Advocacy And Boundaries Of Independent Advocacy

Advocacy And Boundaries Of Independent Advocacy
Independent advocacy is a way that allows people to make informed choices and to remain in control of their own care and needs. It supports people
to access the information they need about all options available to them and allows them to make their wishes and views known. It helps to protect the
rights of people that are unable to speak up for themselves. Independent advocacy may be a long term thing or only during a difficult time.
1.2Explain the limits to advocacy and boundaries to the service
There are many limits to advocacy as there is only so much that can be done and these limits are often caused by the boundaries that are set. There are
many different types of boundaries. The first type is professional boundaries. This is ... Show more content on Helpwriting.net ...
These are boundaries that the advocates or individuals set for themselves sometimes without realising. It is important that advocates are clear about
boundaries of the relationship between themselves and the individual and how they can maintain that. If you are consistent at maintaining these
boundaries you will have a good consistency with the individual you are working with.
1.3Identify the different steps within the advocacy process
1.Identify the issue – advocacy begins with a problem or issue this could be environment, economic, social and other factors
2.Set goals and objectives – this is generally what is hoped to be achieved in the long term by setting out short term and specific achievements to
contribute to that goal
3.Identify target audience – primary target audience includes the decision makers. The secondary target audience includes people who are able to
influence the primary audience. The individual must be identified in this.
4.Build support – the bigger the support bases the higher chances that it will be successful.
5.Develop the message – messages are tailored and developed to specific audiences. When preparing messages it is important to think about who the
message is for, what you want the message to receive and what you want the recipient to do as a result of the message.
6.Select channels of communication – this would vary depending on the target audience. This could include press conference, fact sheets and public
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Adversarial Approach To The Legal Profession
Lawyers encounter difficult ethical situations within their profession. A lawyer's obligation to the legal profession lies not only with their duty to the
client but also to the court. Hence, duty must be given to the administration of justice by allowing for the legal system to determine a client's claim,
regardless of their moral worth. The responsible lawyering approach effectively caters to this and thus, this paper will analyze the advantages of this
approach and its position within the legal profession, while also identifying its conflicting position within the framework of justice.
An ethical perspective plays a vital role in understanding the duties and responsibilities required by lawyers in their profession, but is also necessary
as stated by Parker and Evans "to judge what rules should be made (on a professional level) and also to decide (on a personal level) what the rules
mean, how to obey them..." The four main approaches to legal ethics include adversarial advocacy; responsible lawyering; moral activism; and ethics
of care, each of which identify different standards and values used to resolve issues. The adversarial approach, often referred to as the 'amoral' one ,
remains the predominant approach and conception of a lawyer's role and ethics in Australia. As well as through these approaches, a lawyer's obligations
are demonstrated in ... Show more content on Helpwriting.net ...
Instead, it upholds ethics inherent in the role as officers of the court and the law itself. Thus, it does not impose personal morals on prospective clients.
Yet, this approach still maintains advocacy to the client, through which lawyers pursue those actions that seem likely to promote 'legal justice' and
assisting clients to pursue justice according to law. Lawyers apply their skills and legal obligations as well as the pursuit of a client's interests, while
effectively still appreciating the system's fundamental

Question 1 . In The Case Of In Kendirjian V Lepore [2017]
Question 1 In the case of in Kendirjian v Lepore [2017] HCA 13 there were two legal issues brought before the court. The first issue was, does the
principle of advocate 's immunity identified in D 'Orta– Ekenaike v Victoria Legal Aid (2005) 223 CLR 1 apply to circumstances in which a legal
practitioner fails to appropriately communicate the contents of a settlement offer to the client who then decides to continue the proceedings without
any instructions from the client? The second legal issue was, did the Court of Appeal misapply the principle of advocate 's immunity as identified in D
'Orta– Ekenaike when it found that the sheer commencement or continuation of proceedings fell within that principle? Question 2 Edelman J's reasoning
... Show more content on Helpwriting.net ...
With regards to advocates immunity which protects barristers and solicitors from claims for negligence, in respect of conduct in court or the giving
of succour out of court which leads to a result disturbing the management of the case in court. The appellant, Deepa, received false advice about the
evidence she must submit, including evidence regarding an affair she had with a nurse at big public hospital 12 years ago. Due to this, Deepa
requested to settle on whatever grounds her lawyer could get with Big Public Hospital, the Big Public Hospital was not willing to make a settlement
offer. Deepa then discontinued the proceedings due to the fact she did not wish to give evidence, she later found out from another lawyer friend that
evidence regarding the affair was not needed. In Giannarelli v Wraith, the court held that advocates immunity extends work outside as well as work
inside the courtwhich could lead to a decision that affects the conduct of the case. However, immunity should not be extended any further, further,
immunity should only exist where the specific work is so intimately tied with the conduct in the trial, that it can fairly be said to be a preliminary
decision affecting the way that cause is to be conducted. The boundaries of immunity have been

The Conflict Of Fiduciary Duty
Question A: SUCCESSIVE CONFLICT Fiduciary Duty Practitioners must not accept a retainer in any action against a former client or someone from
whom they have obtained confidential and material information and it is reasonable to conclude that there is a real possibility the information will be
used to the persons detriment. There was no retainer between Virginia and Teddy, but a duty of confidentiality could still apply in equity if the
information was believed to be confidential or in a lawyer–client relationship. Because of the informal social setting and lack of detailed information
exchanged, it is likely that Virginia does not owe Teddy a fiduciary duty or duty of confidence. If Virginia does owe Teddy a fiduciary duty, the onus of
proof is on Teddy to show whether she has confidential information, whether that information is relevant to the new matter and whether it is reasonable
for Teddy to conclude that there is a real risk that the information will be used to his detriment. Next, the onus shifts to whether information screening
can appropriately protect the firm. Breach of confidence in equity requires confidential information that has the necessary quality of confidence,
imparted in circumstances importing an obligation of confidence, not otherwise required by law or in the public interest. The objective test for judicial
intervention is whether a reasonable observer would perceive a real possibility of misuse of confidential information. Courts will

Statement Of Purpose To Becoming A Barrister
My chosen career
My fascination with the law and how it operates made me study law at university. Therefore, when thinking about my career, I hope to become a
solicitor for a few years to gain an insight into the practical field of law and then later become a barrister. A family member who I deem a role model
has done this and so I was inspired to do the same. In order to become a solicitor, I will need to complete my LLB degree which I am currently
studying, consisting of three years. After this I will need to complete the Legal Practice Course (LPC) which is a one–year course, providing me with
the skills needed in employment. Later, I will try to obtain a training contract and foreshadow a qualified solicitor before gaining partnership. I am
currently interested in Family law and have chosen child protection as an extra module this year which I am really looking forward to, so perhaps
would like to specialise in this field, but explore my options first by researching and attending other modules on my course. Moreover, after practicing
as a solicitor for a few years I would then like to go on and become a barrister. In order for me to do this I would join the Inns court, then complete my
Bar Professional Training Course (BPTC) which is a one year course and then my pupillage, where I will foreshadow an experienced barrister. Once
this is complete, I will become self employed and practice as a barrister, but my first aim is to become a solicitor.
Skills required for my

