barristers

Question 1

how may barristers in england and wales are there and how many of these are employed

Answer 1

13000 barristers in total, 3000 of these are employed

Question 2

how do the majority of barristers operate

Answer 2

majority of barristers are self employed and work within chambers, sharing clerks and administrative expenses with other barristers

Question 3

what does the majority of a barristers work surround

Answer 3

advocacy in court

Question 4

when will a barrister have full rights of audience in court

Answer 4

a barrister will have full rights of audience in court after they have completed their pupillage

Question 5

what work does a barrister do outside of court

Answer 5

negotiating, writing opinions of cases and drafting documents for court

Question 6

how do barristers choose their cases

Answer 6

barristers operate under a ‘cab rank’ rule, meaning that if a barrister is available and has suitable expertise then they must take the next available case, they cannot pick and choose their cases

Question 7

how can a barrister advance and become more senior

Answer 7

after 10 years of working as a barrister, they can apply to become queens council or a ‘silk’

Question 8

who are can employed barristers be employed by

Answer 8

the government or crown prosecution service

Question 9

what is the representative body for barristers

Answer 9

General Council of the Bar

Question 10

who are barristers regulated by

Answer 10

the bar standards board

Question 11

what does the general council of the bar do

Answer 11

makes decisions regarding the training and education requirements for barristers, proposes the professions view on on important issues to the government

Question 12

what does the bar standards board do

Answer 12

provides barristers with a code of conduct that they must follow, regulates and handles complaints about barristers- individuals can request that the BSB investigates inadequate professional service or professional misconduct.

Question 13

how will serious matters surrounding a barrister’s professional misconduct be dealt with

Answer 13

an disciplinary tribunal arranged by the Bar Tribunals and Adjudication service

Question 14

what five things can a disciplinary tribunal for a barrister do

Answer 14

reprimand the barrister
order a fine up to £50k
suspend the barrister for up to 4 months
order further professional development training
strike off the barrister

Question 15

what is the final stage for complaints and who was it set up by

Answer 15

the Legal Ombudsman which was set up by the Office for Legal complaints

Question 16

what does the legal ombudsman deal with

Answer 16

complaints against the regulatory bodies for all legal professions

Question 17

what five things can the legal ombudsman do to deal with a complaint

Answer 17

refund/ reduce any legal fees
apologise to the client
pay compensation up to £30,000
put things rights if more work could correct the problems
give back any documents that the client may need

Question 18

what are the three stages of complaining about a barrister

Answer 18

1) write to the chamber and request for them to investigate the problem- usually chambers have their own complaints procedure
2) if you’re still not happy, you can go to the bar standards board
3) it is possible to sue a barrister under the law of negligence if you are still unhappy

Question 19

what is the case that demonstrated barristers being sued for negligence

Answer 19

sydney mitchells- a barrister wrongly advised their client on who to sue- as a result it was too late for the client to start legal proceedings with the correct person. the barrister was sued for negligence