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Essay Unit 2: Assignment 2 - Learning Aim C and D (law101)
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This coursework assignment is what needed to obtain a distinction grade in Unit 2 of Applied Law.
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Ashanti NkaleS2105180
Andy and Megan's cases can be tried at the magistrate court as they both performed a minor offence
(battery).Both will require the presence of a lawyer and the verdict will be determined by a lay
magistrates.
Solicitors
In our legally trained professionals that play a key role an example of this would be solicitors which
are characterised as the “general practitioners” of the legal profession as they’re the first point of
contact for most clients requiring legal representation.As solicitors they tend to specialise in one or
more area of law such conveyancing (transfer of land) , mamtrimal disputes,traxion and many
more.Many provincial solicitors deal with a whole range of problems brought to their attention by
their clients relying on expertise of barristers should complex issue arise.Although some solicitors
may be employed by a firm majority solicitors operate in partnership.Others work for local
government in the public sector.
To become become a solicitor you must go through training the first stage of training is the academic
factor where an individual/candidate must ensure that they have law degree that it is qualifying law
such as LLB in law.Within qualifying law degree they cover the seven foundation subject which are
know as ; Contract law , Torat law, Criminal law,Equity & Trusts , EU law and Property law & Public
law.However the alternative if a candidate has a degree in another subject then they must ensure
that they undertake an additional year of study to convert their own degree into qualifying one.These
conversion course are typically are Graduate Diploma in law which also stands for GDL or The
Common Professional Exam (CPE) both these courses are extremely demanding and intense.
The second stage of solicitors training is the vocational aspect where proptive solicitors a year long
Legal Practice Course (LPC) can be completed at a law school or an approved university; it equips
students with practical skill needed in order to practice and cover training skills for instance client
interviewing ,negotiation,advocacy,drafting documents and legal research , it additionally emphasis
on the aspect of business management and example of this would be keeping accounts.By doing
LPC there also comes fees with the vocational part of solicitor training which is £16,000 in London
and £12-13 outside of London the downside of Legal Practice Course is that it is not covered by the
government student loan scheme meaning that students will have to provide for the course
incidentally or from another source.
The last type of solicitor training is practical this stage of solicitor training involves a two year
training contract which is this period of apprenticeship with a practicing solicitor.During this period
student are known as ‘trainee solicitors’ and receive a minim pay rate.Also within this period the
tranine will have to undergo 20 day professional skill course will be required to contour their
professional development through their career.After this time has passed after all of the training will
be added to the rolls at a ceremony which is extremely like a calling ceremony and then which will
be qualified solicitors.
Solicitors are regulated by solicitors regulation authority , which involves dealing with all regulatory
and any disciplinary matters and enforcing standards for solicitors if not met because solicitors have
direct contact with their client they can sue for non payment fees in violation of contract towards
,their solicitors.Additionally solicitors can evidence be sued for negligence in both in the court as well
of out of the court , so if a client is dissatisfied with the job of their solicitor, the first step should be
to communicate with the firm to resolve the issue.
If this were to be unsuccessful the matter can be forwarded to the solicitor regulation authority
which investigates complaints about professional misconduct of solicitors they can take the issue to
the solicitor disciplinary tribunal if there is any evidence of serious professional misconduct.If the
tribunal upholds the compliant it can be fine or reprimand the solicitor or in more serious case
suspend the solicitors from their roll for certain period of time or in extremely serious case tribunal
can strike off the olictor from the roll.
Furthermore th client also the Legal ombudsman
Solicitors tend to work in partnership in ordinary offices that can be located all over England and
wales.The type of work that solicitors have largely depends on the type of firm in which one is
working.
For example a small high street firm will probably be general practice advising clients on a wide
range of topics such as conveyancing which means transfer of title to land matrimonial disputes, and
drawing up wills. For most solicitors,paperwork takes up much of their time such as writing letters
on behalf of clients,drafting contracts, leases or other legal documents and drawing up wills.
Solicitors specialise in criminal work meetings that will need to meet their clients where they gather
all the relevant facts and details.By doing this they need to undertake legal research or will employ
a barrister to draft an opinion on the matter.
Another role that they have is that they represent and advocate on the behalf of their clients in the
inferior clients such as Magistrates and County.However they do not have rights to an audience in
higher courts this was adjusted due to courts and legal service act in 1990 where a solicitor has to
apply for certificate of advocacy for rights to audience in the higher courts.
Lay Magistrate
In the Magistrates courts there are around 29,000 lay magistrates serving as a part time judges ; lay
magistrates are also known as justice of the peace.They sit in a bench of two or three magistrates
cases.
To become a lay magistrate you must meet a number of requirements,qualifications and restrictions.
The formal requirements that are needed to become a lay magistrate is that the individual must be
aged 18 - 65 (though a candidate under the age of 27 is unlikely to be appointed in actuality) the
requirement still stands.The second requirement that a individual needs to become a lay magistrate
is a qualification which does not neccersialy mean any qualifications in law as they are seen as ‘lay’
but need requirements to their characters.
The Lord Chancellor outlined six crucial criteria that candidates should possess in 1998:
- Good character
-Understanding and communication
-Social awareness
, -Maturity and sound temperament
- Sound judgement
- Commitment and reliability
The last thing that is needed by individual to be allowed to the selection process is restriction this
where the inducial must ensure that they do not have or be:
- Undischarged bankrupts
- Members of the forces
- Police officers, traffic wardens
- Members of the Armed Forces
- Those with relatives working in the criminal justice system
- Those in process of seeking asylum
Every year,approximately 1500 new lay magistrates are appointed.Appopimenst are constructed by
the Lord Chancellor , on the behalf of the Queen on recommendations ,ade by the Local Advisory
committee (LAC)Members within the LAC rwnd to be Ex justice of the peace , with a maximum of 12
members with a mixture of magistrate and non-magistrate.
In the terms of applying for this oel the first step would be an application form.In order to promote as
many potential candidates as feasible, committees have advertised
via adverts being placed on the government website, newspapers, magazines aimed at
particular ethnic groups and even places adverts on buses.Following the formal paperwork
aplicationton , there are two stages for the interviewer.
Within the first stage of the interview a is designated to find out more about the applicant's personal
attributes , in particular looking to see if they have the six key qualities required.
The second stage of the interview is aimed to test the candidates judicial aptitude and this is done by
discussion of at least two case studies which are typically of those heard regularly in a Magistrates
courts.
Before taking the role of the magistrate would undergo training.The Magisterial' Committee of the
Judicial College oversees the training of lay magistrates. This committee has compiled a list of topics
that lay magistrates should learn about throughout their training.Local training is provided,
sometimes through the clerk of the court, and other times through university-sponsored weekend
courses. The training framework is organised into four areas of expertise, the first three of which are
relevant to magistrates and the fourth of which is relevant to the chairman of the bench. Managing
yourself, working as part of a team, making judicial decisions, and managing judicial decisions are all
areas to focus on.
Once suitable candidates have been identified the advisory committee then has to ensure that the
bench reflects the community in which it serves , taking account of :gender, ethnic origin,
geographical spread and occupation.
After this the advisory committee then submits the names of those most suitable to the senior
pressing judge and will appoint new magistrates from the list.The successful applicants will attend
an ‘swearing ceremony’ at a court where they pledge two oaths.
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