Barristers Of Criminal Cases : Barristers Rarely Deal With...
Barristers in Criminal Cases:
Barristers rarely deal with civil cases. Barristers will often settle the case outside of court therefore it is rare to see a barrister in a civil court, however,
if a case is on the multi–track track for court, the barristers will finish legal documents, present the case, cross examine witnesses and sum up any
relevant material. This proves that a barrister uses skills from his or her training in both courts. В¬В¬В¬В¬ Judges in Civil Cases:
Judges in civil cases, on any track system will reach to a verdict themselves (unless it is a case of fraud or defamation (which will therefore include a
jury)). The judge will often question the witness him or herself in order to prevent a litigant in person to do so. The ... Show more content on
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This speeds up the case and therefore keeps costs at a limit.
Compare and contrast the role and function of judges, lawyers and lay people within the English courts (M1) Magistrates are similar to judges but
very different to juries because magistrates give a verdict that is binding onto the defendant a power that is of a judge's whereas the juries only
"judge" based on the facts of the case and the evidence given as well as the balance of probabilities, which also applies to magistrates. This is possibly
the only similarity between the two.
However, the balance of probability for juries is much higher, it must be unanimous unless the judge says otherwise. The balance of probabilities is, in
the magistrate's court, where the magistrates must be 51% sure that the defendant is guilty or not guilty in order to result in a verdict this is a link
between judges and magistrates whereas juries have to be beyond reasonable doubt as described earlier. Therefore magistrates have a small link to
juries and therefore one with judges but only because of the link of the balance of probabilities.
However, both judges and magistrates are dissimilar to juries because juries have to disregard the law and only "judge" on the facts of the case and
are therefore different to judges, magistrates because of their methods of reaching to a verdict. They are also different to lawyers because lawyers have
to take into account the law

Social Policy And The Access Of The Judiciary System
What is Social Policy and the link to the Judiciary system
Social policy aims to improve human welfare and to meet human needs. Important areas of social policy are wellbeing and welfare, unemployment
insurance, pensions, the NHS, social housing, family policy, social care, child protection, crime and criminal justice and labour issues. It was said
problems of children who were deprived or abused have been connected closely with issues concerning young offenders (Spicker.uk, 2015).This
statement involves various roles from professionals in the judiciary system. Under the Children's Act 1998 the local authority's functions where to
provide services which support children and their families (Anon, 2015). Social workers would have had involvement during the individual's young
life and have already taken action in order to prevent the abuse therefore preventing young offenders. In turn victim support would support the
individual if they are required in a court setting; they will advise if they are feeling worried, nervous or afraid. If an individual becomes a young
offender the Youth offending teams within the court support them by; staying in touch with a young person if they're sentenced in custody, charged
with a crime and has to go to court or if a young person is arrested. The youth offending team work closely with the probation services (Gov.uk, 2015).
Leeds Crown Court
The first impression of the Crown Court building is initially imposing and intimidating; however the

Sexual Exploitation Of The Police Station
I have been involved in a number of activities in my placement at Wright Chambers, mostly to do with criminal matters rather than civil. I have
accompanied Nick and a client to the Hindley Street Police Station. We met with Nick's client and the client's wife outside of the station and Nick gave
him some brief directions about not saying anything, even if he believed it would help his situation. At the time, I did not know what the client was
being accused of, and it turned out that it was persistent sexual exploitation of his niece. I felt confident but somewhat wary that I had to maintain my
friendly (if that is the right word) – but professional – manner towards the client. This was not difficult for me, although I am unable to reflect... Show
more content on Helpwriting.net ...
Before I end my placement, I would like to have more to do with clients before their matters reach trial. From my perspective as a CLE student, I have
found that doing my placement with a criminal barrister has its limitations. The main one being that the 'groundwork', such as the initial interview, has
already been done prior to the matter before it reaches Nick because he is briefed by solicitors, and sometimes by the Commonwealth or State DPP. Of
course I understand the issues surrounding liability so I cannot conduct the interviews myself, but I was disappointed to have so little do with the
clients prior to reaching trial. The extent of the client contact that I have had is the police interview, and another occasion at the District Court in an
area where the accused stayed and spoke with Nick, not at any great length. This is something that I should have considered before deciding to do my
placement at Wright Chambers, and it's something that I regret. While I haven't had the pressure of dealing with emotional clients, and making sure
that I've provided the correct legal advice to those clients, I have missed out on a great opportunity for my professional development, specifically
regarding client contact. This is something that I hope to address before the end of my placement, and it is something that I regret not having
considered at any earlier

Barrister And Rape Cases
The people will not typically be requested to go to this hearing. The magistrates will decide if the case should go ahead and whether the respondent
should be held or released on bail until the judgment. The justices' decisions will also be based on the enough evidence. They may disagree with the
CPS and decide that there is not insufficient evidence. If so, they will stop the case. If they agree that there is enough and significant evidence, they
will send the case to crown court. According, to the crown court a judge and jury will hear the rape case. Barrister (lawyer in high court) will speak for
the (CPS) and for the defendant (the person charged with the crime of rape). The CPS will usually prosecute. After hearing all proofs, the jury

The Importance Of Purpose To Study Law
I want to study law in order to assist people who are faced with inequity, while also developing a thorough comprehension of the laws that seperate us
from anarchy by expanding on my knowledge and skills of analysis, criticism, reasoning, verbal and written communication.
i developed a specific interest in common law and human rights law through studying goverment and politics at A–Level in which we have looked in
depth at the types of laws in encompassed in constitution. The particular case of
After reading "In Defense Of Anarchism" by Robert Paul Wolff, i felt certain in my need to study law. The paper looks at authority and obedience
and what it is that makes a state powerful and gives them legitimate authority. It also talks about individual responsibility and why we are
compelled to comply to laws and rules. The paper aroused a curiosity in me to begin to form a deeper understanding of the laws we obey, how and
why they were formed and what about there set up causes people to follow them blindly without resistance or question. Anarchy and how laws and
democracy seperate us from it. Aroused a curisoty to form a deeper understanding of the laws that protect us from chaos but also what in a laws
creation causees it to be so effectivew.
In July 2017 I participated in a work experience placement at 1mcb clerks room. For the duration of this time I was given the chance to work with
barristers' clerks who managed and administrated in a set of barristers' chambers,

