LEGAL PERSONNEL Barristers, Solicitors and Legal Executives

Objectives Explain the role of solicitors and barristers. Explain the qualifications and training of solicitors and barristers. Discuss the way in which recent reforms have led to a more fused profession. Evaluate the social background of solicitors and barristers. Discuss the role of legal executives and paralegals within the legal system.

Role of Solicitors There are over 130,000 solicitors practising in England and Wales. Solicitors’governing body is the Law Society and all practising solicitors must be a member. Solicitors are regulated by the Solicitors Regulation Authority. Solicitors are considered general practitioners of the law. They can work in private practice or employed by organisations such as the Crown Prosecution Service. Most of solicitors’ work comes from conveyancing, drawing up wills, drafting contracts, writing letters and family and matrimonial work. Solicitors do almost all advocacy in the Magistrates’ Court, but have also developed full rights of audience since the Access to Justice Act 1999, subject to accreditation under the Quality Assurance Scheme for Advocates.

Solicitors’ Training 4 GCSEs Law Degree Degree in another subject ILEX Professional Diploma ILEX Higher Professional Diploma Legal Practice Course (one year) Fellow of ILEX Training Contract (two years) Law Degree Legal Practice Course (one year) Training Contract (two years) Degree in another subject Graduate Diploma in Law (one year) Legal Practice Course (one year) Training Contract (two years) Discussion: Look at the following link and make a note of some of the criticisms of the training process for would-be solicitors: https://www.theguardian.com/law/series/student-guide

Solicitors’ Training Graduate Diploma in Law (one year) This is for those students who have not got a degree in Law. If they have a degree in another subject, they spend this year learning the core legal modules. Criticism: Ormrod Committee reported in 1971 that one year of legal education was not sufficient and that the main entry into the legal profession should be through a law degree. It is also expensive to undertake this course on top of what would have been an already expensive degree. Legal Practice Course (one year) This is a vocational course which teaches students the key skills needed to become a solicitor, to include client interviewing, drafting documents and letters and negotiation. It also includes administration skills, such as finance, marketing and the running of a solicitor’s firm. Criticism: the cost of the LPC is exceptionally high, averaging around £9,000 for the year. With graduates already having debts from University, it is argued that it is too expensive for many students. Training Contract (two years) This is where the student will work in a solicitors’ firm for two years, getting practical experience. The trainee will be paid, though not as much as a fully qualified solicitor. There is also the requirement that the trainee solicitor attends a 20 day Professional Skills Course where the student builds on the skills learned on the LPC. Criticism: There is a huge problem with over supply and many graduates of the LPC cannot get a training contract.

Role of Barristers There are nearly 13,000 barristers practising in England and Wales. Barristers’ governing body is the General Council of the Bar and all practising barrister must be a member of one of the four Inns of Court: Lincoln’s Inn, Inner Temple, Middle Temple or Gray’s Inn. Barristers are regulated by the Bar Standards Board. Barristers are usually self employed, although they share chambers with other barristers and share a clerk. Barristers are considered advocacy specialists, and work under the cab rank rule - this means that a barrister cannot turn down a case within their specialism. Barristers have rights of audience in all criminal courts, subject to accreditation under the Quality Assurance Scheme for Advocates. It used to be the case that anyone who needed a barrister had to go to a solicitor first, but from 2004 Bar Direct anyone can gain direct access to a barrister for civil cases.

Barristers’ Training Non-graduate mature student Law Degree Degree in another subject Graduate Diploma in Law (one year) Graduate Diploma in Law (two years) Membership of an Inn of Court. Attend x12 times Bar Professional Training Course Call to the Bar Pupillage 2 x 6 months

Barristers’ Training Membership of an Inn of Court You can choose to dine 12 times at the Inn of court, or you can take part in a weekend residential course. This gives students the opportunity to meet senior barristers and judges and immerse themselves in the traditions of the profession. Bar Professional Training Course (one year) This is a vocational course which teaches students the key skills needed to become a barrister, with a heavy focus on advocacy, as well as other skills such as conferencing, drafting, opinion writing and resolution of disputes out of court. Students will have to complete a Bar Aptitude Test on application to make sure only those who are likely to succeed gain a place on the BPTC. Criticism: In April 2015, Chair of the Bar Council raised concerns about the financial risk involved in taking the BPTC, claiming that “there are too many people spending too much money in order to train [. . .] with no realistic prospect of being able to make a start in the profession”. In London, the cost of the BPTC can be up to £20 000. Pupillage (2 x 6 months) This is the practical stage of the training where the trainee barrister becomes a ‘pupil’ barrister to a qualified barrister. The first six months involves students observing their “master” in court and assisting with related paperwork. In the second six months of pupillage, each pupil is responsible for a personal case load.

