1. The Legal Profession
Part One:
Training & Work

2. If this is the answer, what is the question?
£65,000
Estimated cost of training to
be a lawyer in England and
Wales!

3. Training to be a Barrister or Solicitor:
The Academic Stage
This must include seven key areas
to be a “qualifying law degree”*
* Otherwise you might have to do more courses!
Qualifying Law Degree Non-law degree
The seven areas are:
CPE/GDL
Contract
Tort
Criminal
Public
Equities and trusts
Land
European union

4. Join an Inn
1 of 4, one off
Payment
£4m scholarships
Qualifying sessions
12 sessions:
Lectures, dining, education days, advocacy
weekends.
Bar Practice Training Course
(BPTC)
Taken over one year (FT) or two years (PT)
Often self-funded… costing over £9,500 per year
Focuses on the skills needed e.g. drafting and
writing opinions, advocacy, civil and criminal
litigation etc.
Register with SRA
Legal Practice Course (LPC)
Taken over one year (FT) or two years (PT)
Often funded by the training contract
provider, however this means that you have
to work for them for a while.
Costs… around £15,000 a year.
Solicitors Barristers
Compulsory Core Skills Elective
Business law
& practice
Property law
& practice
Advocacy
Account
Professional
conduct
Probate
EU/HR
Interviewing
& advising
Legal
research
Writing &
drafting
3 from a
range!
Called to the Bar
Training to be a Barrister or Solicitor:
The Vocational Stage

5. Let’s get a little more practical…
Solicitors
Training Contract
Two Years FT
Apply as early as
possible!
(2nd year of undergraduate!)
Vacation schemes
You will actually get
paid!
£18,590/ £16,650
Can go to a
• ‘magic circle’ firm,
• large multinational,
• local solicitor’s firm
• local government
• CPS etc.
At least 3 areas of
English Law
Contentious and
non-
contentious law
Professional Skills Course (Your TC provider must give you the time off and pay for it!)

6. Let’s get a little more practical…
Barristers
Pupillage
Divided into two
sixth month
periods
(known as ‘sixes’)
First Six
Non-Practising
•Observation;
• Shadowing;
• Drafting opinions;
• Observing in
court etc.
Pupil
supervisor
(used to be pupil
master)
Paid!
Minimum of £12,000
per six
Can be:
• at the
independent bar
(‘in chambers’)
• CPS etc.
Second Six:
Can practice/ take
instruction
Provisional Practice Certificate
End of first six…
Once completed the compulsory:
Advocacy training course
Practice management course

7. Entry onto the Roll
Assistant
Solicitor
Tenancy

8. Does the current system work?
How effective is the current system?
Point Explanation However
Too many people
are allowed on
the LPC/BTPC
Not enough
funding
Costs
Outdated
recruitment
ideas
Not enough
practical training
Should be more
„fusion‟ between
the lawyers in
training.
The introduction
of the aptitude
test is a positive
move forward
.
Need some
help? Hit the
board!
In 2011, 2,865 people completed the BTPC, but
only 436 obtained pupillage, and the numbers
are similar for the LPC. It is unfair to allow so
many on the course, when there is no job , or
even a chance of one at the end of it.
Why should people have to make the decision at
the age of 22? Many of the skills overlap and it
prevents the evolution of the roles of lawyers. If
their work is fusing why shouldn‟t the training?
The Inns provide over £4 million of
scholarships annually and many TC providers
pay the fees for their future trainees.
It allows only the most suitable students to be
accepted, and prevents the high number of
people who never obtain pupillage
The dinners allow students to make working
contacts and relationships, which they may not
otherwise be able to make, and are important to
the self-employed Bar.
It assess potential, not ability and is also
not used for solicitors, so seems unfair and
makes barristers seem like the elite.
The trainee can spend 4 or 5 years studying the
law, and the theory of practicing it, but only 6
months before they begin the actual practice of
the law