Jury Barristers
Barristers A Barrister speaks in court and presents the case before a Judge and the Jury. The Barrister has to receive additional training in the
evidence Law and also in court practice and procedure. The Barrister is there to show whether or not the Defendant is innocent or whether the
Defendant is guilty. There are two Barristers that have to be in the court one is called a Defence Barrister and they have to make sure that their
client is protected and that the client is proven innocent at the end of the trail. Then the second Barrister is called a Prosecuting Barrister whose job
is to make sure that the Defendant is shown guilty at the end of the trail. Solicitors A Solicitor has a lot that they have to do they have to do all of the
legal research and Drafting legal documents so that when they are in court all of the research that they have found out is suitable for the court. Leading
client meetings this is so that they can inform the client of the information that they have been able to find out that client and to see if any of the
information may cause a problem when they are in court.... Show more content on Helpwriting.net ...
For example many paralegals case research, manage cases and assist with clients. The paralegal must abide by the same client attorney confidentiality.
Paralegal must be supervised by an attorney and must abide by limitations Legal Executives Legal Executives work in Solicitors offices often doing
many of the things that the Solicitors have to do one of the things that they may have to do is take instructions from the clients and prepare witnesses
statements for the court day. They may attend the court however they don't have the rights of advocacy in the same way as Solicitors but they have
some rights in the lower courts. After being a Legal Executives for five years then they can become

Essay about A Critical Analysis of The Legal Professions
A Critical Analysis of The Legal Professions 1.0 Introduction The English legal profession, which applies in England and Wales, is separated into
two different types of lawyer: the solicitor and the barrister. There are similarities and areas of overlap in both jobs. A solicitor deals with a whole
spectrum of legal issues whereas a barrister usually specialises in one area and advises solicitors when asked. Solicitors are usually employed in a
partnership as part of a solicitor's firm and their governing body is The Law Society. Barrister's are usually self–employed and specialise in advocacy.
After fifteen to twenty years a barrister can progress to the Queens Counsel (QC's) by application.... Show more content on Helpwriting.net ...
Would be barristers have to take the Bar Vocational Course (BVC) for one year and fees are approximately Г‚В
Ј7000–Г‚ВЈ11,000 depending on the
location it is taken (Careers – Financial Planning, http://www.legaleducation.org.uk/Careers/financial.php, legaleducation.org.uk [Accessed 28/05
/04]). A problem with this is that many may not be able to pay with cash and may have to take up a loan, which would incur extra costs like interest.
After the legal practice course a solicitor becomes a trainee for two years with a solicitors firm and can earn a salary of around Г‚ВЈ20,000. Some
firm's though pay part or full LPC fees. Once the BVC is taken the individual then joins an Inn of Court where they take 1 year's pupillage and will
shadow a barrister's work. After the first 6 months of pupillage the trainee can appear in court and conduct their own cases. During this time pupil earns
a minimum of only Г‚ВЈ10000. The problem with this is that with such a low wage how will pupils be able to pay for living costs, as well as debt
repayments, with the limited amount of grants available? Pupils can apply for loans but would increase debt repayments. After pupillage barristers
will join the junior council where the salary can reach and be in excess of Г‚ВЈ90.000 per annum (Tillson, 2004). 3.0 Reforms in the Professions. 3.1
Liability of Negligent Work There have been

Essay on The Legal Profession: One Career, Many Avenues
The Legal Profession: One Career, Many Avenues
Whether we are reading about the heroic small–town attorney Atticus Finch in To Kill a Mocking Bird, or watching in awe as Richard Gere portrays a
smooth attorney in Primal Fear, it is apparent through culture and media that there is a power and prestige associated with the law in American society.
This paper compares the training and education of such American lawyers with their English counterparts, concluding as to why it may behoove us in
the US to adopt the apprenticeship requirements of England.
To begin, it is important to note that n the English system, the legal profession is distinctly divided; lawyers are either Barristers or Solicitors. While
the Barristers are governed by the ... Show more content on Helpwriting.net ...
Much like how the US has three branches of the government in an effort at a system of checks and balances, a Barrister acts as a check on the Solicitor
conducting the trial. According to some critics, a distinct disadvantage of the split profession is that a multiplicity of legal advisers can lead to an
inefficient process and higher costs (Law Observer).
Given our understanding of the two divisions, we are in a better position to appreciate the variations among education and training. A prospective
Barrister must first complete the academic stage of their legal education by obtaining a qualifying law degree (The Law Society of England and
Wales). However, instead of obtaining a formal law degree, the student may undertake a one–year law conversion course, now known as a Graduate
Diploma in Law (GDL), so long as he has initially graduated in a subject other than law. From this juncture the student joins one of the Inns of Court
and takes the Bar Professional Training Course (BPTC) at one of the accredited providers (The Law Society of England and Wales).
Additionally, there is the tradition of "keeping terms" before the prospective may be called to the bar. By participating in 12 qualifying sessions, some
of which require dining with practitioners for full evenings while others involve attending specified training events, the student may then be called to
the bar (Blackstone & Sharswood). Once

The Professional Conduct Laws And How They May Affect Me
Introduction This report intends to explain the critical aspects of the professional conduct laws and how they may affect me. Some of the things
included that I will be touching on are the Legal Services Act 2007, the purpose of it and describing all of the different sections within the Legal
Services Act, information surrounding delegated legislation under the Legal Services Act, cases that have occurred under the Act and the impacts
that the Act may have on me specifically in and out of the profession. I will look in depth at delegated legislation regarding who is able to create
delegated legislation and also finding a piece of legislation and giving details on what it is about. I will look at a number of cases, explaining what
occurred in them, the judges involved and the final outcomes. Finally, I will create a conclusion which refers back to the objectives and gives a
closing summary of this report. The purpose of the Legal Services Act 2007 The Legal Services Act implements policies and rules for the legal
services in England and Wales to follow. The Act allows non
–lawyers and lawyers to work together in businesses. On the 30th of October 2007, the
Legal Services Act received Royal Assent. There are nine parts to the Act, these are: 1.The regulatory objectives– this section includes the principles
and rules of the Legal Services Act and the guidelines that it is required to follow. 2.The legal services board– this section explains the regulatory
objectives

Legal Advice For A Solicitor
A solicitor may give legal advice when it comes to buying a house or renting a flat etc. they also deal with divorce, probate, marriage etc. they also
give legal advice based around these areas. A solicitor may even represent their client in court to maximise their chance of being declared as
innocent. A solicitor is also responsible for calling in any paper work to help with any case. Solicitors also help deal with any accident that may
occur. The Law Society sets down rules and regulations about how solicitors may conduct their business. There is a Disciplinary Tribunal, which
can investigate any allegations of misconduct made against a solicitor. Solicitors also help people get mortgages if their credit rating is lower than
the required rate to get a mortgage. As a solicitor there is no uniform so they are free to wear whatever they like. If you are involved in a court case,
your solicitor will manage the case and represent you when dealing with the other party. For example, your solicitor will send letters to the other side
on your behalf.
Barristers are engaged by solicitors to work on a case. Barristers must wear white collars and a black gown when in a court case. In certain courts the
barrister is also expected to wear a wig. All barristers are self–employed and work as individuals. When a person is being trailed in court, it's a barrister
that speaks for them and presents all evidence to the judge. Barristers are not contacted directly by the public; instead they

