Monday, November 25, 2019

Describe the stages in qualifying as a solicitor Essays

Describe the stages in qualifying as a solicitor Essays Describe the stages in qualifying as a solicitor Essay Describe the stages in qualifying as a solicitor Essay There are many ways in which to qualify as a solicitor. There are three main routes. The quickest way is to have an A-level in law first which would take roughly up to two years, or something equivalent to that, the next stage to that would be to do a law degree, this also takes two-three years. The next step is to do the one year legal practise course. This would be followed by a two year training period. Once you have completed these four steps you have qualified as a solicitor. Usually this route takes 7 years altogether. The second route is where you have got an A-level (or equivalent) and you want to take a degree in another subject. If this is the case then you would have to take the common professional examination, which is a one year law course, then after that the legal practise course (is one year) and then do the two year training period and you would then qualify as a solicitor, this route would take at least nine years. The third route is the longest route in becoming a solicitor. If all you have is 4 GSCEs and want to qualify as a solicitor, then you have to do the exams of institute of legal executives part one and two. After that you would have to work in solicitors office for two years. From this you would have to be admitted as a fellow of institute of legal executives, with this you must be over 25 and you must have also worked in a solicitors office for five years or more. When this has been completed you will the have to do the legal practise course for a year or you can do the two year training course along with passing all the final exams. When you have done this you have qualified as a solicitor, most people find that this is the longest route to qualify and can take up to 13 years. Which ever route you choose you must complete all stages otherwise you will not qualify. During the training in each the trainee will be paid, although it will not be the same amount as what the actual solicitors get it will be a trainee rate. Even after a solicitor has qualified they will still have to keep attending education courses so that their knowledge is kept up to date. There is also another route in which the non graduates can qualify as solicitors, if they become legal executives first. This route will only be eligible to candidates who are mature enough, and this route will take longer than what the graduate route would. There are a lot of expenses to pay when becoming a solicitor, especially in the training process. This is because there is a financial problem and students will usually have to pay the fees of the Legal Practise Course and it can cosy anything up to à ¯Ã‚ ¿Ã‚ ½7000. Also they will then have to support themselves during that year. The likely hood of somebody from a poorer family is quite unlikely as they cannot afford to pay for the course and they are then prevented from becoming solicitors even if they did obtain a good law degree. Some students may take out bank loans and students will then be starting the training period will a large debt. There is a way of overcoming this problem, and this is to go to a university which offers a four year degree course, it includes a law qualification and a practical course so that students only have to pay à ¯Ã‚ ¿Ã‚ ½1000 per year for their fees. There are many solicitors working in all different firms but depending on what firm you are in the work required can be quite different compared to other firms. There are many firms which range from high street firms to big city firms. A small high street firm will be a general practice, and will advise clients on many different topics for example housing and business matters, whilst a solicitor in practise will be likely to spend some of their time interviewing clients, and negotiating on their behalf. Also they will spend a large quantity of their time on paperwork (drafting contacts, wills, leases, and dealing with conveyance). A solicitor may also stand up for their client in a court, and pursuing their clients case further. A solicitor may not handle criminal cases civil actions only. Large city firms usually concentrate on things such as business and some commercial law. The amounts earned by solicitors vary as the different types of firms, but there are top earners in big firm s who can earn anything up to à ¯Ã‚ ¿Ã‚ ½500,000 annually, whilst solicitors at the bottom end can earn less than à ¯Ã‚ ¿Ã‚ ½30,000 a year for example sole practitioners. Solicitors can deal with advocacy in the magistrates court and the county court. A solicitor will deal directly with a client and will enter a contact with them. Barristers are mostly referred to as the bar. They are controlled by their own professional body-the general council of the bar. All barristers must also be members of one of the following court inns, Lincolns inn, Inner temple, Middle temple, and Grays inn. Barristers that are at the bar practising are often self employed, but they do usually work from a set of chambers, were they can then share administrative expenses with the other barristers. A majority of barristers will concentrate on advocacy, but there are some who will specialise in the area of tax and company law. All barristers have the right to audience in all courts in England and Wales. Those who will choose to concentrate on advocacy doing paperwork, giving advice and drafting documents will do this for the use in court. Usually barristers will operate something that is known as the cab rank rule, and this is where they cannot turn down a case if it is on the area of law that they deal with, they will be free to take the case, although barristers can turn down a case when it requires an investigation, or when it includes a service that they cannot provide. The access to justice act 1999 now allows barristers working for the cps to keep their rights of audience; also it all ows barristers who work in a solicitors firm to keep the right to present cases in court. Legal executives work in solicitors firms as assistants. Legal executives often deal with more strait forward cases, for example preparing wills or leases, keeping it simple. Legal executives also have certain rights of audience in court. The partners in the firm that the legal executive works for is responsible for their work. There are many similarities between solicitors, barristers and legal executives. These are as follows. Barrister and solicitors between prospective barristers and solicitors, they both face many financial problems in their time of becoming and doing their jobs Non graduates will only do one year of formal law for the common professional course to become either. The legal service ombudsman examines barristers and solicitors. They both can work together, (solicitor briefs the case for barristers. Both barristers and solicitors with an advocacy are eligible to apply to the lord chancellor to become a queens council (QC) Also barristers and solicitors can get sued for negligence by their clients. You need an A level or something equivalent to become either of these. Solicitors and barristers profession for representing ethnic minority are both equally represented. Solicitors, barristers and legal executives all have rights of audience. Also solicitors and legal executives both can work in the same place and they do the same kind of work. For example they both draft documents. They prepare wills, and can interview clients. Like barristers and solicitors, legal executives are responsible for their own work. Solicitors and barristers are both liable for negligence.

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