9. Can you figure out the words?
... And for a lollipop, can you spot the odd one out and explain why?

10. What’s the difference between barristers and
solicitors?

11. Magic Circle
1. Allen & Overy
2. Clifford Chance
3. Freshfields Bruckhaus Deringer
4. Linklaters
5. Slaughter and May
Local Firm
Buying and selling houses, wills,
divorce, advising rights, injury
compensation, work disputes,
criminal etc.
Probate Employed
Solicitor
By local government, CPS or
the GLS. As well as
prosecuting people, this could
include advising on legislation
and services to the public e.g.
Construction.
Preparing instructions
Coveyancing
Commercial
Litigation &
Advocacy
This means that you might
work within a large company,
dealing with in-house legal
matters
Representing clients in
court, tribunals,
negotiations or
arbitration.
Preparing the case or a
question of law to go to
a Barrister
Deal with clients

12. Rights of Audience
Full rights in the following:
Tribunals
Coroners courts
Magistrates’ courts
County courts
European courts
A right of audience means the right to appear before and address a court,
including the right to call and examine witnesses
Solicitors may also obtain rights of
audience in the higher courts:
the Crown Court
the High Court
the Court of Appeal
the House of Lords
Means that
they can offer
a complete
service to the
client, from
preparation to
presentation
Recent Change!
Solicitors Higher Rights of
Audience Regulations 2010
(from 1/4/2010)Apply for Higher Courts (Civil Advocacy)
and/or Higher Courts (Criminal
Advocacy).
Removes the experience requirement – just
have to meet the skill level.
Also applies to barristers transferring
professions
AO2 Point:
Should Solicitors have fewer rights of
audience than barristers?

13. Term Explanation
Magic circle
High street
solicitors’ firm
Probate
Employed solicitor
Preparing
instructions
Conveyencing
Commercial firms
Advocacy
Rights of Audience
Solicitor
Advocates
Mixed practice
Consolidation
In your handouts, using your own
understanding, define the terms!
Developing Your AO2...
Describe the work done by a solicitor using at least five
of the terms above.
Aiming for the top... Refer to at least one recent development in this area.
What do you think the key skills of a successful
solicitor?

14. Independent
Barristers
Chambers
Employed
Barrister
Instructing a barrister
Type of Work
Self Employed
About 20% of them are employed
Working for an employer in
industry, the Government or even
the CPS
A group of
barristers – they
tend to be
specialists in the
same area
Barristers provide
specialist legal
advice and
represent their
clients in courts and
tribunals
Generally by
solicitors
Bar Direct (limited to
certain professions,
becuase they are
already experts)
Direct Access from
2003 (but not in
criminal or family)
Cab Rank Rule
Rights of Audience
Automatic Full rights...
But needs to complete training (at
least 3 years with a lawyer who has
had these rights for 6 years) to be
able to exercise those rights

15. Term Meaning
Chambers
Advocacy
Employed
barrister
Instructing a
barrister
Bar direct
Direct Access
Cab-rank rule
Queen’s Counsel
Consolidation
In your handouts, using your own
understanding, define the terms!
Developing Your AO2...
What issues does the ‘self employed’ status of
barristers raise?
How have recent reforms allowed the public better
access to barristers?
Aiming for the top... Refer to at least one recent development in this area.

16. Have no direct contact
with the client
Can appear in all courts But through access schemes e.g. Bar Direct, they
may be directly approached in certain areas of
the law
Specialists Office work But increasingly can and do specialise e.g. larger
commercial firms
Direct contact with client Cab-rank But increasingly can appear in courts on behalf of
clients and depends on their specialism, some will
not appear in court
Individual Client based But they work together with the solicitor who is
instructing them on the case, and the chambers
who receive the work
Appear in lower court General Practice But they can avoid this through selection etc.
Work in firms Advocate But solicitors may obtain higher rights of
audience and barristers must qualify for them
Comparing Professions...
Can you match up the points?
Have no direct contact
with the client
Can appear in all courts But through access schemes e.g. Bar Direct, they
may be directly approached in certain areas of
the law
Specialists Office work But increasingly can and do specialise e.g. larger
commercial firms
Direct contact with client Cab-rank But increasingly can appear in courts on behalf of
clients and depends on their specialism, some will
not appear in court
Individual Client based But they work together with the solicitor who is
instructing them on the case, and the chambers
who receive the work
Appear in lower court General Practice But they can avoid this through selection etc.
Work in firms Advocate But solicitors may obtain higher rights of
audience and barristers must qualify for them

