introduction to the legal professions btec applied law – september 2014

Introduction to the Legal Professions

BTEC Applied Law – September 2014

Aims and Objectives• Our aim is to introduce

you to the main legal professions within the ELS,by:-

• Investigating the main professions

• Identifying and explaining the qualification routes to each profession

• Explaining and Analysing the type of work done by each profession

• Engaging in group research

• Completing task 1 and 2 of your assignment

Start thinking…

• Who makes up the legal profession in England?

• What do they do?

• You have 2 mins to write your answers on your mini white boards

The main professions are considered to be:-

• Barristers• Solicitors• Legal

Executives• Q:- Why are

judges not included in these groups?

Barristers – General Facts

• About 10 000 in practice• Known as the Bar• Profession body = General

Council of the Bar• Self employed practice

from Chambers, employed from various businesses

• Must be a member of an Inn of Court

• May be a junior Barrister or a QC

Barristers – Training Routes

Join an Inn of Court (Inner or Middle Temple, Gray’s or Lincoln Inn)Either dine x 12 or weekend course

Call to the Bar

Pupilage (2x 6 Months)

Law Graduate Non-Law GraduateNon-Graduate

Mature Student

1 year GDL 2 year GDL

Barrister

1 year Bar Professional Training Course (BPTC)

Solicitors

• Over 100 000 in UK• 75 000 in private

practice• Work in partnerships

or firms (some sole practitioners)

• May be employed as junior solicitor, associate, salaried partner or equity partner

• Governed by the Law Society

Solicitors – Training Routes

Practice as a Solicitor

Admitted to the Roll of Solicitors

2 year training contract

Legal Practice Course

Law Degree

Practice as a Solicitor

Admitted to the Roll of Solicitors

2 year training contract

LPC

GDL

Non Law Degree

Practice as a Solicitor

Admitted to the Roll of Solicitors

LPC

Be admitted as Fellow of CILEX

Work for 2 years in solicitors office

CILEXNational Diploma in Law followed by Higher National Diploma in Law

4 GCSE's

Legal Executives - activity

• Watch the following video and make brief notes on what a legal executive is, and what type of people this branch of the profession may appeal to.

Legal Executives – Learn as you earn

4 GCSEs

CILEX National Diploma in Law (General principles of Law)2yr day release

CILEX Higher National Diploma(Specialise in 3 areas of law)2 yr day release

2 further years of working

Become Legal Executive (Member of CILEX)

Summary…

• In the main, there are three main professions within the English Legal System:-

• Solicitors• Barristers• Legal Executives• Judges are not normally included in

this branch as you cannot specifically train to be a judge without first pursuing one of the accepted professions.

Group activity…• In the groups allocated to you

research your given topic using at least three different websites, two different text books, and as many other resources as you can find! The more the merrier!

• As a group you must produce a powerpoint presentation that deals with each of the key questions. You can ask for your “clues ” or to gain extra marks try to answer the “aim high” case reference points.

• You will deliver your presentation to the rest of the group and they will complete a worksheet based on your research.

• You have only one lesson to complete this task.

Legal Profs cont’d

• Aim: to consolidate our understanding of the legal professions

• Objectives:• Complete legal

executives presentations

• Compare and contrast the professions

• Complete any gaps in booklet

Starter….

Legal Executive Presentations:-

And now…

• Based on all of the feedback from the presentations you will be able to complete the next parts of task 1 and 2 of your assignment!

• Don’t slack… your success is dependant on the level of work you put in now!

Task 1…

Working with your own group you must complete all the gaps in your handout in relation to your chosen topic.

Task 2

• Now we will move into new groups containing a rep from Solicitors and Barristers.

• You must now assist each other in completing any gaps in the sections of your handout which are not yours!

• Good luck

Plenary…

• Complete the learning triangle…

Don’t forget!

• Activites/roles of Barristers:– Work in chambers– Advocacy– Drafting documents– Give opinions– Guide pupils

• This is applicable to both civil and criminal law

• Activities/roles of solicitors– Prepare wills (civil)– Perform conveyancing work (civil)– Represent client in lower courts, unless trained for higher

courts (criminal and civil)– Provide clients with advice and representation (civil and

criminal)– Negotiate settlements (civil)– Negotiate pleas (criminal)– Write letters (civil)– Interview witnesses (civil and criminal)– Collect and collate evidence (civil and criminal)– Issue proceedings (civil)– Instruct experts (civil and criminal)

Complaints against solicitors

• The Consumer Complaints Service– Aim is to ‘work for excellence and fairness in

guarding the standards of the solicitors’ profession’

– Deals with complaints regarding; delays, costs, lost papers etc.

– Access to Justice Act 1999 gives power for Law Society to inspect files and accounts.

– Legal Services Consultative Panel has been set up which will report to LC on effectiveness of Law Society’s regulation of its members.

Complaints Against Barristers

• No contract between barrister and client – no party can sue re: fees (B) or breach of contract (C)

• Client can sue for professional negligence (Hall V Simons)

• Barristers can be sued for negligence in respect to written advice and opinions (Saif Ali V Sydney Mitchell)

The Legal Services Ombudsman

• An ombudsman is appointed to protect the interests of people in their dealings with public authorities and public bodies

• Court and Legal Services Act 1990 created Legal Services Ombudsman to deal with complaints against members of the legal profession, and how regulatory

bodies (LS, BC and CILEX) deal with complaints.

• Ombudsman make recommendations based on investigation. Formal response from regulatory body is required within 3 months. Common recommendation is for body to make payment of compensation.