Queen’s Counsel Barristers are eligible to become Queen’s Counsel after 10 years of practice as a ‘junior’ barrister. Solicitors and barristers are both eligible for promotion to Queen’s Counsel if they have the required qualifications and experience. QCs are informally referred to as ‘silks’ because they are eligible to wear gowns made of silk. To become a QC, you have to have higher rights of audience and demonstrate the competencies in the Competency Framework to a standard of excellence. In 2016, there were 254 applications for QC: - 76% male, 22% female - 93% were barristers Source: www.qcappointments.org

Diversity in the Legal Profession Solicitors Source: www.lawsociety.org.uk The Law Society’s Framework for Equality, Diversity and Inclusion 2016-2019 Barristers Source: www.barcouncil.org.uk The Bar Diversity Profile 2014 Gender: Female: Male: 65% 35% Ethnicity: White: BAME: 71% 23% 79% 11% Age: <25 25-34 35-44 45-54 55-64 >65 5% 36% 29% 20% 10% None 0.42% 22% 30% 19% 6% 2% School attended: Fee paying: State: 44% 56% Discussion: What do these statistics tell us about the diversity of the legal profession?

Diversity in the Legal Profession Law Society Diversity and Inclusion Charter Diversity Access Scheme Minority Lawyers Conference Equality and Diversity Code Research these initiatives, and other measures being implemented to improve diversity in the legal professions and encourage under represented groups to the professions.

Legal Services Act 2007 COMPLAINTS REGULATION

Regulation of Solicitors Solicitors are regulated by the Solicitors Regulation Authority whose purpose is to protect the public by: - Ensuring solicitors meet high standards; - Acting when risks are identified They make sure that solicitors adhere to the principles set out in the Authority’s Code of Conduct. It has the power to fine up to £2 000, issue a written reprimand, close a firm, and prosecute in the Solicitors’ Disciplinary Tribunal which has the power to suspend a solicitor from practise or strike off a solicitor from the Roll of Solicitors. Source: www.sra.org.uk

Regulation of Barristers Solicitors are regulated by the Bar Standards Board whose purpose is to regulate barristers and their professional practice. They make sure that solicitors adhere to the principles set out in the Board’s Code of Conduct and can discipline any breaches of the Code. If the matter needs to be referred to the Disciplinary Tribunal It has the power to fine up to £50 000, issue a written reprimand, make the barrister complete further development training, suspend the barrister for up to 12 months from practise or disbar the barrister. They are responsible for: - setting the education and training requirements for becoming a barrister; setting continuing training requirements to ensure that barristers' skills are maintained throughout their careers; setting standards of conduct for barristers; handling complaints against barristers and the organisations we authorise and taking disciplinary or other action where appropriate. Source: www.barstandardsboard.org.uk

Complaints Created by the Legal Services Act 2007. Completely independent of other regulatory. The chairman is a non-lawyer and the majority of members must also be non lawyers. It deals with complaints against all sectors of the legal profession about poor service The Office for Legal Complaints also set up the Legal Ombudsman in 2010 which can make decisions about complaints. The Legal Ombudsman has the power to make the legal professional: - apologise to the client - put things right if additional work can correct the problem - refund or reduce any legal fees - pay compensation up to £30,000. Source: www.legalombudsman.org.uk

Legal Services Act 2007 Alternative Business Structures Prior to the Legal Services Act 2007, solicitors and barristers could not work together and there were restrictions on who could offer legal services. The Legal Services Act 2007 allowed anyone to apply for a licence from the Legal Services Board to set up a legal firm. This means solicitors and barristers can enter into business with non lawyers. Critics dubbed it “Tesco Law” because the idea is that you can pick up legal services with your shopping and the whole system becomes more accessible. Companies currently licensed as ABSs include the Co-operative, AA, Saga, Direct Line and BT. Discussion: Research was carried out in May 2014 on the success and failings of ABS’s. Read the report and make a note of the findings: http://www.sra.org.uk/sra/how-we- work/reports/research-abs-executive-report.page

The move towards fusion The UK is one of the few legal systems that operate separate legal professions, so what are the arguments for and against fusing the professions: Reduced costs, as only one lawyer would be needed instead of a solicitor and a barrister. More efficient, as only one person would be doing the work resulting in less duplication. More continuity as the same person deals with the case from start to finish. We are one of the only legal systems that operates a divided legal profession. Possible decline in the area of specialism, especially in relation to advocacy. Loss of the independent Bar. A barrister currently provides a second opinion, fusion would lead to a loss of objectivity. Cab Rank rule would also be lost – could this result in people being without representation? Arguments in favour of fusion Arguments against fusion

Legal Executives Legal Executives are qualified legal professionals who have passed the Chartered Institute of Legal Executives (CILEx) examinations. The qualifications are in two stages: - Level 3 Professional Diploma in Law and Practice (equivalent to A-level Law) - Level 6 CILEx Diploma in Law and Practice (equivalent to degree) In addition, the trainee has to complete three years’ vocational experience in a solicitor’s firm, during which time they usually work as a paralegal. When the qualifications have been achieved, the student can become a Chartered Legal Executive if they have been admitted as a Fellow of CILEx. Fellows can appear for clients in certain courts and can apply for appointment to the judiciary as a deputy or district judge.