Role of Barristers Model Answer

• In terms of the role of a barrister, there are around 17,000 in England and Wales who are usually self-employed. However, about 1/4 (4250) are known as the 'Employed Bar' and work for the CPS or local government or private firms for a salary.
• Self-employed barristers usually work from a set of Chambers with other barristers. They all employ a clerk to organize their practice and book in cases and negotiate their fees. Many barristers specialize in areas like criminal or corporate law. Barristers are seen as the senior branch of the profession and their major role is advocacy (representing clients in court).
• All have full rights of audience to present cases in all courts but they also spend much of their time completing paperwork such as writing opinions in cases, giving advice and drafting court documents. More experienced barristers can act as mentor to guide pupil barristers who are completing their pupillage.
• Traditionally, barristers were instructed by solicitors and this still occurs in most cases. However, there is a right of direct access for the public to barristers (but not in criminal or family cases).

  Barristers who do direct access work must have extra training.
• Barristers work according to the 'cab-rank' rule, whereby if the barrister is available and have the suitable expertise they must accept the next available case, they cannot pick and choose their cases. This is to avoid situations where some people may not be able to get a barrister to represent them.
• From 2015, barristers doing advocacy in the higher courts must get accreditation under the Quality Assurance Scheme for Advocates (QASA) to ensure that they can only act in the most serious cases when they have shown competency in the lower level cases. After 10 years, a barrister can apply to be made a King's Counsel (KC) which is known as 'taking silk' and means they deal with more complex cases and earn more.