Barristers Flashcards
Barristers are called to what upon joining their profession?
The Bar
Barristers must become a member of what?
one of the four Inns of Court
What will joining one of the four Inns of Court enable them to do?
Have full rights of audience in any court in England and Wales
Having full rights of audience in any court means they are a what?
Advocate
Example of one of the four Inns of Court
Lincoln’s Inn
Employment options
- self-employed
- employed by businesses or government organisations
When is a barrister eligible to become a KC?
after a minimum of 10 years in their profession
A barrister is eligible to become a what after at least 10 years in their profession?
KC
A barrister will usually specialise in what?
- a specific area of law
- prosecution or defence
When will a barrister be instructed by the CPS?
when prosecuting
When prosecuting, who instructs a barrister?
CPS
The CPS will work with a prosecuting barrister to ensure what?
that there is sufficient evidence to press charges
What will a defending barrister advise their client on?
- the strength of evidence, allowing them to decide whether or not to plead guilty
- whether or not an appeal would be successful should they be unsatisfied with the verdict or sentence
What duty does a barrister owe to their client
Duty of confidentiality
When will a barrister not owe a duty of confidentiality?
If their client admits guilt to them
Why will a barrister not owe a duty of confidentiality towards their client if they admit guilt?
cannot continue to represent the client in a not guilty defence
A barrister owes a duty to the court. What does this mean?
- Must not mislead or waste the time of the court
- Must ensure that the court has been provided with all the information it needs, even if it weakens their client’s case
What must a barrister do to carry out direct access work?
additional training
What is direct access work?
Providing their services to members of the public without the need for a solicitor
Exception of the cab rank rule
Direct access work
What is the cab rank rule?
A barrister cannot reject a case if it is in the area of law that they specialise in and they are free to take the case
The Bar Standards Board
- regulates barristers
- creates code of conduct
- sets training and entry standards
- regulates barristers
- creates code of conduct
- sets training and entry standards
The Bar Standards Board
What will serious professional misconduct result in?
The Bar Tribunals and Adjudication service arranging a disciplinary tribunal
What arranges a Disciplinary Tribunal?
The Bar Tribunals and Adjudication service
What will the Bar Tribunals and Adjudication service arrange in the event of serious professional misconduct?
a disciplinary tribunal
What may a disciplinary tribunal result in?
- a formal reprimand
- suspension/striking from the Bar
What can a complainant do if they are dissatisfied with the outcome fo disciplinary tribunal?
Make a complaint to the Legal Ombudsman
