legal personnel

• barristers

  • apart of 4 inns - Lincoln's inn, inner temple, middle temple and greys
  • usually self employed, share chambers with other barristers and share a clerk.
  • provide opinions on action that should be taken in a case - whether a case should go to court or not. have full rights of audience.
  • barristers in private practice concentrate on advocacy.
  • specialise in prosecution or defence work.
  • can advise on likely success of charges that have been brought.
• barristers

  • owes a client a duty of confidentiality
  • owes a court to not mislead or waste time and ensure court has all relevant info even if it weakens a case.
  • if client tells barrister they're guilty after starting not guilty, barrister can no longer represent them
  • purpose of 'cab bank' rule is to access justice and not discriminate, means they cannot turn down a case if it's in the area of law they specialise in. doesn't apply in direct access, they can turn it down if it's not in their expertise or if case requires investigation or support services that they cannot provide
• barristers

  • eligible to become King's counsel after 10 years of practice as a 'junior' barrister and if they have the required qualifications and experience
  • King's counsel informally referred to as 'silks' because they're eligible to wear gowns made of silk.
  • to become a KC you have to have higher rights of audience and demonstrate the competencies in the Competency Framework to a standard of excellence.
  • 'taking the silk' refers to becoming a Kings Counsel
• regulation of barristers

  • regulated by the Bar standards board - they make sure that barristers adhere to the principles set out in the Board's code of conduct and can discipline any breaches of the code.
  • the disciplinary tribunal of the board has the power to fine up to £50,000 issue with a written reprimand, make the barrister complete further training, suspend the barrister for up to 12 months from practice or disbar the barrister.