1. UNIT 1: SECTION 1B –
THE LEGAL SYSTEM
THE LEGAL PROFESSION AND OTHER
SOURCES OF ADVICE AND FUNDING
OBJECTIVES:
KNOW WHAT IS MEANT BY THE TERM LAWYER
BE ABLE TO DESCRIBE THE QUALIFICATIONS, TRAINING AND
WORK OF BARRISTERS
BE ABLE TO DESCRIBE THE QUALIFICATIONS, TRAINING AND
WORK OF SOLICITORS
KNOW THE ROLE OF THE BAR COUNCIL AND THE LAW SOCIETY
KNOW KEY TERMS: PUPILAGE, BAR STANDARDS BOARD,
BARRISTERS CLERK, ILEX,
2. STARTER ACTIVITY
List different types of Lawyers
Define the following terms:
1. LPC ----
2. CPD ----
3. GDL ---
4. Law Society ---
5. Pupillage ---
6. Bar council ---
3. LAWYERS
• Two main branches in the legal profession
BARRISTERS & LAWYERS
• These branches are traditional and
Have RIGHTS OF AUDIENCE ( right to appear and
speak on behalf of their client) in court
• LEGAL EXECTUTIVES: specialist employees of
solicitors. They work in areas such as
conveyancing, debt recovery or wills. Do not
have same right of audience in court as the
lawyers
4. The legal profession
• No common training for lawyers – although a call for
this
• 1994 Lord Chancellor’s advisory committee on legal
education, under Lord Steyn, recommended that,
instead of having separate training for barristers and
solicitors, ‘the two branches should have joint training’
• Suggested solicitors should work for 6 months or a year
at a solicitors and barristers go on to do extra training
at the Bar.
• Despite these recommendations, the training remains
separate for the two professions.
5. SOLICITORS
• Key term: A legal professional who
Advises clients about the Law and acts on behalf of clients in legal matters
• The usual first port of call when someone recognises that he needs
legal advice is to contact a solicitor.
• They are general practitioners of the legal world and deal with all
kinds of legal problems
• Work in private practice, firms or solely
• Unlike barristers, they can form partnerships
• Solicitors can be found in local government, law centres, the civil
service, commerce and industry
6. TRAINING FOR SOLICITORS
• Law Degree Route:
GCSE’s or equivalent A levels or
equivalent Law Degree Legal
practice Course Training Contract
Professional Skills Course Admission
to the Roll
7. TRAINING FOR SOLICITORS
• Non-Law Degree Route:
GCSE’s or equivalent A levels or
equivalent Degree in subject other
than LawCommon Professional
Examination Legal practice Course
Training Contract Professional Skills
Course Admission to the Roll
8. TRAINING FOR SOLICITORS
• Non-Graduate Route:
GCSE’s or equivalent enter the Legal
profession Institute or Legal Executives
Part 1Institute of Legal Executives Part
2 2 years Legal Experience Be
admitted as Fellow of ILEX Legal
Practice Course Professional Skills
Course Admissions to the Roll
10. The academic route
• The bar council (representative body for barristers)
and the Law society(rep body for solicitors) require
students to complete a qualifying Law degree that
includes seven key topics: public law, EU law,
Criminal Law, contract, Tort, property and trusts :
Average cost of a 3 year degree £9,000
• Non-law graduates – GDL(graduate diploma in
law)/CPE(common professional examination) must
be completed covering the same key topics. Studied
in 1 year full time or 2 years part time: cost £7,000
11. Academic route for Solicitors
• The law graduate route – successfully completing a qualifying law degree.
Must achieve the pass mark for each of the foundations of legal
knowledge subjects.
• Degree remains valid for seven years, after that becomes stale. To ensure
solicitors have up-to-date basic legal knowledge
• Non-graduate route is exactly the same as for barristers
• Non-graduate route: different regulations for those who are non-
graduates and those who are members of the institute of Legal Executives
(ILEX) . Route not available for person wishing to become Barrister. Non-
grad may be able to undertake CPE/GDL, if they are mature student and
hold other academic / vocational qualifications. Mature student must be
over 25 yrs and suitable work experience and good education. All at the
discretion of the Law society
• ILEX route – must pass examinations in the foundations of legal
knowledge. Members of ILEX.
• LPC – business law, property and civil / criminal. Practical legal research,
writing, drafting documents, interviewing - £10,000
12. QUIZ
• 1. What are the two main branches of lawyers?
• 2. what is meant by right of audience?
• 3. What did the Lord Chancellors Advisory suggest?
• 4. what is the definition of a solicitor?
• 5. What are the 3 academic routes to becoming a solicitor?
• 6. What is the cost of a degree?, CPE? & LPC?
• 7. Name one compulsory topic that needs to be covered in
the Law degree
• 8. When does the law degree become invalid?
• 9. What is the role of the Law society?
• 10. What is the purpose of the CPE?
13. VOCATIONAL STAGE: SOLICITORS
• After degree still not a qualified solicitor
• Must obtain a training contract – work in solicitors firm for two years and get
practical experience: will work in three areas of law such as personal injury,
conveyancing, company, environmental or criminal litigation.
• Can also do training in the crown prosecution service or legal department of a
local authority
• Trainee will be paid but not the same rate as fully qualified solicitor and will do
own work supervised by solicitor. Aim to regularly review and as time goes on
the trainee will deal with clients and learn to handle cases without supervision
• Have to do 20 day Professional skills course which builds on the skills learnt on
the LPC.
• On completion – trainee admitted as a solicitor and get practising certificate.
Licence to work as a solicitor must get renewed annually.