Personal Goal To Become A Barrister
Career Development Task
My Chosen Career:
My personal goal is to pursue a career in law and to become a barrister in the future as I have always dreamed of myself in the court, advocating a
client. The path in terms of becoming a barrister is very long and hard, involving numerous challenging steps. Firstly, I will need to complete my
LLB Law degree with a minimum of 2:2 or above and pass the Bar Course Aptitude Test. Then, I will need to complete the Bar Professional Training
Course (BPTC). The BPTC is a year–long course which concentrates on different core subjects such as civil and criminal advocacy. During this
course, I will also need to join one of the Inns of Court and attend 12 qualifying sessions at the Inn that I have chosen. If I am successful in all the
sessions, I will be called to the Bar. Henceforward, I have to start my pupillage which will take 12 months. Although it is very hard to secure a
pupillage in the UK, I believe that I will be able to get one with my determination and efforts. Finally, once my pupillage is over, I will be qualified as a
barrister. After becoming a barrister, I plan to continue my career in my home country Cyprus, as it is much easier to obtain a judicial work in there.
Skills required for my chosen career:
Apart from the academic requirements of my chosen career, there are also several key skills that I need to have in order to be a successful barrister in the
future. As the first and foremost duty of a barrister is to

Solicitors Within Criminal Cases ( P3 )
Solicitors in Criminal Cases:
A solicitor is a lawyer who deals directly with clients by giving legal advice as well as preparing legal documents and if necessary advocating in court.
Solicitors are generally found in firms in towns and cities and therefore are easily accessible to all.
A solicitor needs to get all key details from the client before a bail hearing. Solicitors undertaking criminal cases are also able to represent in court
under the Solicitors Higher Rights of Audience Regulations Act 2010. Barristers in Criminal Cases:
Barristers are trained to advise clients on the strengths and weaknesses of their cases and to act as advocates. Barristers represent their clients in court,
primarily the higher courts, to prove their innocence or to get the best sentence for their clients. The barrister in question will do legal research, cross
examine witnesses, hold case conferences and write an opinion on the case for their client.
Explain the role of judges and lawyers in civil cases (P3)
Solicitors in Civil Cases
Solicitors in civil cases do a similar job as one of a solicitor in a criminal case. A solicitor in a civil case can still, given they have the qualification,
represent their client in court. The solicitor will still complete legal documents, advise clients, collaborate with barristers and find witnesses. They may
also undertake:
Conveyancing В¬(7"the branch of law concerned with the preparation of documents for the conveyance of property.")

The Challenges Of A Sharie Lawyer
The Challenges of Sharie Lawyers In reality, in every field of works there are challenges that need to be face by every person in particular fields.
Similar thing happen to the Sharie lawyer as there are many challenges throughout their journey. The challenges of the shari'e lawyer will be
discussed further below. The challenges of sharie lawyer can be seen before the admission and after been admitted as a lawyer. Firstly, in order to
be admitted as a syarie lawyer, there are many procedures that need to be followed. One of them is a need to sit for Interview or Written
Examination. It surely will cause difficulties to those who interested to become a Sharie Lawyer. In some states such a Negeri Sembilan and Penang,
the person has to undergo chambering for several period mentioned, then has to sit for either oral interview, or written examination or even both.
Thus, chambering period do not guaranteed the person to pass the interview and then become syarie lawyer. As compared to pupillage student to be
admitted as advocates & solicitor, after undergo 9 month period of chambering they can be admitted as an advocate and solicitor in the High Court of
Malaya or High Court of Sabah and Sarawak. It clearly shows that the chambering process can guaranteed them to be an Advocates & Solicitor and
they do not have to sit for interview or examination.... Show more content on Helpwriting.net ...
This is due to the admission requirements which allow advocates and solicitor to practice as sharie lawyer. From here we can see that the position of
sharie lawyer may be threatened by the existence of advocates and solicitors in the shariah

Unit 23 Law Pass 4 Pass 5 Merit 1 And D
James Jones
13191654
Unit 23– pass 4, pass 5, merit 1, distinction 1
Martyn McCarthy
Pass 4– Describe the role of lay people in criminal cases and Distinction 1– Evaluate the effectiveness of lay people in the English courts
Lay magistrates
All magistrates begin their magisterial career in the adult court where they deal with crimes which can have the most widespread impact on
communities; for example, anti–social behaviour and alcohol–related incidents. Magistrates' courts are also the first stage in dealing with more serious
crimes such as rape and murder, which are then referred on to the Crown Court.
As they gain experience, some magistrates go on to deal with cases involving defendants aged between 10 and 18 in the youth court. ... Show more
content on Helpwriting.net ...
Disadvantages of the jury
Failure to understand the issues involved.
Prejudice as juniors may be biased, e.g. against police or ethnic minority defendants.
The compulsory nature of jury service is unpopular.
There is no way of knowing if the jury understands the case, as there is no reason given as to why they gave a certain verdict.
In some cases the jury has had to be provided with police protection.
It take a long time explain the points to the jury and the leads to a rise in costs.
I do not believe that the way the jury is selected and the way it operates is the correct way to do it. I believe this due to the fact that not much is
known about the people who are selected and that they have no experience in Law. This means that they might not understand the case and they could
even be a bit biased.
Pass 5– Outline the role of judges and lawyers in civil and criminal cases and Merit 1– compare and contrast the role and function of judges, lawyers
and lay people within the English courts.
Magistrates
Lay magistrates are people that deal with the vast majority of legal cases in the courts. They sit on a bench of two to three magistrates. They are
part–time and unpaid, and also unqualified. They have to be aged between 18– 65 and sit 26 and a half days per year. You are unable to become a lay
magistrate if you have a serious criminal conviction, undischarged bankruptcy and a member of the police or a

Key Differences Between Solicitors And Barristers In The...
1) Solicitors and barristers are two separate vocations of the legal profession. An analysis will be made to distinguish the differences between solicitors
and barristers to conclude whether the key difference between them is that barristers have higher rights of audience.
Barristers have higher rights of audience once qualified. However, since the introduction of the Courts and Legal Services Act 1990 and the Access to
Justice Act 1999 respectively, solicitors have gained equal rights of audience provided they have completed additional training.
On a daily basis solicitors and barristers undertake different roles although, their work is closely linked and their duties fuse in areas. Solicitors tend to
deal with more day–to–day case management, conducting correspondence with clients, dealing with negotiations, gathering evidence and providing
instruction to barristers to carry out specialist tasks. Cited Open University 'OU' (2016a 2.1). Historically barristers could not take direct instruction
from a client. However, with changes to Public Access Rules in 2004, barristers may now take instruction directly from clients. This demonstrates
change in the legal profession and the once ... Show more content on Helpwriting.net ...
In reality the introduction of LASPOA 2012 led to the end of compulsory mediation assessments. It remained until the introduction of the Children
and Families Act 2014 which requires anyone who wishes to issue private law proceedings in family court to attend a compulsory MIAM. MIAM's
determine whether mediation will serve as a better option than going to court. Questions were raised as to why compulsory MIAM's were not
included in LASPOA 2012. The inclusion may have reduced the damage caused by the 12 months without compulsory MIAM's, whereby over said
period their numbers fell by

