...Barristers Education + Training To become a barrister you need to have a law degree or non-law degree with Graduate Diploma in Law or Common Professional Examination over three years which 7 core subjects are required. All students have to pass the Bar Professional Training Course which is case preparation, legal research, written skills, opinion-writing, drafting document such as claim forms, conference skills, negotiation and advocacy. All students must join one of the four Inns of Court and used to have to dine there 12 times before being called to the Bar. Students may now attend in a different way, for example weekend residential course. Once a student has passed the BPTC, he is then ‘called to the Bar’. This means that they are officially qualified as a barrister. However, there is still a practical stage to their training which must be completed. This is called ‘pupillage’. The pupillage involves ‘work shadowing’ that barrister, and can be with the same barrister for 12 months or with two different pupil masters for six months each. During pupillage trainee barristers are paid a small salary, usually about half the amount paid to solicitors. There is also a requirement that they take part in a programme of continuing education organized by the Bar council. After the first six months of pupillage, barristers are eligible to appear in court and may conduct their own cases. Organization + Work Barristers are referred to as ‘the Bar’ and they are represented by their...
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...Barristers are legal professionals who provide advocacy and legal advice to solicitors and other clients. Solicitors are the first port of call for members of the public requiring legal advice. If a court appearance is required, the individual will then be referred to a barrister who will provide court representation and specialist counsel depending on the nature of the case. The path to becoming a qualified barrister is long and expensive but the payoff is a career characterised by its variety and financial security. Typical work duties include: •providing expert legal advice to solicitors and lay clients •researching and preparing cases and writing legal documents •liaising with other legal professionals such as solicitors •representing clients and putting forward a case in their defence in court •cross examining witnesses, studying evidence and drawing conclusions •negotiating settlements between the client and other parties Long hours, heavy workloads and tight deadlines are very common. Earnings vary widely and depend on the cases barristers take on and the fields they work in. The onus to shape one's career is very much on the individual barrister. Those who 'take silk' and become Queen's Counsels can expect considerably higher wages thanks to the high profile and important cases they can take on. Typical employers of barristers •Chambers: While barristers are technically self-employed, they work within sets of other barristers known as chambers...
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...------------------------------------------------- Personal Responsibility What is Responsibility? Personal Responsibility Deryck Bogart GEN/200 29 September 2013 Greg Williams The concept of responsibility is one that has developed and grown over the ages. We take it for granted, but in the days of Homer, heroes used merit and kudos to mold their moral vocabulary. Aristotle tried to base the procedures, but the concept has changed and now it has become complicated and far removed than from the original root Etymology can help. Although words often change their meaning, they are likely to retain some likeness from their original use. In the case of the word ‘responsible’ this is certainly so. If we survey its contemporary uses in ethics, politics, and ordinary discourse, we find a wide array of different senses, which have no obvious pattern or rationale. However, if we consider first the original meaning of the word, we can see a common thread running through all its different developments. Etymologically, to be responsible is to be answerable. It comes from the Latin response, ‘I answer, or reply’. I can equally well say I am answerable...
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...Training of Barristers: Training for Barristers is laid down and governed by the Bar’s professional body, the Bar Council. Students with a Law degree have to pass the Bar Vocational Course (‘BVC’) and Complete a 1 year Pupillage with a set of barristers. Students without a Law degree can do a 1-year Graduate Diploma in Law (GDL) and then go onto the BVC followed by Pupillage. There is a non-graduate route for mature students, under which a small number of students qualify by passing a 2-year GDL followed by Pupillage. All student barristers must join one of the four Inns of Court before taking the BVC. Students used to have to dine there 12 times before being called to the Bar, but now they can ‘attend’ by e.g. completing a weekend residential course. The Inns provide law libraries and advocacy training, award scholarships and organise lectures and ‘moots’. The BVC emphasises the practical skills of drafting pleadings for use in court, negotiation and advocacy. Students study core subjects e.g. litigation, evidence etc. as well as skills such as drafting pleadings and negotiation. When they have passed the BVC, students are ‘called to the Bar’ i.e. officially qualified, but cannot practice as independent barristers until they have done a pupillage. Pupillage is ‘on the job’ training where the trainee barrister becomes a pupil to a qualified barrister while being paid a small salary. It is usually carried out at the independent Bar at a set of barristers’ chambers. This...
