Barristers

• 15000 barristers in the UK - known as "The Bar"
• Qualifications: Law degree, Bar Practice Course, Pupillage, "Called to the Bar" once all are completed.
• Must hold membership to 1/4 "Inns of Court" based in London - Grey's Inn, Lincoln's Inn, Middle Temple, Inner Temple.
• are self-employed
• work together with other barristers in offices called "Chambers"
• Chambers typically have:

  • Number of Barrister Clerks --> responsible for schedules of the barristers, market chambers, negotiate fees, liase with solicitor firms to get cases for barristers following the Cab Rank Rule.
  • Conference rooms
  • Photocopying/ admin staff
• Barristers may be employed (around 20% of UK barrister) and work for:

  • Crown Prosecution Service
  • Government Legal Department or local government
  • Alternative Business Structures
• Crown Prosecution Service - barrister will be salaried and will present the prosecution case for cases in the Crown Court.
• Government Legal Department or local government - will be salaried and will provide legal advice on issues like legislation, discrimination, and justice (e.g. Ministry of Justice)
• Alternative Business Structure - introduced by Legal Services Act 2007. Allows non-lawyers to invest in and become partners in law firms. Makes it more like other company structures. Allowed some businesses to branch out and develop Legal services further.
• Advocacy = right to speak in court. Is also called Rights of Audience.
• Advocacy - majority of barristers time is spent in the court room (or preparing to be in the court room).
• Barristers automatically have full Rights of Audience when they qualify:

  • right to have an audience in the courtroom.
  • means they can present a case in any court in England and Wales.
  • will typically work their way up the Court structure.
• In criminal law, clients cannot approach a barrister directly - case must be referred to a barrister from a solicitor.
• In civil law, Direct Access is available

  • introduced under the Public Access Scheme in 2004.
  • prevents clients have to pay for 2 sets of lawyer fees
• Other work:

  • writing opinions on cases
  • giving advice
  • holding case conferences
  • drafting documents for use in court
• After 10 years a barrister is entitled to apply to become a KC (King's Counsel)

  • senior form of barrister
  • referred to as 'taking silk'.
  • allows access to higher profile cases in higher courts and allows them to charge a higher fee. Costs: £2500 to apply, £3600 to be appointed
• Regulation - to the way that we check that barristers are doing the work that they are meant to, and to a good standard.
• Are requirements to formally qualify as barrister, means if the professional standards are not upheld, this qualification can be taken away from them.