17. Can you find someone who…?
1. Can tell you the number
of dinners a trainee
barrister should attend
2. Can tell you what the
vocational stage of training
to be a solicitor is called.
3. Can name four of the
key legal topics which must
be covered on law degree.
4. Can name two of the
Inns of Court
5. Can tell you what
happens on the first six.
6. Can tell you how many
areas of law a trainee
solicitor must have
experience of practicing.
7. Can tell you the
organisation a trainee
solicitor must join.
8. Can tell you what GDL
stands for.
9. Can tell you two things
covered on the barrister‟s
vocational training.
10. Can identify what a
trainee barrister must
obtain at the end of his
first six.
11. Can tell you three
places that a solicitor may
complete their training
contract.
12. Can tell you both the
minimum wage for a
trainee barrister and
solicitor.

18. Can you find someone who…?
1. Can tell you the number
of dinners a trainee
barrister should attend
12
2. Can tell you what the
vocational stage of training
to be a solicitor is called.
Legal Practice
Course
3. Can name four of the
key legal topics which must
be covered on law degree.
Criminal; Contract; Tort
Equity; EU; Property;
Public
4. Can name two of the
Inns of Court
Gray‟s; Innrer; Middle;
Lincoln‟s
5. Can tell you what
happens on the first six.
Work shadows their pupil
supervisor in court, and
other situations, and may
draft documents.
6. Can tell you how many
areas of law a trainee
solicitor must have
experience of practicing.
Three
7. Can tell you the
organisation a trainee
solicitor must join.
Law Society
8. Can tell you what GDL
stands for.
Graduate Diploma
in law
9. Can tell you two things
covered on the barrister‟s
vocational training.
Case preparation; legal
research; drafting; opinion
writing; advocacy; criminal
and civil litigation etc.
10. Can identify what a
trainee barrister must
obtain at the end of his
first six.
Provisional Practice
Certificate.
11. Can tell you three
places that a solicitor may
complete their training
contract.
CPS; Army; Government
Legal Service; ABS; In-
house lawyer etc.
12. Can tell you both the
minimum wage for a
trainee barrister and
solicitor.
£12,000/£16650

19. Should the two professions be more closely linked?

20. Legal Profession:
Complaints & Reform

21. Introduction:
What would you like to complain about?
Generally, there are four
reasons you might
complain:
The service you have received
(this may include the bill for
solicitors)
Breach of contract
Professional misconduct
Negligence

22. Complaint One:
Contractual
In instructing a solicitor you entering
a contract
Why is this so important?
If you don’t pay... they can sue you for
them
But
You may also have the right to take action
for breach of contract whether you are
the client, or are affected by the actions
of the solicitor
Griffiths v
Dawson (1993)
White v
Jones (1995)
Because a member of the public
does not ordinarily instruct a
barrister, there is no
contract between the client and
the lawyer.
Who should you complain to?

23. Negligence
You have to prove that you were owed a duty of reasonable care and skill, that the
duty has been breached and that you have suffered loss and damage as a result.
Hall v Simon 2000
Examples:
Missed time limits
Incorrect advice
Wrong drafting of documents
Inadequate service or bad advice
Solicitors Barristers
Saif Ali v Sydney Mitchell
Co 1980

24. “Service Given”
Legal Services Act 2007
Student Task:
Read the enclosed articles, the leaflet and
answer the following questions in as
much detail as you can.
1. Who now oversees complaints about
lawyers?
2. Who should you complain to first
before going to the ombudsman?
3. What are the time limits on making a
complaint?
4. What type of thing can you complain
about?
5. What sort of thing can’t you complain
to them about?
6. What are their powers?

