Barristers

• Where do most barristers work?

  In Chambers (groups of offices)
• Who do most barristers work for?

  Most are self-employed.
• Who may also employ barristers?

  Government organisations e.g the Civil Service or CPS.
• What is the Direct Access Portal?

  A scheme which allows members of the public to directly instruct a barrister without going through a solicitor first.
• 4 examples of work done:

  1. prepare legal documents
  2. advise clients
  3. negotiate on client's behalf
  4. appear in court
• Why are barristers allowed to appear in any court?

  They have full rights of audience.
• What does advocacy mean?

  The presentation of legal argument.
• Who do barristers defend in criminal cases?

  The defendant.
• Who instructs the barrister if defending a criminal case?

  A solicitor who has initially spoken with the defendant.
• What does a barrister do if defending a criminal case?

  • advise on the strength of the case against the defendant.
  • represent defendant in court.
  • advise on possibility of appeal after.
• What does a barrister do if prosecuting a case?

  • advise on the strength of the case against the defendant.
  • represent the crown in court.
  • advise on possibility of appeal after.
• Who do barristers prosecute for?

  The Crown Prosecution Service
• Who instructs barristers prosecuting a case?

  The Crown Prosecution Service (CPS)
• Who instructs barristers in civil cases?

  A solicitor or the client (direct access).
• What do barristers do outside of the courtroom in civil cases?

  May be asked to write an "opinion of council" which sets out where they stand from a legal point of view and states the possible outcome of a case.
• What does advocacy consist of in civil cases?

  • mainly written advocacy
  • present evidence and arguments orally to a judge
  • questioning witnesses
• How does a barrister become a King's Counsel (KC)?

  • Application reviewed by other KCs and judges
  • practicing barrister for at least 10 years
• What is the benefit of being a KC?

  Silks lead on more complex issues and can deal with appellate advocacy. Because they tend to become judges, they demand higher fees.
• What duty does a barrister owe to his client?

  Confidentiality.
• What duty does a barrister owe to the court?

  To not mislead the court, waste their time or withhold any relevant information.
• What happens if D admits his guilt to his barrister?

  Confidentiality = disclosure not needed. But representing client if he pleads "not guilty" = misleading the court and wasting time.
• What is the "Cab rank rule"?

  A barrister cannot turn down a case if they are available and it's their line of work.
• All barristers are represented by the General Council of the Bar.
• Who sets out the code of conduct for barristers and investigates if rules have been breached?

  The Bar Standards Board.
• Who handles more serious breaches?

  A disciplinary tribunal.
• What punishments can be given?

  1. A reprimand
  2. Further training
  3. A fine
  4. A suspension
  5. Disbarring
• If the person who complained isn't satisfied with the punishment given to the barrister in breach, a complaint can be made to the Legal Ombudsman thanks to the Legal Services Act 2007.
• Hall v Simons [2000]

  • difference between errors in judgement and negligent advocacy
  • barrister not immune from being sued