barristers

• what must barristers belong to, what are their names?

  Barristers must belong to an Inn of court:

  Gray's inn

  Inner Temple

  Middle Temple

  Lincoln's inn
• are barristers self emplyed, why?

  Barristers are self employed, they work in chambers. They work in chambers so that the members can share administrative expenses; the barristers will also employ a clerk who books in cases and negotiates fees
• What does it mean that barristers have a duty to the court?

  The barrister cannot lie, or mislead the court; this also means that they must make sure the court has all the information necessary
• do barristers have full rights of audience, what does it mean?

  Yes, barristers have full rights of audience; this means they can represent clients in any court
• what is the work of a barrister?

  giving advice on points of law to solicitors

  preparing cases - pre-trial paperwork, interviewing witnesses and practising examination/cross-examination with their clients and witnesses

  drafting complex legal documents
• Where is most of a barrister's advocacy take place, why?

  A barrister's advocacy would normally take place in the high court because solicitors dont have the full rights of audience
• what is the work of a barrister in a civil case?

  Barristers tend to specialise in one area, they can be instructed by a solicitor or directly by the client. Barristers represent the client in court
• What is the work of a barrister in a criminal case, if they work for the prosecution?

  the barrister will advise on the likely success of a charge
• what is the work of a barrister in a criminal case if they are working for the prosecution?

  If working for the defence the barrister will have been instructed by a solicitor, the barrister will advise on the strength of the prosecution case, they will also represent the client in court.
• what is the cab rank rule?

  If a case arises which the barrister is available for, and which is within the area they specialise in then the barrister cannot refuse the case; this rule doesnt apply to direct access work
• what does it mean if a barrister takes silk?

  They become part of the King's counsel- they are senior advocates who will command higher fees, and will not take pupils; they take more complex, and high-profile cases.
• what is the purpsoe of the bar standards board?

  It Sets training and entry standards. The Board deals with disciplinary matters arising as a result of barristers breaching the code ofconduct.
• Where are serious breaches done by barristers reported to, and what can they do?

  they are reported to a disciplinary tribunal; it has the power to impose various sanctions such as a fine of £ 50,000, suspensions or stripping the barrister of their title
• what can a client do if they accessed the barrister directly, in the event of an issue?


  The client can sue the barrister for a breach of contract
• what is the significance of the case of saif ali v sydney mitchell and co?

  it shows a barrister being sued for negligence- the barrister gave negligent advice