Barristers

• Barristers


  Legal professionals who can present cases in any court in England and Wales
• There are about 16,500 barristers in practice in England and Wales, including about 3000 barristers employed by organisations such as the CPS, independent businesses, local government and the Civil Service
• Inns of Court

  • Lincoln's Inn
  • Inner Temple
  • Middle Temple
  • Gray's Inn
• Barristers practising at the Bar

  • Self-employed
  • Usually work from a set of chambers where they can share administrative expenses with other barristers
  • Chambers can vary in size from small with 10-20 barristers, to larger sets with 50 or more
  • Chambers will employ a clerk as a practice administrator - to book in cases and negotiate fees - and they will have other support staff
• Barrister owes a duty of confidentiality to a client


  But also owes a duty to the court
• Duty to the court

  • Must not mislead a court or a judge or waste a court's time
  • May need to make sure the court has all the relevant information it needs, even if it weakens his client's case
• If a client confesses his guilt to the barrister, they can continue to represent the client in a not guilty defence
• Barrister work


  Providing opinions on the action that should be taken in a case, including whether or not a case should go to court
• Barristers

  • Have full rights of audience, which means they can present a case in any court in England and Wales
  • The majority of barristers in private practice will concentrate on advocacy which is the presentation of cases in court
• Prosecution

  1. Barrister instructed by the CPS

  2. Advise on the likely success of the charges that have been brought

  3. Work with the CPS and the police to ensure that there is sufficient evidence available to prove those charges
• Defence

  1. Barrister instructed by solicitor

  2. Barrister advises on prosecution evidence and defence weaknesses

  3. Defendant decides to plead guilty or not guilty
• After conviction and sentence

  1. Barrister advises on possibility of appeal against conviction and sentence

  2. Barrister presents appeal to appeal court

  3. Appeal likely to consist of legal arguments, no further evidence
• Advocacy in civil cases

  • Barristers specialise in certain fields
  • Barristers can be instructed by solicitor or directly by client (except publicly funded criminal and family cases)
  • Evidence and legal arguments presented in writing before court hearing, usually drafted by barrister
  • Barrister may attend meetings to negotiate settlement
  • In court, advocacy concentrates on important evidence and legal issues
  • Barrister argues for award and costs if successful
  • Barrister advises on possibility of appeal against liability and/or damages, drafts appeal papers
• Direct access

  • Professionals and public can brief barrister directly without using solicitor
  • Barrister must have completed additional training
• Limited advocacy work


  • Some barristers specialise in areas like tax or company law and rarely appear in court
• Cab rank rule


  Barristers cannot turn down a case in their area of law if they are free to take it, except in direct access where they can turn down cases requiring investigation or support services they cannot provide
• Employed barristers


  • Employed by government, civil service, local government or businesses, including CPS to prosecute criminal cases
  • Have same rights of audience as self-employed barristers
• Queen's Counsel (QC)


  • Title awarded to experienced barristers after at least 10 years of practice
  • About 10% of barristers are QCs
  • QCs take on more complicated and high-profile cases, can command higher fees, often have a junior barrister to assist
  • Application process involves providing references and interview by selection panel
• Bar Standards Board


  This body sets training and entry standards but also regulates the barrister's profession. It sets out a Code of Conduct that barristers have to comply with.
• Bar Standards Board investigations

  1. Alleged breach of the Code of Conduct

  2. Discipline any barrister who is in breach of the Code

  3. Refer serious matters to a Disciplinary Tribunal arranged by an independent Bar Tribunals and Adjudication service
• Sanctions a Disciplinary Tribunal can impose

  • Reprimanding the barrister (formally warning them about their behaviour)
  • Making the barrister complete further professional development training
  • Ordering the barrister to pay a fine
  • Suspending the barrister for up to three Years
  • In extreme cases, disbarring barrister (striking off) the barrister
• If a complainant is unhappy with the decision of the Bar Standards Board, a complaint can be made to the Legal Ombudsman.

  liability

  A barrister enters a contract with a client on the Direct Access scheme and such client can sue for breach of contract. A barrister can be liable in negligence for a poor quality of advocacy (but this must be more than just losing a civil claim or being convicted in a criminal case).