Common Law Legal SystemCommon Law Legal System

Lawyers and Judges

LawyersLawyers

Traditional SystemUsed in U.K, parts of Australia, IrelandBarristers & Solicitors

Fused SystemUsed in U.S., Canada and most other common law countries.No longer distinction between barristers and solicitors

Path to Becoming Barrister or

Solicitor

Legal Education: Legal Education: Barrister and SolicitorBarrister and Solicitor

The academic stage of the education is same for both barristers and solicitors

put another, one does not choose a career path under after completing university studies

Two PathsLLB – undergraduate degree in lawGDL – one year graduate study in law for those who do not have an undergraduate law degree

There is also a continuing Continuing Professional Development requirement while practicing.

Solicitors: Legal Practice Course Solicitors: Legal Practice Course (LPC)(LPC)

First step after university studies to becoming a solicitor.combination of additional study and practical exercises sanctioned by the Law Society

Four Parts: foundational subjects, compulsory subjects, optional subjects, practical exercises.About 15 exams in total, have three chances to pass each.total program lasts about a year.

Solicitors: Training ContractSolicitors: Training Contract

Hand-on training conducted by practitionersLasts two yearsTrainee must experience at least three different areas of law.Trainees are paid a minimum salary set by the Law Society.

Solicitors: Professional Solicitors: Professional Skills CourseSkills Course

relatively new component of solicitor trainingequivalent of 12 full days of studyCore Modules:

advocacy and communication skillsfinancial and business skillsclient care and professional standards

This MUST be completed before one can be admitted to the Rolls (see next slide).

Solicitors: PracticeSolicitors: Practice

Rights of Audience – traditionally limited to barristers.

Solicitor will accompany client to court and assist barrister with presentation of case..

Typical PracticePrepare legal documents, give legal advice, engage in negotiations. Clients come directly to solicitors/solicitor can stand in the place of his client.

Solicitor-Advocatesspecial training that allows solicitors to litigate before higher courts.

Barristers: History of the BarBarristers: History of the Bar

Barristers are collectively known as “the Bar”All barristers must belong to one of the four Inns of Court

Inns were traditionally responsible for eduction and training.Inns continue to have the sole right to call members to the Bar and execute punishment of members.

Barristers: Barristers: Bar Professional Training CourtBar Professional Training Court

Traditionally offered only by the four Inns of Court in London.

today the Bar Council allows universities to provide the course as well.

Major focus is on practical exercisesconcentrates on advocacy, drafting legal documents and legal research.

Lasts one year.Law clinics offer students early chance for actual case work.

Barristers: PupilageBarristers: Pupilage

Practical training with a barrister lasting one year, broken into two parts:

first six – usually amounts to shadowing “pupil master” (a barrister with at least 10 years experience)second six – has limited rights of audience

Only one spot for every three applicants

Barristers: Law PracticeBarristers: Law Practice

Self-employed, not allowed to establish partnerships.

must join loose association called Chambersafter three years can work solo if desired

Court Worktraditionally only barristers had rights of audiencemost spend majority of their time in court

Counsel's Opinionsresearch on specific area of law resulting in advice given to solicitor.

Cab Rank RuleCab Rank Rule

Theoretically, solicitors can choose their client.Barristers cannot because of the Cab Rank Rule

The Rule: A self-employed barrister . . . must in any field in which he professes to practise in relation to work appropriate to his experience and seniority and irrespective of whether his client is paying privately or is publicly funded [accept a potential client] and do so irrespective of (i) the party on whose behalf he is instructed (ii) the nature of the case and (iii) any belief or opinion which he may have formed as to the character reputation cause conduct guilt or innocence of that person.

Queens Counsel (QCs)Queens Counsel (QCs)

Appointed as one of “Her Majesty's Counsel learned in the law.”Not separate from lawyers, but very distinguished.Solicitors can now be QCs as well.

Regulating Solicitors/BarristersRegulating Solicitors/Barristers

SolicitorsRegulated by Solicitors Regulation Authority.New Code of Conduct introduced in 2007Can disciplined through Solicitors Disciplinary Tribunal

BarristersRegulated by new Bar Standards BoardCode of Conduct offers guidanceCan be disciplined by Standards Board

Lawyers in AmericaLawyers in America

Fused system, so no Solicitors or BarristersEducationTraining & QualificationsGeneral PracticeLicense and Being Admitted

Bar Associations

Role of LawyersRole of Lawyers

Stand in shoes of client in legal mattersResearch legal issuesGather factual information

interviews (client, witnesses)discovery

In Court – present fact to fact-finder and law to judgeprohibited from hiding things from court

Regulating LawyersRegulating Lawyers

American Bar Association creates Model Code of Professional ResponsibilityEach state has own bar associationEach bar association has own rules and regulates own attorneys.Each bar association has own disciplinary board.

Common Law Legal SystemCommon Law Legal System

Judges in the Common Law System

Role of JudgesRole of Judges

Ensure Due Process and FairnessRule on Procedural MattersDetermine applicable law

Instruct jury on such in jury trial

Can be fact finderbench trial, summary proceedings

Hand down sentencesExcept capital punishment in the U.S.

