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Do the task. Decide whether the statements are true (T) or false (F). SOLICITORS AT WORK. 3) Learning how to interview clients and witnesses, negotiate and speak on behalf of the clients in court is also part of the future solicitor’s training
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Do the task.
Decide whether the statements are true (T) or false (F).
1) To become a solicitor it is necessary to undergo a two-year training period.
2) During this two-year period solicitors usually work unpaid.
3) Learning how to interview clients and witnesses, negotiate and speak on behalf of the clients in court is also part of the future solicitor’s training.
4) You may become a barrister if you have a degree in any subject.
5) The Bar’s Vocational Training Course for barristers concentrates on theoretical knowledge.
6) Pupilage of barristers lasts six years.
Text 2
SOLICITORS AT WORK
The majority of those qualifying as solicitors work in private practice in a solicitors’ firm, but there are others careers available and some newly qualified solicitors may go to work in the Crown Prosecution Service or become advisors in local government or in-house solicitors for commercial or industrial firms.
Private solicitors’ firms vary from small ‘high-street’ practices in towns throughout England and Wales to the very large firms in London. The number of solicitors working in each type of practice will also vary from one man, known as a sole practitioner, to hundreds of solicitors. The work of these firms is also varied. A small ‘high-street’ firm will be a general practice advising clients on a wide variety of topics, such as consumer problems, housing problems, business matters and family problems. A solicitor working in such a practice will spend some of his time interviewing clients in his office and dealing with paperwork, possibly drafting a contract or drawing up a will or dealing with documents for the sale of houses or other property or preparing papers for court. He may also, if he wishes, act for some of his clients in court. Standing up in court to put a client’s case is known as advocacy and some solicitors will spend much of their time in court while others may prefer to concentrate on office work. In most firms of solicitors there is an element of specialization. The firm itself may only deal with a certain type of work, for example, some firms will only deal with civil matters and not take any criminal cases. Within the firm solicitors are likely to specialize so that, for example, one solicitor may deal solely with property matters while another concentrates on matrimonial work. The bigger the firm of solicitors the more the individual solicitors will specialize. Some of the big city firms will deal mainly with company work and solicitors working for them are likely to do highly specialized work.
Prior to 1987 solicitors had a monopoly over conveyancing work, that is, dealing with the legal side of transferring property in house sales. However, under the Administration of Justice Act 1985, other people were allowed to become licensed conveyancers and under the Court and Legal Services Act 1990, this right was extended to banks and building societies. As a result, solicitors became more competitive and reduced their fees, but even though they lost a large proportion of conveyancing work and this led to a demand for wider rights of advocacy.
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Solicitors may do advocacy work in the Magistrates’ Courts and in the County Courts but have very limited rights to appear in the Crown Court and High Court. Normally a solicitor can only act as an advocate in the Crown Court on appeals or a committal for sentence from the Magistrates’ Court. High Court appearances are usually limited to making statements in cases that have been settled. If a solicitor wishes to specialize in advocacy and have an unlimited right to appear as an advocate in all courts he must get a certificate in advocacy. Such a certificate will only be granted if a solicitor has already acted as an advocate in the Magistrates’ Court and the County Court, taken a short training course and passed examination on court work. Solicitors were given the right to apply for these certificates under the Courts and Legal Services Act 1990, and the first certificates were granted in 1994.
As already mentioned, the Law Society controls solicitors and its Disciplinary Tribunal may ‘strike off’ any solicitor found guilty of serious professional misconduct such as fraudulent use of clients’ money. The Law Society has also set up the Office for the Supervision of Solicitors to deal with complaints about the work of solicitors. It handles about 30, 000 complaints a year. Most of these complaints are about overcharging or delay. However, the Office for the Supervision of Solicitors itself has been criticized for delay in handling complaints.
Do the task.
Choose the best answer to each question.
Sometimes more than one variant is possible.
1. Newly qualified solicitors will ….
a. become advisors in local government
b. work for commercial or industrial firms
c. specialize in the interpretation of law.
2. Advising their clients on a wide range of issues, a small “high-street” practice will deal with ….
a. matters connected with business.
b. really complicated cases
c. housing problems.
3. Specialization of a law firm means that ….
a. the firm only deals with a certain type of work, for example, with civil matters and not take any criminal cases.
b. solicitors in the firm specialize in different areas of law.
c. both a and b.
4. At the end of the 20th century the amount of conveyancing work done by solicitors was reduced because of ….
a. the reduction of fees.
b. specialization in other areas of law..
c. the extension of the right to do this work to other people and organizations.
5. To have an unlimited right to appear as an advocate in all courts a solicitor must ….
a. get a certificate in advocacy.
b. be a sole practitioner.
c. work for a bigger firm of solicitors.
6. A solicitor may be struck off if he …
a. is found guilty of serious professional misconduct.
b. became an advisor in local government.
c. spends too much time interviewing clients in his office.
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