The Role Of Barristers And Barristers
Q3) SOLICITORS
The Oxford dictionary 2015 defines a solicitor as " A legal practitioner admitted to practice under the provisions of the Solicitors Act 1974" The legal
profession in England and Wales can be divided into two main sections, barristers and solicitors. Each professional has its own governing body and
duties. There are currently 136.940 practicing solicitors in England and Wales (Solicitors Regulating Body SRA 2015). Their functions and duties are
widely varied these include: conveying, drawing up wills, divorce settlements, civil litigation, winding up the estates of a deceased persons. Solicitors
can carried out these duties from their offices. Solicitors have automatic rights of audience court appearances are infrequent, ... Show more content on
Helpwriting.net ...
Paralegals have been previously known as "solicitors managing clerks" they had their own organisation called "The solicitors managing clerks
association" in the early 1960s they became dissatisfied with the title because of the importance of the work they were doing. Another title was
chosen for them "Legal executives" and a new association, which was called "The institute of Legal Executives" they have now evolved to give
people with a non law degree the chance to gain practice rights.
Paralegals are relied oh heavily in law firms and many have their own clients and carry out much of what a solicitor can do with very little specific
supervision. The National Association has instituted a framework for the regulation and licensing of paralegals. The main advantage of being a
qualified paralegal is that you can be

The Supreme Bench Of Baltimore
Following a half–century hiatus, Judge Alfread Salem Niles of the Supreme Bench of Baltimore City conceived the idea to revive the institutions
of Baltimore's law clubs by establishing The Layers' Round Table in 1911. As one member recounted: [W]hile still a judge of the Supreme Bench
of Baltimore City, [Judge Alfred Niles] called a group of lawyers to his office in the Court House and laid before them a plan which he had
originated and developed for periodical gatherings of a few men of his profession, to have dinner together and to enjoy professional talk somewhat
beyond and above their daily routines. The Lawyers' Round Table was substantially larger than either the Friday or Temple clubs, consisting of
twenty–five members. The club held their first meetings at the Baltimore Club on the northwest corner of Charles and Madison streets. Upon the
ratification of the eighteenth amendment, however, meetings were moved to the home of the secretary of the club, Judge Eugene O'Dunne of the
Supreme Bench of Baltimore City. The club's transition to a private venue was in order for the members of the club to partake in alcohol consumption
under the 18th amendment's bona fide guest exception. When, however, the group's reserves of alcohol were depleted, they declined to violate
prohibition and replenish their stock. Notably, that the members complied with prohibition is not to say that they endorsed it. Interestingly, the
founding members of the Lawyers' Round Table were

The Different Ways in Which Unsatisfactory Work and...
The Different Ways in Which Unsatisfactory Work and Behaviour by a Barrister and a Solicitor Can be Dealt With
If after having dealt with either a solicitor or a barrister you still felt dissatisfied with the way in which your case has been handled, you can complain
about the unsatisfactory work in a number of ways, depending on the case and who you are unhappy with.
If you are, for example unsatisfied with the way in which a solicitor has handled your case then you could complain about the services rendered to the
Office for the Supervision of Solicitors (OSS). The OSS has the power to award up to ВЈ5,000 compensation, reduce or abolish the solicitor's fees and
force then to rectify their mistakes ... Show more content on Helpwriting.net ...
Now, as a result of the Access to Justice Act 1999 the Legal Services Ombudsman can order a solicitor or the Law Society to pay compensation to
the client, they can also be sued for negligence as well as being suspended from practice or struck off by the Solicitors' Disciplinary Tribunal.
Under the Access to Justice Act 1999 the Law Society now have greater powers to inspect solicitors' files and accounts if a claim is made against them.
Until recently, barristers could not be sued for negligent work in court as a result of the decision in Rondel v Worsley (1969) but could be sued for
work outside court: Saif Ali v Sydney Mitchell & Co (1978)
Barristers can now be sued for negligence since the decision of the House of Lords in Arthur Hall & Co v Simons (July 2000)
If after you have had dealings with a barrister and felt dissatisfied with their service you could complain to the Complaints Commissioner, appointed in
1997, to replace internal investigations by the Bar Council. A Complaints Commissioner can refer complaints to a Complaints Committee who can then
require barristers to reduce, refund or

The Availability Of Legal Aid
Justice is at the heart of a democratic society. It means laws should apply equally to all, and that everyone should have the right to a fair trial. It is
part of our rights as human beings and we ought to be able to bring our dispute before an independent judge for them to be settled. This essay seeks to
look at the availability of legal aid in the 21st century and if it is still "open to all, like the ritz hotel" like suggested by Sir James Mathew.
"What does "access to justice" mean, if not a fully FUNDED legal aid system? Is it a noble aspiration that should lift our hearts, or is it a load of
meaningless tosh peddled by politicians and lawyers to suit their own self–serving ends?" . Before we can begin to look at Legal aid and its excerpts,
we must explore Access to Justice and what it means in relation to the subject matter. Access to justice means knowing and being able to enforce
your rights and duties, having access to courts and tribunals. Access to justice is not the same principle with legal aid, rather access to justice is the
principle of being "treated fairly according to the law and if you are not treated fairly being able to get appropriate redress". "That doesn 't just mean
access to lawyers and courts. It means access to ombudsmen, advice agencies and the police law. It means public authorities behaving properly. It
means everyone having some basic understanding of their rights. It means making law less complex and more intelligible" .
Why should we

Factors That A Barrister Owes And The Ethical Dilemma That...
List of Contents:
1.Introduction.................................................................. 2
2.Main Body.................................................................... 2
2.2.1. Duties to client......................................................... 2
2.1.1. M.H. Freedman's Theory of "Zealous Advocacy"............ 3
2.1.2. Contrasting Theory of J. Noonan................................. 3
2.2. Duties to Court.......................................................... 3
2.2.1. Misleading the Court................................................ 4
2.2.2. Point out the relevant law.......................................... 4
2.2.3. Preserving Independence........................................... 5
2.2.4. Extent of Duties to Court.......................................... 5
2.3 Duties to Administration of Justice................................. 5
2.4. Barrister's Morals..................................................... 5
3. Conclusion..................................................................... 6
4. Bibliography.................................................................. 7