Judges in the

Judicial Structure

Selection of Judges U.K.Selection of Judges U.K.

Constitutional Reform Act of 2005For first time in 900 years, Lord Chancellor will not have total control over selection process.

Mixture of committee recommendations, Lord Chancellor veto and Queen's consent.Statutory retirement age of 70

All appointed positions are for life to 70Most part-time and unpaid positions are by contract.

Removal of JudgesRemoval of Judges

Superior Judges can be removed by Queen upon recommendation of both Houses.

This has happened once.Inferior Judges can be removed by Lord Chancellor for misbehavior or incapacity.

This has only happened once.Fee-Paid, Part-time Office Holders can have their contracts not renewed for a variety of reasons.

Lord Chief JusticeLord Chief Justice

Head of Judiciarybut not Supreme Court

Nominated by special commission, Lord Chancellor must approve.Nominees hold senior judge post.Has appointment power for lower courts.

Lord Judge, The Lord Chief Justice of England and Wales

and Head of Criminal Division.

Supreme Court JusticeSupreme Court Justice

12 top judges in judicial system.Vacancies filled by special judicial appointments commission with approval of Lord Chancellor.Only superior court judges are nominated.

Justices of the SupremeCourt of the United Kingdom

Courts of AppealCourts of Appeal

Comprised of “Heads of Division” and Lords Justices of Appeal.Heads selected by fellow Lord JusticesLord Justices appointed by Queen with “advice” from PMDress = black robe with short white wig.37 Justices

Lady Justice Hallett (Dame Heather Hallett)Born 16 December 1949; Called to the Bar (Inner Temple) 1972; QC 1989;a Recorder 1989-1999; High Court Judge (Queen's Bench Division)1999-2005; Presiding Judge Western Circuit 2001-2005; Lady Justice of Appeal 2005-.

High Court JudgesHigh Court Judges

Also called Puisne JudgesSit in one of three divisions of High Court (107 Judges)“Appointed” by Queen upon recommendation of Lord Chancellor and Judicial Appointment Comm.Must have “Right of Audience” or be former Circuit JudgeDress depends on division and type of case.

Circuit JudgesCircuit Judges

Sit in Crown (criminal) or County (civil) courts.“Appointed” by Queen upon recommendation of Lord Chancellor and Judicial Appointment CommissionQualification -

10 years right of audience before Crown or County Court.3 years as either Recorder or District Judge

RecorderRecorder

Part-time judges in Circuit CourtsNot to be confused with title of “Honorary Recorder,” which is given to senior Circuit Judges.Held by practicing lawyers.Restricted to Circuit Bench Work

(Circuit Work = Crown or county courts)Can be appointed to hear either criminal or civil matters.

Same appointment process as Circuit Court Judges.

District JudgesDistrict Judges

Sit in County Court (civil) or Magistrates Court (criminal)“Appointed” by Queen upon recommendation of Lord Chancellor and Judicial Appointment Comm.Must have “right of audience” for at least 7 years.Usually sit as Deputy District Judge first.Normally dress in suits.

MagistratesMagistrates

Deal with over 95% of criminal casesLess serious cases in Magistrates Court

Referred to as Justices of the PeaceAppointed by Lord Chancellor on advice of local advisory committee.Unpaid, trained member of community

NOT trained lawyersSit at least 26 half-days per yearAbout 30,000 in England and Wales

Quick Word About Law LordsQuick Word About Law Lords

The House of Lords WAS highest court.12 law lords sit highest court of appeals for both criminal and civil cases.Known as “Lords of Appeal in the Ordinary”

Replaced by Supreme Court in 2009Is highest Court for all of Britain12 Law Lords in place when Court opens will be first Supreme Court Justices.Replacements will be chosen by committee

Selection of Judges U.S.Selection of Judges U.S.

Federal CourtAppointed for life by President with consent by SenateRemoval by impeachment

State CourtsElection (21 states)Selection by Governor, Legislature or Commission

Retention in 17 statesLifetime appointment in 12

Removal usually upon recommendation of committee by state Supreme Court.

Supreme Court JusticeSupreme Court Justice

Federal Supreme Court has nine

appointed by President with consent from Senate.appointed for life.average age of Court is 67 years-old

State Supreme Courtsvaries in composition and term of service.Chief Justice John Roberts

Lower Federal Court JudgesLower Federal Court Judges

Called “judge” instead of “justice”Appointed for lifeUnlike Supreme Court justices, can move to “senior status” upon reaching 65 AND serving not less then 15 years on the bench.NOTE:

these are not professional judges. They are not trained as judges. They are simply appointees!

State Court JudgesState Court Judges

The highest court judges are also usually referred to as “justices.”Lower court judges are referred to as “judge.”It is common to refer to a judge or justice as “your honor.”The selection of these judges varies widely from state to state (more on that in a few weeks).