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...Introducing law and consumer rights In this task I will be investigating civil and criminal law and their courts of personnel. I will be determining which courts will deal with the cases and why, which legal personnel's will be involved with the case and why and also the role that each person will play in the proceedings and their responsibilities. Explain the role of civil law – concerned, deals with what Civil court the lowest court is civil structure county court County court deals with what Who is applicant, defendant The roles and responsibilities What track the case is on which track – fast, multi Alternative methods Case study 1: Sam buys a second hand car from a local garage for £5000. Within a month the brakes fail. He takes the car back to the garage 3 times for a repair but the brakes are still not fixed and the garage shop refuses to refund him. Sam wants his money back. The role of the Civil law helps and deals with disputes between 2 private parties of disputes which can cause harm to others. The lowest court of the Civil Court is the Civil Structure County Court. This case is one of many Civil Courts Cases and is left to the County Court for a solution. This Court will be the right one for dealing with this case as it is a widely used court which deals with civil. It is used for mainly tenant disputes, rent arrears, eviction disputes and consumer disputes such as faulty goods and services. This court deals and specializes with financial jurisdiction...
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...CRIMINAL LAW AND PROCEDURE II • Upper court : The pleading will be done by a barrister. They may have 2 or 3 barristers. The best barrister is elected in the Queen’s Council (QC). You can have junior barristers. • The first contact with the client is taking instructions. It is done by a solicitor. If the solicitor is negligent, the client can sue the solicitor. The solicitor instructs the barrister. There is no contract between the solicitor and the barrister. In theory, the barrister cannot sue the client for his thieves, honoraria, it is just an agreement. He can strike off (radier) the solicitor. If the barrister is negligent, the solicitor can report it to the bar association. • Often, in the rest of English courts, 9/10th of the pleading is done by a solicitor. Sometimes, it is a barrister and the instructions are done by a solicitor. That is why it is difficult to translate the word solicitor into French. Sometimes, a solicitor does the work of a French “notaire”. Most of the work of a barrister is done by a French “avocat”. Introduction : • The subject matter of this book is the substantive criminal law that is the law that determines what is or what is not a crime. • It is not concerned with the reasons why certain conducts are defined as criminal. That is a matter of moral philosophy. • Criminology which defines why people commit crimes will not be studied. • Nullum crimen, nulla poena sine lege : There...
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...2015 Job Role : To Assist All Customers Purchasing and Browsing For Items In The Store In The Most Appropriate Way Possible, alongside the role of cleaning, managing, and securing certain areas within the building. Experience: 23/06/14 - 27/06/14 London, Temple Chambers of Lord (Gifford Q.C.) . Date: Monday 23rd June 2014 - Friday 27th June 2014 . Address: 1 Mitre Court Buildings, Postcode: EC4Y 7BS . Attending interesting Crown Court trials and cases. 1) Croydon Crown Court: 9am -5pm 2) Woolwich Crown Court: 9am -5pm Monday 23rd June 2014 24th Tue - 26th Thurs June 2014 3) Immigration & Asylum Chamber (Taylor House) Friday 27th June 2014 10am - 2pm 1. Shadowing a barrister consistently throughout the experience in the best way possible, to fully gain my full experience. 2. Gaining my knowledge of all the specific roles in the court...
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...days thinking and studying about legal problems. The people who did this were called juriconsults. In the middle Ages men became experts in what is called canon law, but only to further their occupational goals. Canon law is the body of codified laws governing the affairs of a Christian church, (websters, 2010). From 1190 – 1230, men began to practice this canon law as a profession. In 1231, two French councils mandated that lawyers had to swear an oath of admission before they could practice law as a profession. The civil courts in England also took this oath of admission into their law practice and in 1275, lawyers were punishable if found guilty for acts of deceit. In England in the 1200’s, lawyers were called barristers and solicitors. A barrister is a lawyer who represents litigants as their advocate before the courts. A solicitor was a person who would engage in preparing work and advice, drafting and reviewing legal documents, and preparing evidence. It was not until 1791, when the bill of rights was drafted, people in the United States were guaranteed legal...
