Immerse yourself in the world of legal personnel with this comprehensive study resource. Explore the roles of barristers, solicitors, and legal executives, gaining a clear understanding of their distinct contributions within the legal profession. Dive into the regulation of legal professionals, exa...
There are about 16,500 barristers in practice in England and Wales, including about 30 barristers
employed by organisations such as the CPS, independent businesses, local government and the civil
service
Collectively practising barristers are referred to as 'the bar'.
All practising barristers must also be a member of one of the four Inns of Court (Lincoln's Inn, Inner
Temple, Middle Temple and Gray's Inn), which are all situated close to the Royal Courts of Justice in
London.
Barristers practising at the Bar are self-employed and usually work from a set of chambers where they can
share administrative expenses with other barristers.
Chambers can vary in size from small (10-20 barristers) to larger with 50 or more
The chambers will employ a clerk as a practice administrator to bookcases and negotiate fees, and they
will have other support staff
A barrister owes a duty of confidentiality to a client but also owes a duty to the court. This means a
barrister:
must not mislead a court or a judge or waste a courts time
may need to make sure the court has all the relevant information it needs even if it weakens his clients
case
But it does not require them to breach their duty of confidentiality to their client - if a client confesses
their guilt to the barrister they cannot continue to represent the client in a not guilty defence
A lot of barrister work is 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 meaning 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
ADVOCACY IN CRIMINAL CASES
Barristers generally specialise in either prosecution or defence work
,ADVOCACY IN CRIMINAL CASES
Barristers generally specialise in either prosecution or defence work
PROSECUTION
When prosecuting the barrister will be instructed by the CPS
The barrister will advice on the likely success of the charges that have been brought and work with the
CPS and police to ensure that there is sufficient evidence available to prove those charges.
DEFENCE
When acting for a defendant, a barrister will be instructed by a solicitor who has seen the defendant from
the beginning.
The barrister willa device don't he strength of the prosecution evidence and any weaknesses in the
defence - ultimately it is for the defendant to decide whether to plead guilty or not guilty.
After a conviction and sentence the barrister can advce on the possibility of an appeal against conviction
or sentence - the barrister can then present an appeal to an appeal court (an appeal is likely to consistsof
legal arguments and witnesses are unlikely to be require further evidence)
ADVOCACY IN CIVIL CASES
Barristers tend to specialise in certain fields such as personal injury or commercial work
They can be instructed by a solicitor or directly by a client in all matters except publically funded (legal aid)
criminal and family cases
In a civil a case much of the evidence and the legal arguments will be presented in writing before any
court hearing and will usually be drafted by a barister - barristers may attend meetings to negotiate a
settlement
In the court hearing, the advocacy will concentrate on important pieces of evidence and legal issues
When libaility is decided by the judge, a barrister for the successful party will argue for an award (usually
the amount of damages and the award of costs)
After the hearing the barrister for either party will advise on the possibility of an appeal against liability
and/or the amount of damages
If necessary will draft the appeal papers - s with criminal cases an appeal is likely to consist of legal
arguments with no further evidence
, DIRECT ACCESS (PUBLIC ACCESS)
Proffesionals such as accountants can bring a barrister directly without using a solicitor
Members of the public can also use this service; it is accessed through the Bar Council Direct Access
Portal - To carry out direct access work a barrister must have completed additional training
LIMITED ADVOCACY WORK
Some barristers specialise ina areas such as tax or company law and rarely appear in court
CAB RANK RULE
Normally barristers operate what is known as the cab rank rule - this means that they cannot turn down a
case if it is in the area of law they deal with and they are free tot ake the case - however, indirect access
the cab rank rule does not apply as barristers can turn down a case that requires investigation or support
services they cannot provide
EMPLOYED BARRISTERS
Barristers can be employed by government organisations, the Civil Service, local government or
businesses.
In particular, the CPS employ a large number of barristers to prosecute criminal cases
Employed barristers have the same rights of audience as self-employed barristers
QUEEN'S COUNSEL
After at least 10 years of practising as a barrister, it is possible to apply to become a Queen's Counsel.
About 10% of practising barristers are Queen's Counsel
Becoming a QC is known as 'taking silk':
They take on more complicated and high profile cases
Can command higher fees for their recognised expertise
Often has a junior barrister to assist with the case
There is an application process to become a QC - An application fee has to be paid and if successful an
appointment fee.
An applicant must:
Provide references from other lawyers including judges before whom theyahev apapeares
Be interviewers by an independent selection panel which recommends those who should be
appointed tot he Lord Chancellor
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