Transcript The Legal Profession

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The Legal Profession
by Dr. Peter Jepson
Prior to this lecture you should
have read and précised …
Chapter 15 of
‘The English Legal System’ by Jacqueline Martin.
No chatting in this Lecture
Switch off any mobile telephones
Take notes
Raise your hand if you wish to ask a question
Do not eat food in this classroom or leave any
litter. When you leave the classroom please
put your chair neatly underneath the desk.
Types of examination Q’s
The training of Solicitors and Barristers …
The work of Solicitors and Barristers …
Control of Solicitors and Barrister …
Reform proposals …
Solicitors
Over 100,000 practising in England &
Wales
Controlled by the Law Society.
Like Barristers they have three stages of
training (sub-headings):
(1) Academic, (2) Practical, (3)
Professional.
Solicitors training
There is also a non-graduate route undertaken through ILEX.
Each student to re-produce in class - and in
a different format - Figure 15.1
Three students to present to class one of
each of the three routes to becoming a
solicitor.
Solicitors: 3 stages of training:
Three sub-headings for 3 stages of training …
Academic stage, Vocational Stage, and
Professional/practical stage.
Solicitors can specialise in one area of law. But (Subheading - Academic Stage) they still need a Law
Degree or CPE –provides general subject
knowledge.
Solicitors - 3 stages of training
Then must also do the (Sub-heading - (2) Vocational
Stage) Legal Practice Course (at the College of
Law or authorised University).
-Then (Sub-heading - (3) Professional Stage) a
period of apprenticeship as a Trainee Solicitor
(who is paid).
Enrol with the Law Society (Master of the Rolls).
Solicitors…
Seen as ‘General Practitioners’.
Prior to the Courts and Legal Services Act 1990
they were the only way of approaching
barristers.
Now other professionals, such as accountants,
may approach barristers directly.
Solicitors work …
What do solicitors do?
In what way can they specialise?
What is conveyancing?
What does a right of advocacy mean?
What is a certificate of advocacy?
Complaints against solicitors
Clients can sue a solicitor for breach of contract or
negligence (see Griffiths v Dawson [1993])
What happened in the case of White v Jones [1995]?
What mechanism exists for complaints against a
solicitor?
What is the role of the Legal Service Complaints
Commissioner?
What powers does the Legal Services Ombudsman have?
What is a Multi-discipline partnership?
Why do Multi-discipline partnerships currently not exist?
What could be the advantages and the disadvantages
of multi-discipline partnerships?
With the person next to you - draw up a list.
Barristers …
Senior Branch of the Profession
12,000 in independent practice in
England & Wales.
Provide advocacy and written advice.
Controlled by ‘General Council of the
Bar’ - can you name the four Inns?
Barristers Training…
(Sub-heading) Academic Stage…
Law Degree or any other subject
plus CPE.
(Sub-heading) Vocational Training…
One year bar course.
Barristers training:
(Sub-heading) Professional stage
Membership of one of 4 Inns
– 12 dinners –
Call to the Bar.
Practical Training…
Pupillage of 2 x 6mths.
Barristers …
Once qualified – most become self-employed.
Can wait for up to 18 months to be paid.
Cannot sue for fees - What is the cab rank rule?
What is a QC - How can I become one?
Who used to appoint QC’s and why was it criticised?
Are women and ethnic minorities fairly represented?
What is the current method/system for appointing QC’s?
Criticism…
This leads to the assumption that Barristers
need to come from wealthy middle-class
backgrounds.
The Bar has developed an
aloofness from the general population.
Control Over Barristers
By Bar Council Benchers
Who set training and investigate complaints.
Legal Services Ombudsman may investigate
complaints about the way the Bar Council
has investigated a complaint.
Paid an ‘Honorarium’
In Rondel v Worsley (1969) - bad
advocacy cannot give rise to negligence
actions.
Salif Ali v Sidney Mitchell & Co (1977)
agreed with this, but said that they can be held
liable for negligent advice before a court
action.
Hall v Simons 2000
http://www.parliament.the-stationery-office.co.uk/pa/ld199900/ldjudgmt/jd000720/hall-1.htm
House of Lords asked to decide if a Solicitor
and/or Barrister can be liable for negligence
in advocacy and written situations.
(In the Court of Appeal, it had been had held
that the solicitors and/or barristers could be
liable for their negligence.)