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...and these people must be registered under section 201 of the said Act. This law seems to be applicable all over Abott, Pendlebury and Wardman (2004), quotes of S.283 which states that every company must have secretary, but a sole director cannot also be the secretary. It is usual for the secretary to be appointed by the directors on such terms as they think fit. The directors may also remove the secretary. The rules relate to the appointment include the following: the secretary to get appointment should have already holds office as secretary, assistant secretary or deputy secretary of the company; or for at least three out of the five years immediately preceding his appointment held office as secretary of a public company; or is a barrister, advocate or solicitor; or is a member of any of the following bodies: the Institute of Chartered Accountants; the Association of Certified Accountants; the Institute of Chartered Secretaries and Administrators; the Chartered Institute of Cost and Management Accountants; the Chartered Institute of Public Finance and Accountancy; or is a person who, by virtue of having held any other position or being a member of any other body, appear to the directors to be capable of discharging the functions of secretary. The duties of company secretary include the following: ensuring that the company’s documentation is in order, that the requisite returns are made to the companies Registry, and that the company’s registers are maintained; taking minutes...
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...gain some experience of it in practice and to spread information about the work of the Government Legal Service. We will run two, one-week vacation schemes in the summer of 2013. The dates are: • • 1 July - 5 July 8 July - 12 July The work Whether they are creating legislation or litigating in the highest courts in the land, lawyers and trainees in the Government Legal Service operate at the cutting edge of law and government, delivering legal solutions that impact upon the lives of millions. The Solicitor’s Office of HMRC does a broad range of often unique work covering, in addition to tax, many aspects of public law including Human Rights, European law, Judicial Review and Freedom of Information. We employ both solicitors and barristers and undertake both advisory work (including the development of new primary legislation and drafting secondary legislation) and litigation (with cases before the Supreme Court, the European Court of Justice and the European Court of Human Rights). Further information is available at www.gls.gov.uk or http://www.hmrc.gov.uk/jobs/legal-trainee/index.htm. The scheme During the week: o you'll join one of our legal teams and will be mentored by one of our current trainees, getting involved in the work of the team; and Information is available in large print, audio tape and Braille formats. Type Talk service prefix number – 18001 o there will also be a number of talks about our work, and you will gain an insight into the way the...
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...Women and education It is not only in respect of the vote that the law had denied women were ‘persons’. They were also excluded, following the same reasoning from many professions including medicine and the law. Although women could be nurses, they were barred from qualifying as doctors or as solicitors and barristers. However, women did not merely accept these prohibitions. Some women campaigned vigorously to be allowed to qualify in professions for which they had the necessary skills and abilities. Sophia Jexblake [2] was one such woman. She wanted to follow the example of two women who had managed to qualify as doctors in the United States of America and who had then returned to Britain to practice. Attempting to follow in these doctors’ footsteps, Sophia Jex-Blake and six other women went to study medicine at Edinburgh University. Initially the university admitted them, although their make fellow students demonstrated against them and tried to bar them from lectures. At the end of their course, however, the University refused to let the women sit for their examinations. Jex-Blake brought a case against Edinburgh University, which defended it by arguing that they had breached their own statutes by allowing the women to study there. Giving his judgment in the case [2] Lord Neaves argued that women and men have a different mental, as well as physical, constitution: The general mass of an army cannot move more rapidly than its weakest and slowest...
