Barrister Role and regulation

• Barristers. The majority of barristers are self-employed and work from chambers. Some barristers are employed by organisations such as the CPS, independent businesses, local government and the Civil Service. Professionals such as accountants and surveyors can brief a barrister directly without using a solicitor.
• Barristers (2)

  Barristers may also carry out ‘direct access work’ where members of the public can engage a barrister through the Bar Council Direct Access Portal.

  Barristers have full rights of audience and may practice advocacy in any court.
• Barrister - advocacy criminal prosecution

  When prosecuting the barrister will be instructed by the CPS and will advise the police on the likely success of the case, if there is a possible success the barrister will work with the police to ensure that there is sufficient evidence available to prove those charges.
• Barrister - Advocacy criminal defence

  When defending a barrister will be instructed by a solicitor who has been liaising with the client. The barrister will advise on the strength of the prosecution evidence and any weakness in the defence. After a conviction and sentence the barrister may advise on the possibility of an appeal. The barrister can present an appeal to the court, mostly this would involve legal arguments and no witnesses
• Barrister Advocacy Civil Cases

  in civil law tend to specialise in specific fields such as, personal injury, commercial work. 

  In a civil case much of the evidence will be presented in writing before any court hearing and will usually be drafted by a barrister. 

  A barrister may attend meetings to negotiate a settlement. Barristers also argue for an ‘award’, usually the amount of damages and for the award of costs.

  After the hearing a barrister will advise on the possibility of an appeal and will draft appeal papers.
• Barrister Cab rank role

  Barristers cannot turn down a case if it is within their specialism unless they can show they are otherwise engaged. however in for cases via the ‘direct access’ portal they may refuse a case.
• Barrister Kings Council

  After ten years of practising a barrister may apply to ‘take silk’ and become a member of the ‘Kings Counsel they can take on more high profile cases a therefore command a higher fee.
• Barrister Regulation

  • The Bar Standards Board regulates the barrister’s profession. It sets out a code of conduct that barristers must comply with. Board investigates any alleged breach of of the Code of conduct. It can discipline a barrister and if the matter is serious it will be referred to the Disciplinary Tribunal.
• Barrister Regulation (2)

  • Tribunal has many sanctions it can impose :
  • reprimand the barrister, make the barrister complete further professional training, charge a fine, suspend the barrister for up to three years and in extremely serious breaches of the Code it may disbar a barrister, which means striking them off the Bar so they are unable to practice anymore
• Barrister Regulation. (3) The Ombudsman may direct a barrister to pay compensation up to £50000 or to require the barrister to return documents or to put in more work.

  Finally clients on the Direct Access Scheme may sue for breach of contract. A barrister can be liable for negligence, not for losing a case for for poor quality advocacy
• Barrister Regulation (4)

  If the complainant is unhappy with the decision of the Bar Standards Board, a complaint can be made to the Legal Ombudsman. he most common complaints include:

  Costs: the costs were unclear or different from the original estimate, Delay: no clear reason for the work taking longer than expected. Poor information: a process wasn't well explained, or there wasn’t enough information for a consumer to make an informed choice