Barristers Flashcards

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1
Q

How many Barristers are their in England and Wales working independently?

A

16,000

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2
Q

Where else can barristers work?

A

working for local authorities, civil service and the CPS.

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3
Q

What are barristers referred to and who are they governed by?

A

Barristers are referred to as ‘the Bar’ and are governed by the General Council of the Bar.

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4
Q

What must all barristers be a member of?

A

All barristers must be a member of one of the four ‘Inns of Court,’ situated near the Royal Courts of Justice in London.

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5
Q

Name the 4 Inns of Court.

A

Lincoln’s Inn;
Inner Temple;
Middle Temple; or
Gray’s In

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6
Q

Are barristers usually self-employed?

A

Yes

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7
Q

Explain chambers and how many barristers are usually in a chamber?

A

Barristers usually work from a set of chambers where they can share administrative expenses with other barristers.
Chambers usually comprise of 15 – 20 barristers.

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8
Q

What does the clerk do in each chamber?

A

Each chamber will have a clerk who acts as the practice administrator whose role it is to book in new cases and to negotiate barrister fees.
Assisted by support staff.

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9
Q

What will most barristers concentrate on?

A

The majority of barristers will concentrate on advocacy.

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10
Q

What do some other concentrate on when they specialise?

A

Some specialise in areas such as tax and company law and will rarely appear in court.

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11
Q

What do all barristers have in England and Wales?

A

Barristers have ‘rights of audience’ in all courts in England and Wales.

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12
Q

What happened in 2015?

A

In 2015 a new system for lawyers doing advocacy in the higher courts was announced.
.

The scheme provides Levels for advocates who wish to advocate in the higher courts.

The scheme provides Levels for advocates who wish to advocate in the higher courts.

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13
Q

What is the Quality Assurance Scheme for Advocates (QASA)?

A

All lawyers, including solicitors, will have to get accreditation under the Quality Assurance Scheme for Advocates (QASA).

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14
Q

What does the scheme provide for those who wish to advocate in the higher courts?

A

The scheme provides Levels for advocates who wish to advocate in the higher courts.

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15
Q

What paperwork will barristers carry out? Name 3.

A

Writing legal opinions;
Writing advice to clients;
Drafting documents for court; and
Drafting legislation (Parliamentary Draftsperson).

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16
Q

What will solicitors do to barristers?

A

Solicitors will usually instruct barristers to work on behalf of their client.

17
Q

What does the ‘Bar Direct’ allow?

A

allows for certain professions, such as accountants and surveyors, to instruct a barrister directly without having to go through a solicitor.
Other businesses can instruct barristers without going thorough solicitor

18
Q

What are the exceptions for Bar Direct?

A

Only exceptions are family work and criminal cases:

All cases involving family work or criminal litigation must still be referred by a solicitor first.

19
Q

What is the Cab Rank Rule?

A

Think of it as a line of barristers queuing for their next case.
Barristers cannot turn down a case when it is on the area of law that they deal with and they are free to take the case.

20
Q

When does the Cab Rank Rule not apply?

A

‘Cab rank’ does not apply when the client directly approaches a particular barrister to deal with their case.

21
Q

When can barristers turn down a case?

A

Barristers can only turn down a case if the case requires investigation or support services that they cannot provide.

22
Q

When can a barrister apply to be a Queen’s Council?

A

If a barrister has practiced for at least 10 years

23
Q

What % of the bar is QC?

A

10%

24
Q

What is becoming a QC known as?

A

taking the silk