interviewing 3 from a •Taken over one year (FT) or two years (PT)& practice Professional & advising range!Property law conduct Legal research •Often self-funded… costing over £14,500 per year& practice Probate Writing & •Focuses on the skills needed e.g. drafting andAdvocacy EU/HR drafting writing opinions, advocacy, civil and criminal litigation etc. Called to the Bar
  • 5. Can you identify any issues so far? Developing AO2Issue Because Suggestion
  • 6. Let’s get a little more practical… Solicitors At least 3 areas of Contentious and English Law non- contentious law Two Years FTCan go to a Training Contract• ‘magic circle’ firm,• large multinational,• local solicitor’s firm Apply as early as• local government possible! (2nd year of undergraduate!)• CPS etc. You will actually get paid! Vacation schemes £18,590/ £16,650 Professional Skills Course (Your TC provider must give you the time off and pay for it!)
  • 7. Let’s get a little more practical… BarristersDivided into two Pupil sixth month supervisor periods Second Six: (used to be pupil master) (known as ‘sixes’) Can practice/ take Paid! instruction Minimum of £5,000 per six First Six Pupillage Non-Practising Can be: •Observation; • at the • Shadowing; independent bar • Drafting opinions; Provisional Practice Certificate (‘in chambers’) • Observing in End of first six… • CPS etc. court etc. Once completed the compulsory: Advocacy training course Practice management course
  • 8. So, you make it through all that… Entry onto the Roll Assistant Tenancy Solicitor
  • 9. Need some AO2 Developing Criticism help? Hit the How effective is the current system? board! Point Explanation However In 2007, 1480 people completed the BTPC, but only 503 Too many people obtained pupilage, and the numbers are similar for theare allowed on the LPC. It is unfair to allow so many on the course, when LPC/BTPC there is no job , or even a chance of one at the end of it.Not enough funding The Inns provide over £4 million of scholarships annually and many TC providers pay the fees for their future trainees. Costs Outdated The dinners allow students to make workingrecruitment ideas contacts and relationships, which they may not otherwise be able to make, and are important to the self-employed Bar. Not enough The trainee can spend 4 or 5 years studying the law, and the practical training theory of practicing it, but only 6 months before they begin the actual practice of the law Should be more Why should people have to make the decision at the age of ‘fusion’ between 22? Many of the skills overlap and it prevents the evolution the lawyers in of the roles of lawyers. If their work is fusing why shouldn’t training. the training?The introduction of It allows only the most suitable students to be accepted, It assess potential, not ability and is also not usedthe aptitude test is . and prevents the high number of people who never for solicitors, so seems unfair and makes a positive move obtain pupillage barristers seem like the elite. forward
  • 10. Consolidation.... Barristers SolicitorsAiming for the best?Using your own research powers, discover what is meant by a Legal Executive, and find out how it is possible totrain to be a lawyer without a degree.
  • 11. What’s the difference between barristers and solicitors?
  • 12. Solicitors & Work Look at the wordle below... What information about their work can you extract?
  • 13. Magic Circle1. Allen & Overy Preparing the case or a Advocacy2. Clifford Chance3. Freshfields Bruckhaus Deringer question of law to go to Representing clients in4. Linklaters a Barrister court, tribunals,5. Slaughter and May negotiations or Preparing arbitration. instructions Local Firm This means that you might work within a large company, Buying and selling houses, wills, dealing with in-house legal divorce, advising rights, injury matters compensation, work disputes, criminal etc. Commerci al Probate Coveyancing Employed Solicitor 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.
  • 14. Rights of Audience A right of audience means the right to appear before and address a court, including the right to call and examine witnesses AO2 Point: Full rights in the following: Should Solicitors have fewer rights of audience than barristers? Means thatthey can offer Tribunals a complete Coroners courtsservice to the Magistrates’ courts Recent Change! client, from County courtspreparation to presentation European courts Solicitors Higher Rights of Audience Regulations 2010 Apply for (from 1/4/2010) Higher Courts (Civil Advocacy) and/or Higher Courts (CriminalSolicitors may also obtain rights of Advocacy).audience in the higher courts:the Crown Court Removes the experience requirement – just have to meet the skill level.the High Courtthe Court of Appeal Also applies to barristers transferringthe House of Lords professions
  • 15. Starter: Five minutes. Five Questions. How many can you answer?1. Can you name at least five of the core topics which must be covered in the academic stage?2. Can you name one difference between a training contract and pupilage?3. Can you identify one recent change to improve training to be a lawyer?4. Can you explain identify the difference between the initial rights of audience for a barrister and a solicitor.5. Can you explain what an ‘instruction’ is and why a solicitor may want to prepare one.
  • 16. Term ExplanationMagic circle ConsolidationHigh streetsolicitors’ firm In your handouts, using your own understanding, define the terms!ProbateEmployed solicitorPreparinginstructionsConveyencingCommercial firmsAdvocacyRights of Audience Developing Your AO2... Should solicitors have equal rights of audience withSolicitor barristers?Advocates Aiming for the top... Refer to at least one recent development in this area.Mixed practice What do you think the key skills of a successful solicitor?
  • 17. Barristers & Work Look at the wordle below...What information about their work can you extract?
  • 18. Employed Barrister Instructing a barrister About 20% of them are employed Working for an employer inIndependent industry, the Government or even Generally by Barristers the CPS solicitors Self Employed Bar Direct (limited to certain professions, becuase they are already experts) Direct Access from 2003 (but not in criminal or family) Cab Rank Rule Type of Work Chambers Rights of Audience Barristers provide specialist legal A group of advice and Automatic Full rights... barristers – they But needs to complete training (at represent their tend to beclients in courts and least 3 years with a lawyer who has specialists in the tribunals same area had these rights for 6 years) to be able to exercise those rights
  • 19. ConsolidationTerm Meaning In your handouts, using your ownChambers understanding, define the terms!AdvocacyEmployedbarristerInstructing abarristerBar directDirect AccessCab-rank rule Developing Your AO2...Queen’s Counsel What issues does the ‘self employed’ status of barristers raise? How have recent reforms allowed the public better access to barristers? Aiming for the top... Refer to at least one recent development in this area.
  • 20. Comparing Professions... Can you match up the points?Have no direct contact Can appear in all courts But through access schemes e.g. Bar Direct, theywith the client may be directly approached in certain areas of the lawSpecialists Office work But increasingly can and do specialise e.g. larger commercial firmsDirect 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 courtIndividual Client based But they work together with the solicitor who is instructing them on the case, and the chambers who 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 of audience and barristers must qualify for them
  • 21. Should the two professions be more closely linked?