People in the Legal System
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Paralegals
One could describe a lawyer’s responsibility as that of considering a matter from all angles and to work out implications, consequences, issues, liability, important gaps in knowledge and strategy etc. In contrast, the paralegal’s job is typically to carry out the course of action suggested by the lawyer: interview that witness; research that question; incorporate that company; complete that legal document and file it with the Land Registry; create a set of papers to send to the barrister so he/she can understand the case and give advice etc.
Examples of paralegal work are:
- Working on/handling probate and family law (divorce etc) cases in a solicitors' firm
- involvement in purchasing land and selling finished properties for a property development company
- Registering and defending trademarks for a food company
- Prosecuting people have been cruel to animals as part of the RSPCA prosecutions team
- Giving immigration law advice to clients when working for a paralegal law firm
- Advising on consumer law protection as part of a local authority trading standards department
- Helping members of the public on a wide variety of issues (e.g. employment/housing) as a Citizens Advice volunteer adviser
- Working for the Crown Prosecution Service
- Incorporating companies and doing other company secretarial work for a solicitors', accountancy or company formation practice
The Legal Services Ombudsman and complaints
The Legal Ombudsman is an independent, consumer focused ombudsman scheme set up to resolve complaints about lawyers in England and Wales.
http://www.legalombudsman.org.uk/aboutus/index.html
The Judiciary
Selection and appointment of judges
Most judges are appointed by the Queen, it is selection that differs. Since 3rd April 2006, judges have been selected by the independent Judicial Appointments Commission (JAC).
This means that JAC recommends candidates for all judicial offices (listed in Schedule 14 to the Constitutional Reform Act 2005)
Having been selected by JAC, a candidate's name is passed to the 'Lord Chancellor and Secretary of State for Justice'. The 'Lord Chancellor and Secretary of State for Justice' advises The Queen on the appointment of all members of the professional judiciary other than Law Lords.
Roles in civil and criminal cases
Essentially, the role of judges is to interpret and uphold the law. The law is laid down in statutes by Parliament. The common law is judge-made law.
Because the English court system is adversarial the judge has a role akin to a referee, between the prosecution and the defence. Judges spend much of their time ruling on points of law, they do this when the jury is not present. He also has the role of explaining the law to jury and summarising the evidence. He has to explain to the jury that he is the sole arbiter of law, and they are the finders of fact.
Judges play a particularly important role in sentencing. In the Crown Court a judge may be asked to correct a sentence imposed by magistrates. After a trial in the Crown Court the judge is solely responsible for the sentence.
In civil cases the procedure is also adversarial, but since the Woolf reforms which lead to the Civil Procedure Rules he has to take a more active role in managing the timetable of the case.
A first instance judge is entitled to a wide degree of latitude in the way in which he conducted proceedings in his court. Ultimately, the judicial function is to deal with cases justly in accordance with the overriding objective as expressed in the Civil Procedure Rules.
Although first instance judges rightly tend to be very much more proactive and interventionist than their predecessors, it remained the case that interventions by a judge carry the risk of depriving himself of the advantage of calm and dispassionate observation.
Judicial independence and immunity
Executive = the administrative branch of government, includes ministers, the cabinet, civil servants, police and army.
Legislature = the lawmakers, effectively parliament.
Judiciary = the enforcers of the law, the judges, magistrates, tribunals, etc.
The overlap of powers allows Parliament to make any change it wishes by Act of Parliament and helps to insure against arbitrary exercise of power by, for example, ministers. There is not a lot of separation between the executive and the legislature but considerable separation between the judiciary and the other two branches.
Judges should have independence from the legislature, the executive, from pressure, from political bias and from case.
Judges and magistrates cannot be sued for libel or slander for things they say in court, even with malice, and a judge is immune from civil or criminal action in respect of anything he may say or do in the course of his duties.
Removal from office
The 'Lord Chancellor and Secretary of State for Justice' can remove circuit judges and Recorders from office for incapacity or misbehaviour, failure to comply with training or sitting requirements, or sustained failure to observe the standards reasonably expected of a judge.
There is a convention that prevents judges from returning to private practice, so once a judge, always a judge. In November 2007 the Lord Chancellor and Secretary of State for Justice, Jack Straw, said that lifting the prohibition would not increase diversity in the judiciary and that the ban would therefore remain in place.
Judges retire at 70.
http://sixthformlaw.info/01_modules/mod1/1_4_legal_personnel/1_4_1_judiciary/02_judges_dismissal_tenure.htm
One could describe a lawyer’s responsibility as that of considering a matter from all angles and to work out implications, consequences, issues, liability, important gaps in knowledge and strategy etc. In contrast, the paralegal’s job is typically to carry out the course of action suggested by the lawyer: interview that witness; research that question; incorporate that company; complete that legal document and file it with the Land Registry; create a set of papers to send to the barrister so he/she can understand the case and give advice etc.
