Legal Personnel

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1
What is legal personnel?
Refers to the qualified profressionals who provide legal services within the legal system. It encompasses barristers, solicitors, and legal executives.
2
Who are barristers?
Specialist legal advocated who work on self-employed basis, typically operating from chambers. Their work is highly specialised and focused on advocacy and expert legal advice.
3
What is the role of barristers?
Court advocacy and representation - Have rights of audience in all courts.
Briefing and instruction by a solicitor on behalf of a client.
Provide specialist legal advice - known as counsel’s opinion and helps clients and solicitors understand the legal merits and potential outcomes of their cases.
Queen’s Counsel - the most experienced and skilled barristers may be appointed as QC who handle the most serious, complex or high-profile cases and command higher fees
Legal drafting - prepare detailed legal documents required for court proceedings, ensuring technical accuracy.
Employment - Most work in private practice from chambers but some employed are employed directly by the CPS.
4
Who are solicitors?
They form the largest branch of the legal profression and their roles vary depending on whether they work in small law firms or larger commercial practices.
5
What is the role of solicitors?
First point of contact for individuals or businesses requiring legal advice, Provide guidance such as conveyancing, family law, employment law and commercial matters.
Advocacy in lower courts - In Magistrates’ Court and County Court. Qualifications required to appear in higher courts.
Instruct barristers - Organise and instruct a barrister to represent clients.
Written legal work - handle extensive written communication on behalf of clients.
Document preparation. - draft various legal documents, including contracts, wills, trusts property transfer ensuring legal validity and protecting their clients’ interests.
6
Who are legal executives?
Fully qualified lawyers who have gained their qualifications through a different route than solicitors or barristers.
Specialise in one particular area of law and work alongside solicitors in law firm.
7
What is the role of legal executives?
Client advice in straightforward cases within their area of specialisation.
Limited advocacy rights, generally represents client in lower courts, but is limited compared to solicitors or barristers.
Specialist legal advice - develop deep expertise in specific practice areas in conveyancing, personal injury claims, debt recovery etc.
Document drafting - Prepare legal documents such as contracts, wills and court paper within their expertise.
8
Why is regulation necessary?
Describes the process through which the conduct and profressional standards of individuals or groups are monitored and governed by an authorised body. It is essential to maintain public confidence and protect clients.
Without proper regulation, legal professionals could act unprofressionally, negligently without consequences.It ensures lawyers maintain high standards of profressional conduct, competence, and ethics and is governed by the Legal Services Act 2007.
9
What is the regulation of barristers?
Regulated by the Bar Standard Board, which operates independently of the Bar Council.
Education and training standards - Includes academic, vocational, and practical training stages. It mandates continuing profressional development through a career.
Professional conduct - A code of conduct that governs how barristers should behave professionally.
Complaints and discipline - the BSB investigates complaints and take disciplinary action. Sanctions include fines, suspension from practice or complete disbarment.
Can be sued for negligence if they fail to take reasonable skill and care.
10
What is the regulation for solicitors?
Regulated by the Solicitors Regulatory Authority which operates independently from the Law Society.
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