Barristers Flashcards
How many Barristers are their in England and Wales working independently?
16,000
Where else can barristers work?
working for local authorities, civil service and the CPS.
What are barristers referred to and who are they governed by?
Barristers are referred to as ‘the Bar’ and are governed by the General Council of the Bar.
What must all barristers be a member of?
All barristers must be a member of one of the four ‘Inns of Court,’ situated near the Royal Courts of Justice in London.
Name the 4 Inns of Court.
Lincoln’s Inn;
Inner Temple;
Middle Temple; or
Gray’s In
Are barristers usually self-employed?
Yes
Explain chambers and how many barristers are usually in a chamber?
Barristers usually work from a set of chambers where they can share administrative expenses with other barristers.
Chambers usually comprise of 15 – 20 barristers.
What does the clerk do in each chamber?
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.
What will most barristers concentrate on?
The majority of barristers will concentrate on advocacy.
What do some other concentrate on when they specialise?
Some specialise in areas such as tax and company law and will rarely appear in court.
What do all barristers have in England and Wales?
Barristers have ‘rights of audience’ in all courts in England and Wales.
What happened in 2015?
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.
What is the Quality Assurance Scheme for Advocates (QASA)?
All lawyers, including solicitors, will have to get accreditation under the Quality Assurance Scheme for Advocates (QASA).
What does the scheme provide for those who wish to advocate in the higher courts?
The scheme provides Levels for advocates who wish to advocate in the higher courts.
What paperwork will barristers carry out? Name 3.
Writing legal opinions;
Writing advice to clients;
Drafting documents for court; and
Drafting legislation (Parliamentary Draftsperson).
What will solicitors do to barristers?
Solicitors will usually instruct barristers to work on behalf of their client.
What does the ‘Bar Direct’ allow?
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
What are the exceptions for Bar Direct?
Only exceptions are family work and criminal cases:
All cases involving family work or criminal litigation must still be referred by a solicitor first.
What is the Cab Rank Rule?
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.
When does the Cab Rank Rule not apply?
‘Cab rank’ does not apply when the client directly approaches a particular barrister to deal with their case.
When can barristers turn down a case?
Barristers can only turn down a case if the case requires investigation or support services that they cannot provide.
When can a barrister apply to be a Queen’s Council?
If a barrister has practiced for at least 10 years
What % of the bar is QC?
10%
What is becoming a QC known as?
taking the silk
