the role and practice of barristers

• Practicing barristers are known as the Bar.
• All practicing barristers must be a member of one of the four inns of court
• Barristers practicing at the bar are self-employed, and usually work from a set of chambers where they can share administrative expenses with other barristers. Here they will employ a clerk as a practice administrator they will book in cases and negotiate fees.
• A barrister owes a duty of confidentiality to a client, but also a duty to the court. This means that a barrister:

  • must not mislead a court or a judge or waste the court's time
  • may need to make sure the court has all the relevant information it needs, even if this means weakening the client's case

  It doesn't require the barrister to breach their duty of confidentiality to their client. this means that if a client confesses their guilt to the barrister, the ycannot continue to represent the client in a not guilty defence
• Barristers have full rights of audience. this means that they can present a case in any court in England and wales. most barristers in private will concentrate on advocacy, which is the presentation of cases in court.
• When a barrister is working for the prosecution:

  • they will be instructed by the Crown Prosecution Service (CPS).
  • The barrister will advise on the likely success of the charges that have been brought and work with the CPS and police to ensure that there is sufficient evidence to prove the charges.
• When a barrister is working for the defence:

  • A barrister will have been instructed by a solicitor who has seen the defendant from the outset.
  • the barrister will advise on the strength of the prosecution evidence and any weaknesses in the defence
  • Ultimately, it is for the defendant to decide if they plead guilty or not guilty
  • After a conviction and sentence, the barrister can advise on the possibility of an appeal on the conviction and/or sentence.
  • the barrister can then present an appeal to an appeal court. The appeal is likely to consist of legal arguments.
• If a barrister is advocating in a civil case:

  • They will specialise in a certain field
  • The barrister can be instructed by a solicitor or directly by a client in all matters except publicly funded criminal and family cases.
  • The barrister will present the evidence and legal arguments in writing to the judge before a hearing
  • A barrister may attend meetings to negotiate a settlement
  • The barrister on either side will advise on the possibility of an appeal against liability and/or damages and will, if necessary, draft appeal papers
  • The barrister for a successful party will argue for an award
• Direct/public access to barristers:

  • professionals such as accountants and surveyors can brief a barrister directly without the use of a solicitor.
  • members of the public can also use this service, accessing it through the bar council direct access portal.
  • to carry out direct access work, a barrister must have completed additional training
• Limited access work:

  • Some barristers specialise in areas such as tax, or company law, and rarely appear in court.
• The cab rank rule:

  • Normally, barristers operate on what is known as the 'cab rank rule', it refers to the fact that barristers cannot turn down a case if it is in the area of law that they deal with and are free to take it on.
  • however, in direct access, the cab rank rule does not apply.
  • barristers can turn down a case that requires investigation or support services that they cannot provide.
• Employed barristers:

  • barristers can be employed by government organisations, such as the civil service, local government, or businesses,
  • Specificially, the CPS employs a large number of barristers to proseucte criminal cases.
  • Employed barrister have the same rights of audience as self-employed barristers.
• After at least ten years of practice as a barrister, they can apply to become part of the King's Counsel.
• If a barrister is part of the King's counsel, it means that:

  • The barrister takes silk
  • the barrister will take on more complex and high profile cases
  • the barrister will command higher fees for their recognised expertise
  • they will have a junior barrister to assist with the case
• All Barristers that are NOT part of the King's Counsel are called junior barristers
• There is an application process to become part of the King's counsel:

  • they must provide references from other lawyers including judges before whom they have appeared
  • be interviewed by an independent selection panel which recommends those who should be appointed to the lord chancellor