Legal Personnel

Legal Personnel

1. barristers

   • cross examine witnesses
   • 4 inns of court
     • middle temple
     • greys
     • Lincoln
     • inner temple
   • rights of audience
   • self employed, operate cab rank rule
   • become QC after 10 years by taking silk
   • talk with solicitor about case
   • regulated by bar standards board
   • represented by council of the bar

2. solicitors

   • represented by the law society
   • regulated by solicitors regulation authority
   • usually employed by a firm
   • advise clients
   • brief barristers on cases
   • speak to general public/schools
   • limited advocacy

3. legal executive

   • regulated and represented by CILEX
   • assistants in solicitors firms
   • no need for law degree
   • usually specialists in areas such as medical negligence
   • draft wills, property transfers

4. judiciary

   • how is remains independent
     • security from tenure, can only be removed by fixed procedures set out in law, can't be scrutinised in parliament, serve until 70, can't be removed by gov due to policies
     • immunity from suit
       • can't be subjected to any civil claims for anything said/done whilst serving in their judging capacity (Sirros v Moore)
       • complaints can still be processed where relevant
     • independence from other arms
       • free from influence of gov to make pro gov decisions or go against a party with conflicting views, pressure groups, media,other judges
         • lord denning didn't conform to other judges norms and legal pressure
     • independence from case
       • must be free from pressure to ensure impartiality of case
   • separation of powers: executive,legislative,judiciary
   • advantages
     • independent from case, decisions of judges and jury are made based on facts/evidence rather than outside influence
     • better gender and ethnic representation
     • salary not decided by gov
     • appointed by JAC not gov
     • multiple appeal processes available, public can complain investigated by senior member of judiciary

5. disadvantages

   • narrow social background
   • inconsistencies with sentencing in lower courts
   • poor gender and ethnic representation
   • very expensive, circuit judge in 2020 earned £143,000