1. Introduction: This essay discusses the various duties that a barrister owes and the ethical dilemma that arises when such duties are at opposing
ends. A barrister owes a duty to the client to act in the way that his client's best interest are protected and the purpose of his representation in the eyes
of the client is achieved but will that justify that incurring harm to the society at large or to the court remains a question to be considered. A barrister
must act in the best of interest of his client but such a strict approach will render it difficult for the barrister to fulfill his duties which are owed to the
court and to the administration of justice and duty to act with honesty and integrity . If such duties at some point are in conflict what should a barrister
do in such

Is This A Criminal Case Or A Civil Case?
PART B
Question 1: Is this a criminal case or a civil case? Provide an explanation for your answer. Give an example of each.
Answer: This would be a civil case as it is a dispute between two private parties. The liable action has been brought by Ancon Construction who have
carried out works to a house belonging to Jenny a web developer from Sligo Jenny has refused to pay them as she claims that the work was not carried
out to the required standard. The defendant has also set up a website which has slandered Ancon Constructions name. There have not been any criminal
actions carried out against the plaintiff and their main priority is the payment of monies owed and the removing of the website. While criminal law is
concerned with the protection ... Show more content on Helpwriting.net ...
Question 2: Explain the terms plaintiff and defendant. Identify the plaintiff and the defendant in the case above.
Answer: The Plaintiff is the party or individual who initiates a law suit before a court. They will in turn seek a remedy from the accused party. A
Defendant is the person or company who a legal case has been brought against. In the above case Jenny is the defendant while Ancon Construction is
the plaintiff.
Question 3: Does the case involve private or public law? Provide an explanation for your answer. Give an example of each.
Answer: The case above involves private law. Private law is concerned with the relationship between people or companies in this case Jenny and Ancon
Construction. Public law on the other hand concerns itself with matters between people and the state. Jenny has not committed any crime against the
state and the particular grievance is between her and another person or company.
Question 4: Explain the role of a solicitor and a Barrister.
Solicitors and Barristers are both types of Lawyers. However they have many differences and roles which I will attempt to

Edmund Barton: Barrister
Edmund Barton is a risk–taker after 3 years of his presidency he resigned to become a Barrister in the High Court he risked his career to pursue a
new one. Barton is also a thinker as he noticed that Australia needed federation and leaders which is when the constitution was formed overall
Edmund baton represented all of the learner profiles in his everyday life as a barrister a speaker and the prime minister.
Edmund Barton Born 18th January 1849 and died 7th of January 1920. He was federated in 1901 to 1903. 1901 is the same year when WesternAustralia
ended their colonisation and joined the country/Commonwealth of Australia.
Edmund Barton Attended the University of Sydney and was a high achieving student. Edmund studied there to become a Barrister which he did in
1871 when he completed his studies. Five years after becoming a barrister he contested for a seat in the legislative council and was rejected. He ran
again the next year and was rejected once more. In 1879 he contested once more and won the election. The following year he was appointed a member
of the electoral ... Show more content on Helpwriting.net ...
He was a member there from 1882–1887. At that very time, he was the Speaker of the Legislative Assembly then becoming the youngest member at the
age of thirty–three. In 1884 he became the president of the "University of Sydney Union".
From 1887–1889, Barton was made the Attorney General of the government lead by George Dibs. Which belonged to the "Protectionist Party" of
Australia. Baton was a supporter of Australian Federation, this Bill was made to unite the six colonies into one commonwealth.
Continuing of the Bill to unite the six colonies Barton helped the creation of the Australian Constitution he insisted on many things to be apart of the
Constitution and most were not added and some we implemented later on like the bill for trade in the country be made restriction

The Cab Rank Rule
Research Essay
Introduction
Australia has taken from English Law in adopting the cab rank rule, encoded in The Victorian Bar Incorporated Practice Rules 2009 (Vic). This essay
will discuss the application of the rule, the strengths and weaknesses and will conclude to discuss why the rule should remain an integral part of the
Bar despite many calls for its abolition.
What is the "cab rank principle"?
The cab rank rule states that a lawyer practicing solely as a barrister must accept a brief in a field they profess to practice. Barristers are professionally
bound by this duty if the brief is in the barrister's capacity, skill and expertise; the barrister is available to appear and is not committed to other
engagements which may inhibit ... Show more content on Helpwriting.net ...
The second rationale behind the cab rank rule is that is protects barristers from adverse consequences that could arise from accepting a contentious
brief. A barrister may be subjected to public scrutiny or criticism from those who believe the barrister is sympathizing with a repugnant criminal.
Yet, with the existence of the cab rank rule, the obligation to accept the brief provides the barrister with a justification. In theory, this is an essential
strength of the cab rank rule, however, in practice in may be redundant. This rationale is on the premise that the layperson is aware of the cab rank
rule, a proposition that is far from the truth. In 2010, Brian Walters, a QC, was running for the Greens and his Labor opponent attacked him for once
taking a brief for a brown coal company. The fact that a politician is not aware of the cab rank rule suggests that members of the general public would
also be unaware of the rule, thereby denying barristers the protection the rule purports to give.
Lastly, a barrister must refuse to accept a brief if they would be placed in a conflict of interest or would otherwise be detrimental to the administration
of justice. However, the barrister holding strong moral views inconsistent with the subject matter is not reasonable ground to refuse a brief. If the client
still wishes to proceed despite the barrister's

Letter To Asbo Case Study
To Your Honour HHJ Pawlak
I am writing this letter to explain to you how I feel and to also to give my side of the recent events of my case.
My Appeal has been put back twice already and this is obviously very distressing for me, the on goings of the Asbo case has been pursued since
2014. I would also like to apologise in advance for the length of this letter, but I feel this is the only way to put across my true account of what has
since transpired between myself and my solicitors, so for any person of interest to be able to take an insight of the matters of concern in advance of
the up and coming dated hearing, that is booked for court on the 21/09/2016.
The last mention hearing was dated 16/09/2016 for this case, in regards to discloser. ... Show more content on Helpwriting.net ...
I also wanted to ask him questions about my human rights in regards towards the two article sixes referring to the rights to a fair and speedy trial
that had been handed to the court on two different earlier hearings to which Mr Andy Locke had not seen before as he was not present at the past
couple of court hearings. He explained that the schedule was what the judge had asked for on the 04/04/2016 my mother replied this was not all the
judge had asked for. Without replying Mr Locke walked towards the courtroom we followed and it was at this point I said to him I feel that I should
represent myself because I felt I was not being heard.
On entering the court Andy Locke addressed the Judge and said I did not want him to act for me. The Judge informed Andy Locke to remain in the
court room, the judge asked what the case was listed for and the CPS addressed the Court and answered, they said to the judge that I had been sending
letters to the court and CPS myself, this is not the case and I did not understand there comment.
I was then addressed by the judge and to his questions I replied yes I did want Andy Locke to be my barrister; I just wanted time to speak to him so for
both of us to each be clear of the reasons that I had asked for the case to be relisted due to non