See following slides for case outline…
Judges arguing for both Civil and
Criminal negligence liability …
Lord Steyn & Hoffman.
While Lord Browne-Wilkinson seemed to
accept civil and criminal Liability, he
argued that criminal would be struck out
unless appeal was first successful.
Saying NO to Criminal Liability
in Negligence
Lord Hope & Hutton
Civil liability YES – but NO to criminal
liability.
Lord Hobhouse
rejected Browne-Wilkinson
argument and preferred civil liability only.
Thus, they are so far equal. However,
…
Hall v Simons outcome…
Lord Millett – supported liability for negligence in
Civil and Criminal trials – saying formidable
safeguards exist because D cannot challenge until the
judgement set aside on grounds of an abuse of
process of the court.
Thus, the ratio decidendi of the case is that a
barrister and/or solicitor can be liable in
negligence for advocacy or written advice.
Recent Changes…
Since the Court and Legal Services Act
1990
barristers have lost their monopoly over
advocacy in higher courts. Now
solicitors have a right to become
certified advocates.
Can you give examples of higher
courts?
Criticism of Training
Michael Zander argues that both the
academic and vocational stages of training
should be improved. He argues that Law
Degrees should include preliminary training
in areas such as drafting documents and
developing interview skills.
Criticism of Training
Zander further argues that both pupillage
and training contracts can be ‘infinitely
variable’ in quality ‘ranging from excellent to
deplorable depending on where they are
undertaken’.
Criticism of Training
Zander suggests that more integrated
training is needed, like that undertaken by
medical students, with better links between
the academic and vocational stages.
Reform of Training?
The Lord Chancellor’s Advisory Committee
(ACLEC) in a 1996 report suggested that
the two branches should no longer have
separate training programmes at the postgraduate stage, Instead, all students should
take a Professional Legal Studies course …
Reform of Training?
This ‘Professional Legal Studies’ course
(taken by students after they have a law
degree or degree in another subject plus
the CPE) would last around 18 weeks. Only
then would students decide which branch of
the profession to choose – going on to take
the ‘Legal Practice Course’ or ‘Bar
Vocational Course’.
Funding of Training
Charter 88 argue that students should be
funded throughout their legal training – so
as to open up the profession to the most
able candidates from a variety of
backgrounds and regardless of means.
Who Deals With What
(a Solicitor or Barrister)?
 A conveyance of land?
 Dealing with a person accused of a
summary offence?
Dealing with a breach of contract?
Dealing with a Divorce?
Taking an appeal to the House of
Lords?
Legal Executives…
Professionals – educated via the Institute of
Legal Executives (ILEX)
Need just 5 GCSE’s – practical experience and
5 year training.
Must be supervised by a Solicitor – but they
can convert their qualification through a Law
Society Legal Practice Course.
Para-Legals
(Strode’s College)…
USA term - often refers to a partly qualified
legal secretary.
In England and Wales Para-Legal Association set
up in the late 1980’s – aimed at those who lack the
educational qualifications to take the ILEX course.
Can only work with legally qualified personnel – often
doing office work (Local Govt, Commerce etc) …
Licensed Conveyancers
Qualification first introduced in 1985 to break
Solicitors monopoly on conveyancing.
Must have some practical experience and take
professional exams. Need not be supervised by a
solicitor.
Many now work for banks and building societies
- assisting in mortgages and conveyancing (as a
result of the provisions of The Courts and Legal
Services Act 1990).
Fusion
Fusion used to be a major debate.
However, the Courts and Legal Services
Act 1990 and the Access to Justice Act
1999 mean that barristers and solicitors can
take a case from start to finish.
Fusion …
Under the AJA 1999 barristers have a right
to do litigation (prelim work in starting a
case). Solicitors now have wider rights of
advocacy in all courts.
Activity …
Produce some notes - presenting them to
class - on the Legal Services Bill 2006.
Women and ethnic minorities
Legal profession has an image of being
white and male dominated.
However, over half of the entrants to the
profession are now women.
Though, only 12% of Q.C.’s are women?
Also, only 23% of solicitors partners are
women! Why is this?
Break into Law Firms …
Answer the Questions on page 239/240.
Produce a detailed essay plan for the
examination questions on page 241 (each
Law Firm should present to class using the
whiteboard).