Legal Profession:<br />Complaints and Reform<br />G151 ELS<br />Miss Hart<br />
First things first...Which of the following refer to barristers and which to solicitors<br />Barristers<br />Solicitors<br...
Complaining about your solicitor<br />Either:<br />Service given<br />Or <br />Amount of compensation received or the fees...
SolicitorsContractual<br />In instructing a solicitor you entering a contract<br />Why is this so important?<br />If you d...
SolicitorsNegligence<br />You have to prove that you were owed a duty of reasonable care and skill, that the duty has been...
Incorrect advice
Wrong drafting of documents
Inadequate service or bad advice</li></ul>Hall v Simon 2000<br />
SolicitorWhat about the ‘complaint’ route?<br />Please note that this has all changed as of January... But you need the ol...
Again, this has changed a little!<br />BarristersComplaints Procedure<br />
BarristersBreach of Contract?<br />Can a barrister be sued for breach of contract by a client?<br />Can a barrister sue fo...
BarristersNegligence<br />You have to prove that you were owed a duty of reasonable care and skill, that the duty has been...
A-B Stretch & Challenge<br />A New System?Legal Services Act 2007<br />This has brought in a new complaints procedure, whi...
How did these reforms come about?<br />Student Task<br />Answer the following questions using the articles at the back of ...
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Legal profession (Complaints) 2011

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Legal profession (Complaints) 2011

  1. 1. Legal Profession:<br />Complaints and Reform<br />G151 ELS<br />Miss Hart<br />
  2. 2. First things first...Which of the following refer to barristers and which to solicitors<br />Barristers<br />Solicitors<br />LPC<br />Inns of Court<br />Tenancy<br />Training Contract<br />BPTC<br />Graduate Diploma in Law <br />Called to the Bar<br />
  3. 3. Complaining about your solicitor<br />Either:<br />Service given<br />Or <br />Amount of compensation received or the fees asked to pay<br />
  4. 4. SolicitorsContractual<br />In instructing a solicitor you entering a contract<br />Why is this so important?<br />If you don’t pay... they can sue you for them<br />But<br />You may also have the right to take action for breach of contract whether you are the client, or are affected by the actions of the solicitor<br />Griffiths v Dawson (1993)<br />White v Jones (1995)<br />
  5. 5. SolicitorsNegligence<br />You have to prove that you were owed a duty of reasonable care and skill, that the duty has been breached and that you have suffered loss and damage as a result.<br />Examples:<br /><ul><li>Missed time limits
  6. 6. Incorrect advice
  7. 7. Wrong drafting of documents
  8. 8. Inadequate service or bad advice</li></ul>Hall v Simon 2000<br />
  9. 9. SolicitorWhat about the ‘complaint’ route?<br />Please note that this has all changed as of January... But you need the old system<br />
  10. 10. Again, this has changed a little!<br />BarristersComplaints Procedure<br />
  11. 11. BarristersBreach of Contract?<br />Can a barrister be sued for breach of contract by a client?<br />Can a barrister sue for unpaid fees?<br />
  12. 12. BarristersNegligence<br />You have to prove that you were owed a duty of reasonable care and skill, that the duty has been breached and that you have suffered loss and damage as a result.<br />Hall v Simon 2000<br />Saif Ali v Sydney Mitchell Co 1980<br />Negligent work outside court<br />Negligence in advocacy<br />
  13. 13. A-B Stretch & Challenge<br />A New System?Legal Services Act 2007<br />This has brought in a new complaints procedure, which is independent of both professions and began to come into effect from October 2010<br />
  14. 14. How did these reforms come about?<br />Student Task<br />Answer the following questions using the articles at the back of your pack.<br />What were the problems with the old system?<br /> <br /> What were the aims of the review?<br />  <br />Which model was recommended?<br />  <br />Why did the Bar Council and the Law Society have to separate their regulatory and representative functions?<br />  <br />What concerns have been expressed?<br /> <br />Clementi Review<br />Legal Services Act 2007<br />
  15. 15. So what’s happened?<br />Legal Services Board<br />Legal Ombudsman<br />Alternative Business Structures<br />New, independent body responsible for overseeing the regulation of lawyers in England and Wales<br />Board of 8 members most of whom are non lawyers.<br />Created and overseen by the Office for Legal Complaints and has come into effect from 6th October 2011<br />Investigates all complaints about lawyers.<br />Chairman & 6 members who are non-lawyers<br />Allows lawyers and non-lawyers to set up businesses together.<br />‘Tesco law’<br />Licence given out by BSB or SRA, and recommended to Lord Chancellor<br />Will replace Legal Disciplinary Practices (LDP) (not in effect yet!)<br />
  16. 16. Problems:<br />Your Great Aunt Betty has died. You were told that she had left you her house, and have a letter which she sent to her solicitors saying this, but her will was not updated. <br />Do you have an action?<br />You were involved in a nasty car accident. You instructed your solicitor to take action, and they said that they would with a maximum fee of £2000. However, they have sent you a bill for £10,000 for work done. <br />Do you have an action?<br />You discover that the barrister who accepted instructions has no experience in this complicated area of the law and is unfamiliar with it. You have lost your case.<br />Do you have an action?<br />Your solicitor has asked a barrister for advice on the possible submission of key evidence in your claim. The barrister concluded that it was not valid. You have lost the case, but discovered that the evidence was legally vaild.<br />Do you have an action?<br />
  17. 17. Representative Societies?<br />Thinking (AO2):<br />Why do you think that it was unfair that they used to be responsible for regulating their members?<br />

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