The Issue Of Term, Legal Profession
The issue of term "Legal profession" insists of people who work in legal environmental or in the Government . As a first year Law student, I am
learning about an overview of the legal profession; for instance, Legal method and Skills or Legal Systems that definitely influence my career in
the future. After two first weeks studying, my plan future is becoming a solicitor right after I get the Law Degree. The thing that affected my
prompt decision in studying Law is my motivation. Last year, I was attending to Business Law that was one of the units in my Business Diploma
course. During that semester, the Business Law was deeply attracted to me with not only knowledge about contract law or tort law but it also
explained the Australian legal hierarchy or how I can solve the case law or legal matter in real life. All of that made me identified how important
of the law in this current society. To archive my target, I should repair carefully for my knowledge and other skills to become a solicitor. First of
all, knowing clearly all the term that related to the legal profession is very important. If I want to study about the law, I have to know what law is,
according to Gibson and Fraser 'law is rules, developed over a long period of time to control people's interaction with each other and set the standard
of regulation between single individual with other or individuals and government' . Additionally, it is very necessary for me to distinctly knowing about
the legal practitioner if

The Legal Profession Of England And Wales
One of the largest issues in developing a career in the legal profession is diversity as there is a perceived image of the legal sector being a
traditionally "white, male, middle class" profession. Harold Patrick and Vincent Kuman argue, "the concept of diversity includes acceptance and
respect. It means understanding that each individual is unique and recognizing our individual differences" . This essay will examine the social class,
educational and gender barriers underrepresented groups face in developing a career in the legal profession. The effectiveness of measures taken to
promote diversity in England and Wales will then be evaluated. This essay will go on to ultimately conclude that the legal profession in England and
Wales has become increasingly diverse over the years, although a significant lack of diversity does still exist within the upper tier of the profession.
The case in favour of diversity within the legal profession is incredibly strong. As Robert J. Grey JR, a partner at law firm Hunton & Williams argues,
"diversity is a critical element of our society" . The reasoning for this has been illustrated in a blog post published by 'Aspiring Solicitors'. It states
how "diversity in the legal profession plays a very important role in regard to formulating new approaches and tactics". This suggests that by bringing
individuals together from different backgrounds and with diverse views, it could lead to more innovative ways of thinking. As a result, it may

The Legal Laws Regulation Bill 2011
Introduction
The Legal Profession in Ireland is made up of two main divisions, Solicitors and Barristers.
The Profession and their practises have long been faced with recommendations for reform. The 1990 The Fair trade Commission Report into
Restrictive Practises in the Legal Professions is one such report giving recommendations for change and more recently The Competition Authority's
2006, Study of Competition in Legal Services. The OECD has also in the past released disapproving reports on the levels of competition within the
profession. It is fair to say most of the pressure for reform stems from outside the Legal Profession itself.
Up until now all these reports have purely been on a recommendations basis, however change ... Show more content on Helpwriting.net ...
The bar as they are collectively known is not regulated by statute. This means that currently the Legal profession in Ireland is currently largely
self–regulated.
When regarding Regulation of the profession, the 2006 Competition Authority's report summarises, that they would like to see the introduction of an
entirely independent statutory body entitled the Legal Services Commission to provide external regulation to the profession, it explains that The Bar
Council and The Law Society are the representative bodies for Solicitors and Barristers, this status requires them to lobby on their behalf of their
members. A conflict is created as they are also for the most part the soul regulators for the Professions. The Legal Services Commission proposed by
The Competition Authority suggestion still allows the representative bodies, some form of day to day regulatory function but it would be a
requirement that this function be held and operated completely separate from their individual duties as a representative body.
With regard to regulation, the 2011 Legal Services Regulation Bill puts forward the establishment of the Legal Services Regulatory Authority
consisting of 11 members, appointed by the government. Its aim, also to provide independent regulation separate from the professional bodies but it
intends to provide places on the board for them. The Bar Council of Ireland has raised concerns, they maintain that, if

The English Legal System Essay
The English Legal System The English legal system comprises of two different branches, barristers and solicitors. In the UK at the moment there are
around 9,000 barristers and they are known collectively as the 'Bar'. The governing body for barristers is the Bar Council, which acts as a kind of
trade union, safe guarding the interests of barristers and regulating barristers training and activities. All barristers belong to one of the 4 Inns – Inner
Temple, Middle Temple, Grays Inn or Lincolns Inn. There are no significant differences between any of the Inns. The majority of barristers work in
private practices and they work as individuals. Barristers aren't allowed to form formal... Show more content on Helpwriting.net ...
Employed barristers are at the moment mainly concerned with preparatory work and giving advice, rather than with representing cases in court.
The Access to Justice Act 1999 does however allow them to appear in court if they so choose. Barristers have rights of audience in any court and
they will usually be engaged by a solicitor on behalf of a client. There are currently over 100,000 solicitors in the UK. The governing body for
solicitors is the Law Society which is similar to the Bar Council in that it supervises training and discipline, as well as acting on behalf of the
profession as a whole. Solicitors work from offices, about 75,000 are currently in practice in towns, cities and villages throughout the country and
about 5,000 are employed as legal advisers to organisations such as local government, commerce or industry or in the Crown prosecution Service.
Some practising solicitors operate as sole practitioners but most are partners or assistant solicitors in firms, which vary in size from 2 to 200
solicitors. Solicitors in private practice deal with the public directly and many firms handle a wide range of legal work, including conveyancing,
divorce and related family matters, wills and probate, personal injury claims and criminal advice and representation. Solicitors can employ other
professionals but cannot enter

Difference Between Lawyers And Paralegals
The roles of lawyers, judges, lay people and paralegals have differences and also similarities. The two types of lawyers are solicitors and barristers.
The role of solicitors is to provide their client with support on the case. They can do this by providing them with advice on how they can get the
verdict they want in court. Since solicitors deal with mainly less serious cases they can advise them on issues such as personal injury claims.
The role of a barrister is to represent their client when they are on trial in and out of the court room. They provide the client with support outside the
court room by providing them legal advice. The barrister ensures to listens to the clients view of events then translate and structure it into a legal
argument for the court case and try to get the best possible results in court.
The difference between solicitors and barristers is the type of cases which they deal with. Solicitors deal with minor cases such as littering and
speeding on the other hand barristers deal with serious offences such as murder and rape. Also barristers are self–employed but solicitors are not.
Solicitors are employed by company's/firms. Another difference between solicitors and barristers is barristers are more qualified than solicitors.
Solicitors are not as qualified as barristers ... Show more content on Helpwriting.net ...
A judge is only needed in a case if the defendant pleads guilty. The judge must then ensure they give a fair sentence to the defendant by taking into
consideration previous cases and also the evidence/circumstances of the case. The judge must also ensure they are unbiased and give a fair final
decision. Judges must also decide their sentence based on previous sentences they have given for similar cases to ensure the defendant gets a fair
sentence. On the other hand a lawyer is someone who supports a client on a case. The clients whom the lawyer represents in court can either be the
defendant or the

