introduction to the legal professions btec applied law – september 2014
TRANSCRIPT
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.