Examples of paralegal work are:
- Working on/handling probate and family law (divorce etc) cases in a solicitors' firm
- involvement in purchasing land and selling finished properties for a property development company
- Registering and defending trademarks for a food company
- Prosecuting people have been cruel to animals as part of the RSPCA prosecutions team
- Giving immigration law advice to clients when working for a paralegal law firm
- Advising on consumer law protection as part of a local authority trading standards department
- Helping members of the public on a wide variety of issues (e.g. employment/housing) as a Citizens Advice volunteer adviser
- Working for the Crown Prosecution Service
- Incorporating companies and doing other company secretarial work for a solicitors', accountancy or company formation practice
The Legal Services Ombudsman and complaints
The Legal Ombudsman is an independent, consumer focused ombudsman scheme set up to resolve complaints about lawyers in England and Wales.
http://www.legalombudsman.org.uk/aboutus/index.html
The Judiciary
Selection and appointment of judges
Most judges are appointed by the Queen, it is selection that differs. Since 3rd April 2006, judges have been selected by the independent Judicial Appointments Commission (JAC).
This means that JAC recommends candidates for all judicial offices (listed in Schedule 14 to the Constitutional Reform Act 2005)
- Effectively all judges up to and including Appeal Court Judges also
- Heads of Divisions (i.e. Lord Chancellor / Lord Chief Justice / Master of the Rolls / President of the QBD / President (Family Division) / Chancellor of the High Court) n.b. no position as Head of Division has become vacant since the start of JAC.
- Law Lords
- Magistrates (for the time being, they will select magistrates in the future)
Having been selected by JAC, a candidate's name is passed to the 'Lord Chancellor and Secretary of State for Justice'. The 'Lord Chancellor and Secretary of State for Justice' advises The Queen on the appointment of all members of the professional judiciary other than Law Lords.
Roles in civil and criminal cases
Essentially, the role of judges is to interpret and uphold the law. The law is laid down in statutes by Parliament. The common law is judge-made law.
Because the English court system is adversarial the judge has a role akin to a referee, between the prosecution and the defence. Judges spend much of their time ruling on points of law, they do this when the jury is not present. He also has the role of explaining the law to jury and summarising the evidence. He has to explain to the jury that he is the sole arbiter of law, and they are the finders of fact.
Judges play a particularly important role in sentencing. In the Crown Court a judge may be asked to correct a sentence imposed by magistrates. After a trial in the Crown Court the judge is solely responsible for the sentence.
In civil cases the procedure is also adversarial, but since the Woolf reforms which lead to the Civil Procedure Rules he has to take a more active role in managing the timetable of the case.
A first instance judge is entitled to a wide degree of latitude in the way in which he conducted proceedings in his court. Ultimately, the judicial function is to deal with cases justly in accordance with the overriding objective as expressed in the Civil Procedure Rules.
Although first instance judges rightly tend to be very much more proactive and interventionist than their predecessors, it remained the case that interventions by a judge carry the risk of depriving himself of the advantage of calm and dispassionate observation.
Judicial independence and immunity
Executive = the administrative branch of government, includes ministers, the cabinet, civil servants, police and army.
Legislature = the lawmakers, effectively parliament.
Judiciary = the enforcers of the law, the judges, magistrates, tribunals, etc.
The overlap of powers allows Parliament to make any change it wishes by Act of Parliament and helps to insure against arbitrary exercise of power by, for example, ministers. There is not a lot of separation between the executive and the legislature but considerable separation between the judiciary and the other two branches.
Judges should have independence from the legislature, the executive, from pressure, from political bias and from case.
- Act of Settlement 1701 (now the Supreme Court Act 1981) the provided that their commissions should be quamdiu se bene gesserint (while they behave themselves).
- A Judge of the Supreme Court (High Court and Court of Appeal) can therefore be removed only for serious misconduct and/or by a resolution of both Houses of Parliament.
- Removal of a judge has happened only once. In 1830 an Irish judge Sir Jonah Barrington misappropriated £700 paid into the Admiralty court of Ireland. He fled to France, and was dismissed after an address was presented to the Crown by Parliament.
- No English judge has ever been removed from office using the resolution procedure.
Judges and magistrates cannot be sued for libel or slander for things they say in court, even with malice, and a judge is immune from civil or criminal action in respect of anything he may say or do in the course of his duties.
Removal from office
The 'Lord Chancellor and Secretary of State for Justice' can remove circuit judges and Recorders from office for incapacity or misbehaviour, failure to comply with training or sitting requirements, or sustained failure to observe the standards reasonably expected of a judge.
There is a convention that prevents judges from returning to private practice, so once a judge, always a judge. In November 2007 the Lord Chancellor and Secretary of State for Justice, Jack Straw, said that lifting the prohibition would not increase diversity in the judiciary and that the ban would therefore remain in place.
Judges retire at 70.
http://sixthformlaw.info/01_modules/mod1/1_4_legal_personnel/1_4_1_judiciary/02_judges_dismissal_tenure.htm