The Work and Training of Barristers and Solicitors Essay...
The Work and Training of Barristers and Solicitors In the Western world, where the majority of employment occurs in the service sector, rather than
the primary sector as it does in the developing world, there are certain jobs that carry a very high status. Careers such as doctor, accountant and
lawyer are to name but a few of these high status jobs and it is lawyers that I am going to be focussing on in this essay. In England, since the 15th
century lawyers have been split up into two professions, barristers & solicitors. Solicitors have traditionally been the people who research cases and
barristers have traditionally had rights of audiences in court. There are 60,000 solicitors in the... Show more content on Helpwriting.net ...
Under the Solicitors Act 1974 it makes training regulations relating to examinations and articles. It maintains the role of solicitors, has a teaching
college and provides club facilities for its members. It is also responsible for the administration of the Legal Aid scheme in Civil proceedings. From
1980, to become a solicitor you needed to have, either a law degree, or a non–law degree; with the Common Professional Examination (CPE) and
partII exams or the legal practice course, a 2– year training contract and satisfy the Law Society as to his/her good character and suitability to practice
as a solicitor. This basically means that after finishing university a would be solicitor has to endure another four years of work at a possible cost to
them of ВЈ11,000 it is due to this extended period in education that a lawyer is held in such high esteem. Until the change made under the Courts &
Legal Services Act 1990, barristers with a few exceptions, the only people allowed to advocate in the superior superior courts which were, The House
of Lords, The Court Of appeal, The High Court, The Crown Courts and the Employment Appeal Tribunal. However, this has now changed, and there is
increasing competition between barristers and solicitors for this work. Barristers do some paperwork, drafting legal documents and given written
opinions on legal problems. Barristers are

Female Barristers
Thirdly, a barrier faced by women is the area of law practised in; 'Female barristers are more likely to conduct legal aid work than men, and are over
represented in certain types of criminal defence work particularly those relating to sexual offences and children'1. This is evident in the report
published in 2013 by the bar standard board which showed that '61% of female barristers were concentrated in family'2 law as opposed to '39% of
males'3, the men, dominated other areas including, criminal commercial and civil. The barrier this creates is the taking of silk and appointment
to queen's counsel; after 20 years as a Barrister when one applies for silk they would be denied based on the lack of development/ involvement in
notable complex cases, when concentrated in one area of law the likelihood of having ones work being noticed is slim and some women do not
apply based on this, as is evident in the Bar standard board report which showed that '75% of female barristers eligible to apply did not apply and out
of 25% of application 10%'4 were unsuccessful compared to '47% of eligible males not applying and 33% out of 53%'5 being accepted. The higher
court Judge Bobby Cheema Grubb was the first 'Asian female judge to be assigned to the Queen's bench ... Show more content on Helpwriting.net ...
for example the 'prohibition of discrimination of gender when assigned to an area of

What I Was At An Ethics Unit
it might be said
I OVERALL UNIT REFLECTION
The past few weeks have been tough and definitely not what I was expecting of an ethics unit. Week in, week out I find myself stumped by questions
I don't have the answers to. However more than ever before I am trying to come up with decisive answers regarding what my opinion is on certain
ethical issues, rather than just analysing the merits and demerits of other people's viewpoints.
II STRUCTURE OF REFLECTION
For my reflection I will be outlining the main practical skills that I have gained from this unit whether it be from the weekly readings, tutorial
exercises and/or online modules and material. The practical skills gained consist of intellectual, performative and affective skills all of which are
essential for practicing lawyers, however for the purpose of this reflection primary focus will be placed upon intellectual and affective skills.
III PRACTICAL SKILLS
A Intellectual Skills
The online modules and weekly readings have introduced me to legal concepts that I was not aware of before, thus increasing my intellectual skills.
Some of these concepts include:
1 Cab rank principle
This is a rule contained in the New South Wales Barristers' Rules which requires a barrister to accept a brief from a solicitor, provided they meet the
requirements set out and do not have reasons as outlined in Rules 95, 97, 98 or 99, for refusing. Whilst there are many exceptions to the rule I still
struggled with the idea of being made to

The Role Of Judges Lawyers And Lay People Within The...
Merit –compare and contrast the role of judges ,lawyers and lay people within the English courts.
In this task I will write a report about comparing the roles of judges, lawyers and lay people within the English courts.
Solicitors and barristers are both known as lawyers this term "lawyer" is used to describe anyone who is a qualified legal practitioner. One of the main
differences is the job role a solicitor is a legal expert who provides expert legal advice and they come into more contact with their clients who could be
people, groups or businesses. Whereas a Barrister represents the individual people and the organisation within the courts, they can also be
distinguished from a solicitor because they wear a wig and a gown in the court. One thing they both have in common is that they both can give
legal advice to their clients. On a day to day basis a solicitor will deal with the majority of the paperwork for example, writing documents, contracts
and letter this is all related to their clients .and take specific instructions from their clients, depending on where they are specialist in they will be
able to give useful advice on the legal action. Whilst a barrister would mainly focus on advocacy which is to represent their clients in court, they are
normally hired by a solicitors and take instructions from there. There main role is to represent their client cases in a persuasive representation in order
to get the best outcome for their client. The Legal services act 1990

The Regency Society During The Regency Period
During the Regency society, what made a man a true gentleman is still a confusing matter for many Austenesque and Regency readers (Grace). Many
of the 19th century occupations have vanished because of changes in taste, socials customs, and technological advances (Pool 235). While some of the
men during the Regency period were extremely wealthy, there were others that faced financial hardships (Grace). Most of time, the road of
apprenticeship often led to a successful life and good fortune (Pool 240). The most gentlemanly professions during the Regency period were the
clergymen, lawyers, and army officers.
Many of the men during the Regency period that desired to keep their status as a gentleman often went into a church profession (Grace). Many
gentlemen that were OxBridge graduates and younger brothers entered the clergy (Ray 189). For many families that had a steady, guaranteed
income, the church was a popular option for them (Grace). There were two different types of clergyman, vicar and curate. While being a clergyman
required no strenuous physical labor, it did require a Honors degree either from Oxford or Cambridge (Grace; Ray 189). For the most part, the gentry
class were the only ones that could actually afford a degree from Oxford or Cambridge to become a clergyman (Ray 189). Another job opportunity in
the church included the priest. The priests during this time were respected by society mostly because of their association with the church (Ray 189). In
the novel,

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