• Must continue professional development - must update on the law and The
solicitors Regulation Authority requires that all solicitors complete 16 hrs of
continuing professional development activities per year. Must also complete
law society's management course.
14. Work
Buy / sell property
Solicitors: Personal injury claims
Advising on matrimonial problems
Financial disputes
Immigration issues
Instruct barrister to represent them
in court
In civil matters – represent clients in
interlocutory hearings (hearings
before trials)
Appear in court in enforcement
proceedings ( repossession cases)
Criminal cases, often represent client
in Magistrates court – may make
defendants first bail application
15. BARRISTERS
• Key term: BRANCH OF PROFESSIONAL LAWYERS WHOSE
MAIN WORK IS TO GIVE SPECIALIST LEGAL ADVICE AND REPRESENT
PEOPLE IN COURT
• Usually referred to as the ‘Bar’ and they are controlled by their
own professional body – The General Council Of The Bar
• Must be a member of one of the four Inns of Court: Lincoln’s Inn,
Inner Temple, Middle Temple and Gray’s Inn (all situate near Royal
Courts of justice in London)
• Inns of court grant qualified status to barristers.
16. TRAINING FOR BARRISTERS
• Law Degree Route:
GCSE’s or equivalent A levels or
equivalent Law Degree (2:i) Bar
vocational course join Inns of Court
one year vocational training course
called to the BarBar examination
course Pupillage (professional
training) practise as a barrister
17. TRAINING FOR BARRISTERS
• Non-Law Degree Route:
GCSE’s or equivalent A levels or
equivalent Degree in subject other
than Law Common Professional
Examination/GDL Join Inns of Court
Bar vocational course bar examination
course called to the bar pupillage
practise as a barrister
18. TRAINING FOR BARRISTERS
• Non-Graduate Route:
Mature student CPE (LAW
DEGREE)membership of Inn of Court one year
BVC one year Bar Examination course call to
the Bar practising as non-practising barrister (no
rights of audience)
BE AWARE OF ADVANTAGES AND DISADVANTAGES
OF EACH ROUTE
19. BARRISTERS: 3 STAGES OF TRAINING
STAGE 1:
• Degree - £9,000
• CPE – £7,000
STAGE 2:
• BVC - £12,000( 1yr full time or 2 yrs. part time)
Topics covered include civil and criminal litigation
the law of evidence and criminal litigation, the law
of evidence and skills of drafting, opinion writing
and advocacy as well as legal research and fact
management
• Inns of Court: four training institutions – must join
one.
20. Inns of court
• http://www.barstandardsboard.org.uk/Educat
ionandtraining/aboutthebvc/joininganinn/
• Lincoln’s Inn, Gray’s Inn, Inner Temple and Middle Temple
• They grant qualified status to barristers
• Students must dine 12 times at their Inn – formerly involved dining with senor
barristers and networking. Today it involves educational sessions, lectures and
workshops and networking
• Have a library, common room
• They have the power to call a student to the bar and admission is required before
registration on BVC
21. BARRISTERS: 3 STAGES OF TRAINING
STAGE 3:
• Pupillage - professional sage of training under the supervision of an
experienced barrister. First 6 months is non-practising (shadow and work
with supervisor barrister) last 6 months is practising ( carry out legal
services and have rights of court
• Lots of competition for pupillage so mini pupillage is useful starting point.
It is a short period of work experience (usually few weeks) in a set of
chambers. Some chambers require applicants to undertake an assessed
mini-pupillage as part of the recruitment process, and others use it as
selection criteria. All applicants to the bar are advised to undertake at
least one mini-pupillage by the bar standards board.
• If pupil completes the year successfully and an opportunity is available,
he or she is awarded a permanent place in chambers, known as a
tenancy. There are twice the number of pupils as tenancies. Some
remain in their pupillage chambers until they secure tenancy somewhere
else
• Pupillage extremely difficult to obtain 2007/08 of 2,870 BVC students
only 419 went on to gain pupillage the following year (15%)
22. PAY
• Bar council sets minimum rate to be paid to
To pupils £10,000 per annum + travel expenses
• Qualified - £25,000-150,0000
23. WORK: BARRISTERS
• Barristers, who primarily work in chambers on a self-
employed basis, present cases in court and usually
specialise in one of several areas.
• These areas include criminal law, commercial law, and
common law.
• They will be expected to provide expert advice to
individuals including solicitors.
• Some barristers spend a lot of time in court, whereas
others spend more time in an office environment.
• Those involved with criminal law tend to be more focused
upon the court environment,
• whereas those involved with family or property law will
provide individuals with advice from a base in an office.
24. CRITICISMS OF THE TRAINING
PROCESS
• Expensive – debt owe large sums of money to pay BVC (approx
£25,000)
• not guaranteed job at end of training
• Inns of court monopoly broken. More providers offering BVC but
more applicants applying for same number of pupillage
• Candidates forced to choose a career as a barrister or solicitor at
too early a stage. Suggestions of law degrees expanded to include
courses that exempt students from vocational training
• Complex
• Competitive
• Difficult for potential lawyers from disadvantaged backgrounds to
succeed
25. Positives of training process
• In-depth
• Academic
• Vocational
• Professional
• Competitiveness prepares candidates for cut
and thrust of life in legal profession
• High standards monitored
26. TEAM RELAY:
winning team writes as much as they can
remember from this section
• KNOWLEDGE:
• 1. How are the LPC and BVC different in terms of
content and cost?
• 2. Name three criticisms of the training process.
• 3. Why is it now so hard to get pupillage, and is
this easier or harder than getting a training
contract? Give statistics to back up your answer.
• Define the following keywords: BVC, CPE, CPD,
LPC, Inns of court, Pupillage, training contract