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...Judge Dava J. Tunis, writing as the special referee in the Florida bar disciplinary case involving anti-game and anti-porn lawyer Jack Thompson, went beyond the Bar's recommendation for a ten year suspension from the practice of law, and came down in favor of permanent disbarment without leave to petition for reinstatement. She wrote: Over a very extended period of time involving a number of totally unrelated cases and individuals, the Respondent has demonstrated a pattern of conduct to strike out harshly, extensively, repeatedly and willfully to simply try to bring as much difficulty, distraction and anguish to those he considers in opposition to his causes. He does not proceed within the guidelines of appropriate professional behavior, but rather uses other means available to intimidate, harass, or bring public disrepute to those whom he perceives oppose him. An "activist" is a person who makes enemies lists. Activism frequently results in a feedback loop that is harmful to the well being of the activist. After all, if you have a cause, it is likely that someone will applaud you for taking a stand. Eventually, the world becomes black and white. Your only true friends are those who are willing to applaud your every action. Everyone else is an enemy. This seems to be one of the things going on in Jack Thompson's case. Dr. Karl Menninger called paranoia the inoperable cancer of psychiatry: and paranoia is also one of the fruits of activism. Frankly, Mr. Thompson seems to...
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...The steps to becoming an Attorney Jamall D. Okoegwale Comm. 112 10/18/11 Joseph Becker The steps to becoming an Attorney Today, there are more people in law school than there are actual practicing attorneys. The steps to becoming an attorney are rigorous. When a person decides he or she wants to become an attorney, a process starts long before one ever enters law school. The first unofficial step towards a career in practicing law begins with ones prep work in high school. Academic performance in high school will generally determine how well a student will perform in college classes. The second unofficial step is to determine what university or college to attend. While in college, it is imperative that one does well, the course of study is not important. What one should focus on while in college are the skills that will be most helpful in the legal profession. Developing critical thinking and analytical skills, research skills, and professional writing skills are essential tools for success in the future. Obtaining an undergraduate degree is the first major step toward a career in the legal profession. After graduating from college, one should research the different law schools, and select the school that is best suited for one’s overall success. Grades and overall GPA while at the undergraduate level is one-half of the factors used to determine ones acceptance to law school. The other half is ones score on the LSAT. LSAT The LSAT is the standardized Law School Admission...
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...Attorney-Client Confidentiality Paper The Court System CJS_220 February, 2013 The attorney-client confidentiality covers all communication between any person looking for legal advice and a lawyer, is protected legally because this type of communication is considered “privileged” and to be confidently. The disclosure of any information to third parties about any type of mention for what the issues are about with the case is strictly condoned. The attorney-client confidentiality is covered under all types of lawyers, or even attorney legal assistances for any kind of civil, criminal or even all information about marital divorce cases ("Understanding Lawyer Client Confidentiality", 2013). According to “The Basics of Attorney Client Privilege" (2013), the courts do have exceptions for upholding privilege information if the other person is put into great harm and that a judge may force disclosure over certain factors. There is also some information that will and cannot be covered under confidentiality or privilege information about committing or intent to commit fraud or a crime. The privilege is essential for communication, trust, and confidentiality between the client –lawyer relationship to work and because the lawyer needs to know any information concerning the case to help represent the facts of a case (Ch. 6, p. 161-162). According to “The Basics of Attorney Client Privilege” some states apply different attorney-client privilege laws and the government has...
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...Defense Paper Peyton Rumbo CJS/220 Amanda Eicher 28 July 2013 A prosecutor and a defense attorney are different in a lot of ways. The prosecutor works for the plaintiff and the state's case, and they show the gathered evidence that proves that the person accused of the crime is guilty of committing it. The defense attorney's job is to give evidence that proves that the accused is not guilty. If you are accused of a crime, you will share a table at the trial with the defense attorney. The prosecutor tries to prove your guilt, while the defense attorney does their best to prove that you are innocent. The defense attorney works on their own for you, but the state pays the prosecutor. A person can, and would, hire a defense attorney, but never a prosecutor. Even though public funds are paid to prosecutors, they are not employed by the government. The person who they defend pays the defense attorney – the prosecutor is responsible for representing the government when they bring a suit against an accused criminal. The prosecutor's job title is different in each jurisdiction, but they are often called the district attorney, county attorney, state attorney, city attorney, or United States attorney. The prosecutor is charged by the public with punishing people who commit crimes, so that they can protect law-abiding citizens. The defense attorney has to protect the rights of people who are accused of a crime. If I was to become a lawyer I would definitely want to be the prosecutor...
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