1A.3.2 Barristers Flashcards
Where can Barristers work?
- In chambers
- In the public sector (e.g. CPS, local government, civil service)
- In private organisations/businesses
Advocacy
Representating a client in court
Rights of audience
The right to present a case in court, as an advocate.
Litigation
The act of settling a dispute in a court of law.
How many barristers are there in England and Wales?
About 16,500, including 3000 employed by organisations such as the CPS, independent businesses, local government and the Civil Service.
What is the collective term for barristers?
‘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.
These are all situated close to Royal Courts of Justice in London.
What does it mean that a barrister has a duty to the court?
- The barrister must not mislead a court or a judge or waste a court’s time
- They need to make sure the court has all the relevant information it needs, even if it weakens their client’s case.
Cab rank rule
Normally, barristers operate what is known as the ‘cab rank rule’: they cannot turn down a case if it is in the area of law they deal with and they are free to take the case.
However, in direct access, the cab rank rule does not apply. Barristers can turn down a case that requires services which they cannot supply.
What are Barrister’s Chambers
Most barristers are self-employed but usually work from a set of chambers where they can share resources with other barristers.
Usually comprised of:
- Around 10-20 Barristers, alhough larger Chambers can have 50+
- Clerks who deal with booking in clients and negotiation fees.
- Other support staff.
Chambers allow barristers to share administrative expenses.
Do barristers have full rights of audience?
Barristers have full rights of audience, which means they present cases in any court in England and Wales. However, some barristers specialise in some areas in law such as tax and company law so will rarely appear in court.
Direct access to barristers
Professionals, such as accountants and surveyors can brief a barrister directly without using a solicitor.
Members of the public can also use this service.
To carry out direct access work, a barrister must have completed additional training.
Employed Barristers
Barristers can be employed by government organisations, the Civil Service, local government or businesses. In particular, the CPS employs a large number of barristers to prosecute criminal cases.
Employed barristers have the same rights of audience (right to present cases in court) as self-employed barristers in chambers.If barristers are employed, they will often work in the CPS/civil service or other government departments.
Role of barristers as the prosecution
When prosecuting, the barrister will be instructed by the CPS. Then the barrister will advise on the likely success of the charges that have been brought, and work with the CPS and the police to ensure that there is sufficient evidence available to prove those charges.
Role of barristers as the defence
When acting for the defendant, a barrister will be instructed by a solicitor who has seen a defendant from the outset. The barrister will advise on the strength of the prosecution evidence and any weakness in the defence. Ultimately, it is for the D to decide whether to plead guilty or not guilty.
After a conviction and sentence, the barrister can advise on the possibility of an appeal against conviction and/or sentence. The barrister can then present an appeal to an appeal court. An appeal is likely to consist of legal arguments. Witnesses are unlikely to be required for further evidence.