25. What’s wrong? What’s right?
Are each of the following
statements true or false?
Bonus: Can you tell me what the false
ones should say?
 You can only sue for breach of contract if
you signed the contract.
 The case which held that barristers are liable
for a bad job in court is Hall v Simon.
For negligence, the lawyer has to have done
something wrong.
 A barrister can be sued for breach of
contract
There are four ways to complain about
lawyers.

26. Starter:
Lollipop Challenge
Cut up the squares, and reassemble them to create a four
by three grid!

27. Professional Misconduct
For solicitors, this means a
breach of the ‘principles’...
For barristers, this means a
breach of the code of conduct
Firstly:
What kind of thing do you think is
covered by this?
Secondly:
Please note that you can follow these
routes even if the lawyer is not yours
Thirdly:
There is a different route depending
on the type of lawyer you are (and you
need to know both!)

28. Solicitors
1. Always start by
complaining
to....
2. Complete the
form.. With
evidence etc.
3. You may never
hear anything
more!
Refer to the Solicitors Disciplinary Tribunal
(Mix of lay and experienced solicitors)
Take actions against the individual or firm (including
shutting it down!)
Make payments if lost out due to dishonesty

29. Barristers
1. Contact them
within 12 months
2. Complete the
complaints form!
3. They assess it,
and let you know
what they think.
4. If necessary, will
carry out a
formal
investigation
Council of Inns of Court
Members including barristers,
judges and at least one lay member
Three or five members

30. Representative Societies?
Thinking (AO2):
Why do you think that it was unfair that they used to be responsible for regulating
their members?

31. Problems:
Your Great Aunt Betty has died. You were told that she had left you her house, and have a letter
which she sent to her solicitors saying this, but her will was not updated.
Do you have an action?
You were involved in a nasty car accident. You instructed your solicitor to take action, and they
said that they would with a maximum fee of £2000. However, they have sent you a bill for
£10,000 for work done.
Do you have an action?
You discover that the barrister who accepted instructions has no experience in this complicated
area of the law and is unfamiliar with it. You have lost your case.
Do you have an action?
Your solicitor has asked a barrister for advice on the possible submission of key evidence in your
claim. The barrister concluded that it was not valid. You have lost the case, but discovered that
the evidence was legally vaild.
Do you have an action?

32. Legal Services Act 2007 & reform of the law
Clementi Review
Legal Services Act 2007
Student Task
Answer the following questions using
the articles at the back of your pack.
What is meant by ‘Tesco law’?
What are the arguments for and against
the changes to the law?
Aim for three for each side

33. New, independent body
responsible for
overseeing the
regulation of lawyers in
England and Wales
Board of 8 members
most of whom are non
lawyers.
So what’s happened?
Legal Services
Board
Created and overseen
by the Office for Legal
Complaints and has
come into effect from
6th October 2011
Investigates all
complaints about
lawyers.
Chairman & 6 members
who are non-lawyers
Legal
Ombudsman
Allows lawyers and non-
lawyers to set up
businesses together.
‘Tesco law’
Licence given out by BSB or
SRA, and recommended to
Lord Chancellor
Will replace Legal
Disciplinary Practices (LDP)
(not in effect yet!)
Alternative Business
Structures

34. Plenary:
You have eight minutes. Plan your response to
the following question.
“Describe the process of complaining about a
barrister and solicitor *18+”

35. Five minutes. Five
Questions.
How many can you answer?
1. Can you name at least five of the core topics
which must be covered in the academic stage?
2. Can you name one difference between a
training contract and pupilage?
3. Can you identify one recent change to improve
training to be a lawyer?
4. Can you explain identify the difference
between the initial rights of audience for a
barrister and a solicitor.
5. Can you explain what an ‘instruction’ is and why
a solicitor may want to prepare one.
Plenary: