Royal lawyers



   Royal lawyers (SILK) is a kind of informal, commonly known as, in fact refers to the Queen's counsel. K.C. is a very special class in English law, the English title is King 's Counsel or Queen' s Counsel. As for the two title in which, according to the reigning king or queen (King) (Queen). K.C. is life, which is the highest honor the British lawyer. These people are the legal authority of the community. They absorb the essence of the British legal system of nearly a thousand years in history, but also in constant development and perfection of the legal system in england. In the UK, the judge is a lawyer, prosecutors also so, and to engage in charge work are working lawyer, visible law constitute the core and foundation of the entire British judicial, law determines the quality of the legal profession image.

 

   Britain has always been advocating elite judicial, the lawyer qualification access is distinctive, have obviously different with other countries, there is no uniform judicial examination or the examination for the qualification as a lawyer. In other words, it is not the "test".A British lawyer, beginning is divided into two parts the legal counsel and legal agent. Later, the defenders into trial lawyers, monopoly appearing for the defence of rights, agent is merged with the sixteenth Century new lawyers, the lawyers branches, which formed two yuan lawyer structure characteristic. At the end of twentieth Century, the British government introduced several pieces of legislation, two kinds of lawyers is mutually isolated state to do some adjustments, but the overall pattern of two yuan and has not been fundamentally changed.Solicitors and barristers (Solicitor and barrister), each with different qualification, can't be replaced by each other, each other in the organization and business separation, independent. Solicitors and barristers excellent can be canonized as the Queen's counsel (called the Royal lawyer, QC). Lawyer engaged in various types of non litigation, the litigation mainly acts as the trial lawyer assistant, have no right to attend higher court. Principal counsel by lawyer, engaged in business litigation, attended the courts at all levels, trust also accept non litigation business, give lawyers providing legal advice.

   Queen's counsel are reserve forces of lawyers of the elite and the judge, the legal adviser is a necessary link in the promotion of judges, other political office lawyers are usually k.c.. Competition from the lawyer qualification to the formal practice, to be the letter of King's counsel, and to the promotion of judges, the British institution to build a Pyramid for the judiciary, occupation hierarchy, aims to achieve the elite of justice. At the top of the Pyramid is the judge, to do more than 10 years of the Queen's lawyer to have opportunities for advancement junior judges. Such high-level title appraisal and the strict selection, given the judicial confidence and dignity, so that people have a fear and trust, also let the lawyers and very proud of his occupation.

 

   Because the law education in British university lack a unified curriculum system, each school students on the legal fields of familiar degree is not the same. Students after graduation can be combined with their own professional knowledge to government departments and enterprises to work, or go to law firms and other intermediary agencies. Choose to work in a law firm graduates must decide as a solicitor or barrister, and receive a corresponding professional training. In 2007, lawyers in England has more than 80000 people, and barrister was about ten thousand. Almost one thousand people have been awarded the title of Royal advisers in the trial lawyers in. British lawyer industry is very developed, each year in the world top ten law firms ranking, Britain has about 4 entries.

 

   "The royal law" perspective, bold and ambitious fast-paced lead the audience into the criminal lawyers of the world, to show the legal eagles in the work and enjoy different sides in the world. The script by virtue of mini series "justice" won the best screenwriter Oscar BAFTA, the former Attorney General Peter Moffat write, the return a BBC, to the audience to provide access to legal profession ethics, the complex of exciting and extremely tense world internal visual angle.Moffat said: "Royal" lawyer "is based on the former work experience. It is full of extreme pressure and tough choices, ethical dilemma, overlapping individual and occupation, fight for principles, players will sacrifice, Maki Japheth Leigh politics, the legal profession, alcohol is simply a piece of the most abundant drama."

 

   Marcin Peck (Maxine Peake) will play Martha Costello, a Pentium four, single, passionate defense lawyers, ready to apply for the qualification as a lawyer. Martha faces a challenging cases and to her surprise the customer. Her faith, her prejudice, her conscience and her beliefs limit is tested in a series of courses in the criminal justice system.

 

The following is from: LAIDT

 

----------------------------------------EPISODE 1------------------------------------
1 chambers
At the beginning of the Martha to win the lawsuit to chambers lens.
Because barrister is self-employed, self financing, have no business, cost and great (refer to wig&gown behind the price), it is flat-share an office with the office, each barrister is a tenant, share the burden of some overhead.
But chambers is not a company or partnership (like solicitors' firms), but tenancy based relationship, so it does not need to assume the other barrister liabilities.
  
2 clerkship
Clerks is a chambers assisted barrister executive administration, should be paralegal. Because barrister also need to take care of people, to do accounting, accounts receivable, what networking. In Jake they are clerks
  
3 to discuss this case
Clive reader and his chamber-mates in discussing the case using the first person. This is the chambers in practice. Because lawyers have a duty of confidentiality is very strict to the customer, in order to avoid disclosing the guest identity, barrister will use the first person to describe the case.
  
4 hired barrister
If you see is "broken bear" the subtitles, will see the notes, the parties must pass solicitors to hire barrister, absolutely can not be directly please barrister mechanism (except government and some of the professional, can be directly instruct barristers.
  
5 backsheet
Martha is not very satisfied with her only get backsheet and dvd. Backsheet, just a cover (but on the back cover, so...), only wrote the case number and solicitors firm name address, no to even client name not to mention the case. The detailed content is in brief, which is behind some boxes.
  
6 innocent until proven guilty
The presumption of innocence, the core of criminal procedure. The landlord was decent, do not agree with Billy disdain to the principle statements. As a defence counsel, basically don't need to do anything, without apology, don't ask questions, not cited any witnesses, defendants do not testify, just make the prosecution prove guilt beyond reasonable doubt. This explanation may be hard, but this is the fundamental right of. The defendant was innocent, not to prove his innocence.
  
7 Brief
We see Martha night reading brief hard to brief is solicitors prepared materials, which include a variety of oral confession, record, evidence. There are some solicitors sloppy preparation brief sloppy, basic archives are not ready, so Martha will pack up their hand tail to punch filing, no wonder a bit impatient.
  
8 record / unused
MS prosecutor handed over a previous convictions record. This is the prosecution's responsibility, to ensure that procedural justice, rather than unilateral attempts to set the defendant's crime. So all the evidence (whether or not the) are disclosed to defence. The previously mentioned unused (materials) is not included in the material evidence of the prosecution.
  
9 co-defendants
The drug trafficking case is typical, with a plurality of accomplice. They have different lawyers, but do not represent their interests are identical. "Cut throat" accomplice, sell (or lower) associates to rid himself of the crime, as happened here later.
  
10 mitigations
Plea in mitigation, program is for pre sentencing conviction, counsel told the court that the defendant worthy of compassion and forgiveness, to the most merciful punishment.
  
11 seeing client without solicitors'rep present
Yes, barrister needs to protect themselves, so to meet the guests representatives should have instructing solicitors here to prove counsel is not given the wrong advice or stress guests make a particular decision. Former lawyer immunities, from guests come, but now can defendant professional negligence.
  
12 interviewing Mercedes
Whether the defendant confession is their decision, counsel in the advice she confessed that she frankly leniency cannot resist strict like, but guilty (a guilty plea) is in favor of commutation. I think this section wording of the standard is very real, but finally encouraging shook a little hypocritical ~
  
13 cut throat defence
So as it happened. Clive reader really was a dodgy bastard.
  
14 seeing Mercedes Cordoba at lunch
Barrister must be in the conviction of a defendant again after, so the Martha and the parties about lunch time. Because at that time the defendant should be in cell, but that later will be transferred to the prison.
  
15 identification evidence against evidence (key evidence in the set)
The accused is aggravated burglary, the only evidence, is the victim identification.
  
When a defendant is convicted depends on an identification evidence, the situation is very dangerous, because the victim may be mistaken, back to the innocence until proven guilty, as long as the suspect is the victim of mistaken identity, it should not be convicted.
  
Sharp eyed students may see the table a book called "bench book". This book was written by a variety of standard statement, is when there is a certain situation, the need to use these standard statement to explain how they should react and understanding of a situation to the jury. Id evidence is one of such cases. At this time, the judges need words, called turnbull guidelines, interested students can google.
  
The victim, age old, was beaten, probably mental state of panic, lose the ability to observe calmly judgement. Martha first is that these factors, hope to identify the doubts about the ability of the victim. But unfortunately, the grandfather participated in the Normandy landings, be trained with regularity, sober, and some mental hospital story, is sympathetic and tolerant, very touched by the jury's heart. See here, maybe a lot of people have presumption of guilt. The psychology that the prosecution to occupy a very favorable position.
  
But, as defence, this time really need to remind yourself to innocent inference principle, otherwise it is difficult to come up with ways to deal with the objective.
  
Martha found the police tricks, their hands and feet on the presentation and time picture, very subtle hints the victim identified the photos. This trick is not illegal, but enough to reduce the identification evidence credibility.
  
In fact, in this program police identify prisoners (USA called line-up, British id parade) there are many can attack the suspect areas. Interested students can think about what techniques can affect the victim mentality, hinted that he chose a person.

 

SimiliarlyEPISODE 2--------------------------------------
1 Rape
In the episode rape, crime is the most serious sexual offences. In short, rape is penetration without consent, and the focus of this set is consent -- whether the victim agreed that a one-off act involved with the prisoners.
May and a lot of people think different, most of the violence, not 4 in the morning in the alley stranger rape, but between acquaintances, and rape within marriage, like this episode. In this case, it is usually difficult to prove that the victim state of mind at the moment, probably all this evidence, let the jury found the victim has given consent, but on the other side, the victims in addition to their own testimony and strong conviction, but not what to say.
  
2 why Martha criticized violence proceedings?
Violence to the victim, of course, is a painful experience, and rape trial experience may be more pain:
1) sitting alone at the witness box in the sense of loneliness and trial of feeling;
2) need to detail the case after;
3 see it again);
4) cross-exam by the defense lawyers the skills of questioning, produce a variety of complex emotions (embarrassment, distress, worry, enraged, self blame...) ;
5) endure long time procedure...
In order to prove that the victim's consent, defence methods commonly used, is asked the victim was wearing and behavior, to the presumed victim was willing to have sex. This inference is very easy to occupy the jury of the brain, resulting in 'she seduced him' concept. Similarly, defence also will often try to ask the victim's sexual history, had "she is a slut" of the association is to let the jury. But history is part of the problem, will usually be the judge to stop sex and violence, because that time is not associated with consent.
These skills, some lawyers do obscure, some do naked, for lawyers, no matter how play, it is only a technology. But for the victim, not about right and wrong, it is not about the moral and legal, and is about his subjective feelings. This time, really easy to think, is oneself against the whole world.
  
3 penetration
In addition, there is a the case does not involve problems. We know that rape also has a element is 'penetration', sex is also does not have the nature of the crime itself. At this point, further feminism may think, legal interpretation of sexual behavior, it is the male reproductive organs (or other object) into the female body cavities, such mindset itself is treat women with condescending attitude. However, now the society can accept various possibilities of, don't know feminists for crime view would be how to change? Except for the other kinds of violence outside the charges, is of course the law but this division later Is it right? Still exist?
  
4 Victim or complainant?
Like Nick, the landlord education is complainant is the politically correct address. Reason, everyone should understand, is to prevent harm the informant was victimise in the psychology, produce more angry, inferiority, hatred and other negative effects; also avoid lawyers, court and jury deepens to the 'victim' stereotypes, prejudice to make more objective decision.
Do not know whether there is any data, known as' have a positive impact on real petitioners' physical and legal procedures to the victim, but the law on the protection of victims, and lawyers, the judge occupation moral concern for the victim, it is really significant to this detailed rules and laws, we will have the opportunity to write to you again
  
5 Right to silence
The trial began, the Reader tries to take "the defendant is not for" for the thing in the police station. I think, this is a cheap shot. Silence is the most basic rights, silence does not represent the defendant guilty cunning, not even to infer that the defendant is guilty. So the basic concept, reader know of course, but also to make an empty show of strength, skill is not a decent ~
  
6 "my learned friend"
The court has many special name and with the word, "learned" is one of them, calling each other "learned friend", "learned judge" address the judge is not specifically praise counterparts learned, only etiquette. The plaintiff and defendant comings and goings are passing, lawyer Guan Ye is often met with each other, speak the same language, seems a little circle sense of understanding, is probably the feeling ~? But it may be to a high level in order to feel... The magistrate called you should know by your facts prosecutor is not magistracy. ~
  
7 bail application (bail)
In the criminal procedure, the defendant's another fundamental right to bail. The defendant is charged, but any evidence is not a church, not to mention a conviction, the defendant has no reason at this time will be deprived of freedom. But there are 3 exceptions, may let the judge decide custody defendants:
1) the defendant will escape (abscond);
2) the defendant will continue;
3) the defendant may interfere with a witness.
The other reason is not, for example "to assist in the investigation" against the defendant's application for bail.
Application for bail, is most entry-level criminal defense project, so the shoelane chambers just sent a pupil went.
  
8 Gary rush
The prosecution to criminal record wrong rush, first set said, the defendant has actually is 3 burglary, the situation is likely to allow the prosecution "have the opportunity to continue to commit crimes" against the bail (very possible). Because the chance is very small, so the Billy indicator on the phone, do not have to apply for bail, days such custody can also subtract from the sentence.
However, niamh found that the record is wrong, why she did not make a sound? Hope this will not give you an impression, is the lawyer can go all lengths to safeguard the interests of customers. In fact, the duty of the lawyer in court (duty to the court) is at all times higher than on the customer's responsibility. So, niamh cannot lie to the court, for example, can not take the initiative to say "because rush is a first offender, so he doesn't want to leave a criminal record, it will actively respond to interrogation, does not escape"; for instance, if the judge asked (but usually judge can not ask defence ") rush has a criminal record?" Niamh, also cannot say "no criminal record".
On the other hand, because niamh is defence, we know that defence is not needed to prove anything, so she don't disclose adverse facts on rush.

 

---------------------------------EPISODE 03Trading friendly environment
1 barrister's fees
This episode began to show Kate character - you see, unlike reader & martha, Kate is relatively small coffee barrister shoe lane chambers, prosecutor often do, are very concerned about their own fees. But the 9000 pound fee, two years have not get, for others will be angry? (but perhaps not so direct complaints?)
Barrister's fees is a solicitors client to advance. So Kate will blame Billy for fear of offending solicitors rather than debt. In fact, between solicitor and barrister, there is no contractual relationship, that is to say, barrister can not be added into the report solicitor do not pay to also cannot directly to customers, because barrister is not a customer hired. So, we imagine perhaps before, must be very smart to safeguard their "legal interest" between the lawyers, but is actually based on a high level of trust and etiquette, there is no legal protection. The circle is not great, everyone not only do vote, even if just for the sake of future business also should think long-term, and barrister this work the significance, is not limited to one or two single case payment. Therefore, seldom heard because of the cost and the dispute between instructing solicitor and barrister.
  
2 Turnbull
Kate to two pupil to organize all about "Turnbull" case law. We said, "Turnbull is the most important principle of identification evidence". When a defendant is convicted reliability largely depends on the identification evidence, the judge must guide the jury consider "turnbull guidelines" in various may weaken the identification evidence credibility.
These factors are based on common sense: for example, a witness who saw the defendant, the brightness of the light? At night or during the day? The vision for how long? How long is the distance between the witnesses and the accused? The dress looks is very special and easy to recognize? Whether the witness know the defendant? The witness was in identifying awake? Whether in nervous or scared? The visual acuity and how?
  
3 Archbold
Kate then says to pupil, look from the "Archbold". What is Archbold? In your opinion, Archbold is the perfect new technology of modern paper making and printing industry reflect ~ ha ha, why do you say that? Because Archbold is criminal law practitioners's big book, updated every year, with the human eye can distinguish the minimum number of fonts, printing can be stored at room temperature in the thin paper, several thousand pages of a monster, it can maintain the "book" appearance, probably later see the East West, as we read "nuclear boat in mind".?! Ha-ha.
The things of course, but also valuable. The last wig & gown price is terrible, slowly you will find, barrister is a how money works, especially for Nick the middle class children. After the plot may be slowly revealed, now bar is still very traditional society white men in the world.
  
4 bail breach
This set of instructing solicitor mark, seems to be a very caring lawyer, was very concerned about juvenile long suffering the defendant, that provides its own address to meet the conditions of bail. In fact, I do not understand why he's doing. First, the lawyer is not allowed to do customer a bail bondsman (surety), the guarantor's role is to the court to pay a sum of money, only the accused to meet the conditions of bail, come back to return to court. So, I think, a lawyer should be avoided in other ways with their own personal identity to help customers meet bail conditions -- including address. To do so, to some extent, is the duty of the courts beneath his sympathy, not necessarily wise.
The defendant, although before 18 years of age, but not extreme youth, age is not small to the unsoundness of mind do not know what is a crime, criminal record plus, he in fact had wasted before the court for his education and forgiveness. Just a few days away from the court, and refused bail is a reasonable decision.
I think, can be offered to other bail conditions, without the need to provide their own. The defendant merely to attend her funeral, may be reported to the police at the departure and return to the travel documents, etc.. To make a long story short, the bottom line is, should not because of sympathy and make the entire occupation career at risk.
  
5 jury out
In the trial, Nick asked a question in the cross-examine Officer: you observe a crime where? Prosecutor immediately bounce is "this is a legal issue". The judge ordered that the jury retired. What is it?
As we all know, the jurors are ordinary people (the lawyer is one of the exemption from jury duty crowd), they appear to reflect in court society values. However, we also know, court thing is very professional and complex, if the defendant's crime and punishment is composed entirely of impulsive people to decide, the criminal law system that is human purgatory.
So, the jury determined only question of fact, question of law and cannot be determined, all legal questions by the judge to decide. In determining the "facts", the jury is very easy to accidentally thinking into legal issues without knowing it, so one thing you need to do is to guide the judge, jury, and tell them what is matter of fact, and think the fact question, what can be incorporated into consideration, must not be what into consideration. Of course, even so, there is no way to completely eliminate the jury to make irrational decisions. There are a lot of the defendant is so sorry to convicted -- because the verdict (that is, whether the conviction) is the jury's decision.
When the legal problems, in order to avoid the jury heard have a superficial knowledge of content, affect their judgment, not fair, prosecutor must immediately reminded the judge, this is a legal issue, should let the jury avoidance, and absent in the jury by the judge under the condition of legal issues. So have the scene.
So sometimes, there will be a kind of seems to be rather baffling situation: the jury was seated, the judge said: I guide you now, the defendant must be acquit. This is why? And not a judge is wrong, but because the jury had not before taking a seat, judges and lawyers discussed legal issues (specifically, is evidence, rules of evidence), and the conclusion is the defendant cannot be convicted, but the verdict must come from the jury, so the judges will guide the jury only legally correct verdict.
  
6 no evidence to offer
In this case, the outcome is how to return a responsibility? Why didn't the jury came out and said "guilty!" Or "not guilty!" ? But prosecutor said, we have no evidence, then the meeting?
We see, prosecutor the evidence seems only officer Vernon's testimony, said that he observed in high crime place situation, found the crime. However, Martha questioned Chris (co-D) time, easily asked the origin of Chris and vernon. Vernon also their strokes (of course he is on the witness stand is to tell the truth, because he had sworn testimony before), originally he is to use Chris to "fishing", trapping the transaction participants, and not in the legal duty that crime. Such evidence, of course, is unable to let the convict.
Therefore, but prosecutor can only say "we have no other evidence". The evidence is not sufficient to prosecute the defendant, the defendant must be acquitted. Pay attention to Oh, the defendant is not "acquitted".
This episode, was mentioned in our repeated principle -- the defendant is not to be active to prove anything. In this case, the defendant did not testify, nor cited other witnesses or provide other evidence, but only "passive" test prosecution case Is it right? Stand, don't have a good word to say for yourself, is easy to leave the court (and continue to go to cottaging??... _|||).
  
P.S. we have found, Nick has shoplift a (wig& gown), attempted theft (law books), a dishonesty theft is a sin, the lawyer occupation, is devastating. After a few sets will be the nick crisis, he would not be prosecuted?!

 

---------------------------------------EPISODE 04-000--------------------------------
1 First appearance in Magistracy
Scene: Mark Draper has been arrested on a murder, said: 'Martha I ll do the first appearance in the morning. Billy it doesn't look good, said: you knocking about a magistrate' s court when you are applying for silk.
Explanation: the British criminal law system, all the cases are from the referee court -- the lowest level (magistrate's, court, or magistracy ) started legal proceedings. Therefore, the prosecution and the defendant appeared in court for the first time, must be in the magistrates court. Then according to the different nature of the crime, then decide the appropriate case trial sites, the less serious cases in the Magistrates Court (the vast majority of cases, it is all the charges against the 90%), or the more serious cases transferred to crown court. In crown court, one of the most serious cases (such as murder, rape) and by the more senior judges to hear. The jury is only crown court only.
Different levels of courts have different judicial power, including different jailed years limit. So if a crime punishment range is very wide, such as the time of imprisonment may be a few months may be more than a decade, so when deciding trial places, already can probably determine the severity of the case and the worst would be to what extent.
Why the referee court does not look good? Because all criminal cases from the beginning of the magistrates court, so the court are very busy and noisy, each court every day might have dozens of the defendant, some concise charges if the defendant is guilty (plead guilty), a few minutes to complete the whole procedure including sentence. Obviously, for Martha, not what the performance opportunity, the magistrate also to Martha silk application not to play what role.
  
2 there is no property in a witness
Scene: Nick represent the defendant to meet witness for the prosecution (the allegedly racist language insult officer), but the police were not willing to arrange an appointment. Nick "teach" he said: there is no property in a witness.
Explanation: this sentence is probably each read criminal procedure people will learn a word. Although the look is standing on the side of the informant, it should protect the informant and even to the informant told the things secret. But in fact, the prosecution did not stand on the side of the informant, but stood in the maintenance of law and justice and the judicial system on this side of the. So we said before, the all data (whether as evidence in a court of law) must be disclosed to the defense. Similarly, the defense lawyer can also meet the informant, witness. Therefore, "the witness not any party property". But generally need to obtain the consent, and the presence of a lawyer.
  
3 bail
Before a set is niamh represent the defendant made bail, this set has the prosecution against bail. You can reference on bail before reading, think about the prosecution is what reason to oppose bail. (tip: only 3 specific reasons oh)
In addition, Martha very frankly answer, the defendant before the breach of bail conditions. Why is Martha positive answer, but refused to answer or evasive? Before we have talked about.
  
4 return a bail
Scene: Billy and clerk don't meet, Billy sold 3 copies of returned brief.
Explanation: return brief, barrister rejected the appointment. Generally speaking, barrister is not refuse to work, like a taxi driver, can't refuse. However, if there are legitimate reasons, such as busy come nevertheless, or does not have a legal expertise, or have a conflict of interest and so on, we must refuse to work. If a criminal case has been barrister took over the decision, but to appeal to, and then to entrust a civil cases, criminal cases must be ranked in order of priority.
  
5 police misconduct
Scene: Martha represents Ali officers attended the racist remarks police misconduct hearing.
Explanation: this hearing is not in the traditional court system. Because the British reform, such hearing either by the independent police complaints commission management, may also be in a tribunal. Not because of the court, the decision also not is legal person, but a professional or authority.
  
---------------------------------------EPISODE 05-------------------------------------
1 charges
Scene: the defendant, a middle school teacher Paddick beating students. CPS people with attempted murder prosecution, opposed by martha. Martha thinks, should be based on the s20 gbh sued, but failed to convince CPS to modify the charges, so Martha wrote a letter to letter of advice CPS that you've suggested that to modify the control crime.
Explanation: we know that the prosecution to the establishment of a crime, need to prove that the defendant meet this crime crime and criminal intention. In short, attempted murder committed to more difficult to prove the criminal intention than s20 gbh. Here, Martha believes that the facts of the case is not sufficient to prove the attempted murder of criminal intent (which is specific intention to kill), so that CPS s20 gbh. But CPS did not accept the proposal. When the barrister proposal is not accepted, the barrister usually bring their own proposals to be recorded in writing, to prove he's due diligence, to avoid later by clients to professional misconduct.
  
2 Plea bargaining
Scene: Noah from the beginning to the Paddick case until trial day and Martha, are trying to reach an agreement, is to allow the prosecution to withdraw the attempted murder charges, in exchange, the defendant pleaded guilty to sue s20 gbh.
Explanation: the defense and prosecution in such charges for a supply of sth. on practice, is not common, is not legally or ignoble, because the job is to ensure that the defendant was to report to appropriate charges, get a fair trial. But this focus, the prosecution has been very clear that do not modify the charges, but the case has a lot of questions can beat, can Noah attitude is to save time, not in court to the exposure of these doubts, strive for the customer was acquitted, but continued in the court trying "reconciliation and prosecution". This will make Martha think resistance.
Therefore, the behavior of Noah, plea bargaining itself, the customer cannot sue Noah for professional misconduct, but if the Noah did not correctly tell customers what is plea bargaining, why it is good for the client, and most importantly, to confirm their clients are willing to s20 gbh pleaded guilty, then the behavior of the Noah is likely to be professional misconduct the.
  
3 Chinese wall
Scene: The Martha and Noah represent the prosecution and defense in the Paddick case, but they work in the same chambers, so Martha asked Billy to set up chinese wall, ensure the information isolation.
Explanation: When lawyers take the case, the first thing to do is to check their Is it right? Any conflict of interest could cause harm to the customer or the customer's interests before. If it is unable to solve the serious conflicts of interest, will not be able to take this case. In other cases you will need to take some measures, avoid causing harm, one way is to establish "Chinese wall".
Conflict of interest in the Paddick case, mainly because the two sides are in one place, they have the opportunity to expose their own defence, are in favor of the defendant's data may be the tamper, risk, and the risk of the conspiracy against the defendant. To avoid these risks, we need to separate the two lawyers in physics.
Conflicts of interest are hard to avoid, especially criminal bar is a small circle, a good lawyer everyone scramble for, lawyers and judges are also a lot of friends and relatives. On the one hand is required to avoid arousing suspicion of all kinds, or to rely on industry to the height of the integrity on the other hand. Although lawyers and business, but not a businessman, not seek nothing but profits.
What exactly is P.s. Chinese wall? The original is not the Great Wall, but -- screen ~
  
4 Mitigation (for)
Scene: Nick got a case, to convict the defendant pleaded guilty / before sentencing do.
Explanation: like the bail application, one of the most basic criminal defense for money. After the defendant is convicted, have such an opportunity, put forward some factors related cases or the individual, asking the court to one of the most forgiving penalty. Every favor, in order to achieve the same goal: to impress the judges heart, convinced the judge to this is a very special case, so the judge gave a particularly tolerant penalty. So often some dramatic scene.
As Martha said, the standard for often posed factors include the defendant is a first offense, the defendant regret (if the defendant guilty), the defendant has the whole family, old and young to feed, and the defendant, the defendant has been victim forgiveness theft is a greedy, the defendant has been punished in other ways (such as professional qualification as a criminal conviction and loss) etc.. The defendant should be has many advantageous features.
But the lawyer should not say, "it is not very serious," because every crime is a serious crime, but it can be said that "the most serious cases this is not the crime". As the same, the judge immediately corrected Nick language.

 

-----------------------------------------EP 06----------------------------------------
1 coaching the client
Scene: Clive and guest at the meeting said the lawyers are often reluctant to admit by asking leading questions to get their customers want to hear the answer.
Explanation: because lawyers are also responsible for the court and the customer, and the two party interests and where there is conflict, so the interview and get customer instructions needs some skills, ask the useful information, and avoid the complicated situation that leads to the lawyer his role predicament. In short, not blindly "ask the truth", not like the cross-exam question and test the customer said is able to withstand the scrutiny.
There is also a risk approach, is to plug to the customer mouth, teach customers how wording, "weaknesses" to describe the situation. Especially the accumulated some experience in lawyer, if too dependent on their own experience, First impressions are strongest classify customers into a stereotype, but not to allow customers to their stories, there may be completely misinterpreted the client's instructions, even the risk of perjury.
The Clive First impressions are strongest, because of that, Emma is not to kill the murderer, she stood in the back, so I couldn't see the assassination, results trial to half, found Emma concealing important facts about him.
  
2 defence case statement
Scene: Martha did not make defence case statement, is prosecutor small complaining about.
Explanation: before we talked about prosecution's disclosure obligations -- is to disclose all information. Corresponding, defence also has a duty of disclosure, in advance that their defence is what and so on. But defence's disclosure obligations without the responsibility of the prosecution strict (or because innocent until proven -- guilty), as far as I know, DCS is not a mandatory, if the defendant refuses to disclose the defence, can not but file dcs., some special attention must be disclosed, for example, if the defendant to rely on "no alibi" evidence, must disclose in advance not present the details of the proof.
-- -- -- -- -- -- --
In addition to add the difference between solicitor and barrister problems:
Solicitor is also possible on the court, but the court in solicitor rights under a certain level of court, and certain types of procedures. The Commonwealth trend is slowly eliminate this dichotomy of the lawyer system, solicitor trial rights will continue to expand the future.
After the return of Hongkong, the barrister still wearing a wig to wear the robe of tradition, style and drama in the same.
The proportion of SC in Hongkong and QC in the UK almost, is probably all the large number of lawyers in the 7%-8%.

 

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    From the existing legal norms, and adapt to the legal form, no system of bar code in Britain, the law on lawyers, scattered in the constitutional documents such as "habeas corpus", customary law and other laws. In addition, the lawyer autonomous organizations to develop "lawyer organization regulations", although not law, but the law behavior standard.
    
    In the UK, not collectively referred to as the "lawyer" vocabulary. The word LAWYER, strictly speaking English words rather than the English vocabulary. Perform their duties as lawyers who are of two kinds, namely the barrister and solicitor.
    
    A, barrister. A barrister in England, called "BARRISTER", Chinese name in addition to counsel, also translated as "the bar", "senior counsel", "bar", "counsel", "special law" etc.. Counsel refers to perform their duties as lawyers in the UK high court lawyer. Counsel is expert in a legal or certain types of cases. They not only provide legal services for a client through the defense, and answer the questions put forward small lawyers. In addition, a barrister after nomination of judge, but also by the British granted a royal counsel (QUEEN-SCOUNSEL). Barrister have more chance to be appointed as judge of the high court and court of appeal. Counsel for the transaction is generally divided into two parts, one is the equity issues, another is the common law matters. The former includes trust, transfer, relocation households will, property, company law shift the affairs; the latter includes contract law, tort law, criminal law, family law matters. In recent years, the British lawyer specialized tendency more clearly, the commercial law, patent law, tax law and other new business field.
    
    The lawyer has a high social status, so have the qualification as a lawyer a very strict conditions. First, obtain the qualification as a lawyer, to have a certain level of higher education. Including: the university law degree or technical school; the British university or technical school degree with other; law degree abroad or Ireland some university, in accordance with the regulations can be exempt from academic training, two subjects above; at least 25 years of age, through the professional examination, mature students and had a considerable academic, professional or business capacity the (MATURESTUDENT). Second, must attend a lawyer organization -- four law school, as the school students, complete the academic and occupation training, attend law school in certain times (DININGTERMS). Third, must submit the certificate of good character. Once committed a crime and has been declared bankrupt person; now the agent, trademark agents and lawyers, shall not participate in the training, has obtained the qualification of lawyer. Fourth, the law school study period, in experienced lawyer guidance, one year of internship, signed the initiation oath. With the above four conditions, can become a lawyer.
    
    The British lawyer organization four, Lincoln law school, the law school, the law school and Gran (LEI) School of law. The four law schools do not belong to each other, including members are the students and lawyers have graduated from the school. The college has no legal personality, basically is a free social groups, their self regulation and rules of the industry, granting and exempt decided the qualification as a lawyer. School served as honorary president of the royal family by the monarch or president, produced by a senior lawyer elected. The hospital is located in London, and in the high court near the hospital, Chapel, library, cafeteria and auditorium hall, specialized law firms. College is the responsibility of the training and examination of law, supervision law activities, decided to disciplinary action.
    
    Two, small law. Small law, known in English as "SOLICITOR", Chinese except the "SOLICITOR" translated into small law, also translated sand lawyer, solicitor, barrister, solicitor, lawyers etc.. Small law refers directly commissioned by the party, perform their duties as lawyers in the lower court and litigation, offers a variety of legal service for the people. It is composed of a medieval common law proceedings agent, balance procedure of the applicant and the church courts in escrow (do) people (PROCTOR) evolved.
    
    Small law activities, far larger lawyer widely. Legal advisers they can hold government, companies, banks, shops, public and private groups, may be in a lower court, as the magistrate's court, county courts and the coroner's court execution agent and defense duties, but also can handle non litigation cases, to general legal parties draft legal documents and answers.
    
    According to the lawyer law promulgated in 1974, "" (THE SOLICITORS ACT 1974) regulations, made small bar must meet the following conditions:
    (1) is a British citizen. Gender, nationality not limited;
    (2) over 21 years of age;
    (3) must be approved by the Council in accordance with the "legal agency qualification rules" (QUALIFYING REGULATIONS) for the absorption of legal service for students, after a year of learning, through the professional examination;
    (4) in the law firm internship for two years. Have the following four conditions, the printing fee to pay, the Law Society annual license fee for compensation for the loss of the cost, namely legal service department recorded in small lawyer roster, made small lawyer qualification.
    The Law Society (LAW SOCIETY) is a small bar management authority. The agency by the court of appeal file leadership, it set up the school, training, responsible for small law education. In addition, legal service and granted the lawyer qualification issued by right of small, small lawyer license rights, can also carry out the rewards and punishment to the small law, making small lawyers fees, grasp the small list of lawyers. Small law enforcement duties mechanism is a law firm. Small firms are generally open to several people, not the individual business. In the small law firm, in addition to a small bar, there is little lawyers hired clerk, is responsible for the routine work.
    
    Barrister and solicitor are two different types of lawyers in the UK, no subordinate relationship between the two. They have a range of activities and working way, their relationship will therefore, lawyer and lawyer analogy to specialist and general doctor.
    
    As mentioned above, counsel general in the high court enforcement agency and the defense function, but the law does not directly accept the Commission, but small lawyers entrusted. Small lawyer and client to deal directly with, signed a contract with the parties, the parties to accept the fee, if the case is in the high court, small law according to the case, first of all necessary investigation, research materials in the case, then the fact points and "argument" make a short cut (BRIEFING), AC for a big shot lawyer. Counsel to accept the "memorandum", are the case of responsibility, whether to present the evidence, if the other terms of the settlement with the signing, barrister have right.
    
    This classification is a British lawyer, and the relationship between other countries, is not. The two element system of the lawyer system advantage or not, have caused a controversy in the uk. Is generally believed that the existence of specific law and common law society, is good. Because it can meet the needs of different parties make special litigation and litigants can obtain the lawyer's help, but like the UK law does not directly contact the parties is difficult to understand the facts of the case and the parties of the real meaning, therefore, can not fully protect the interests of the parties.