Barristers Flashcards

1
Q

Barristers are called to what upon joining their profession?

A

The Bar

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2
Q

Barristers must become a member of what?

A

one of the four Inns of Court

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3
Q

What will joining one of the four Inns of Court enable them to do?

A

Have full rights of audience in any court in England and Wales

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4
Q

Having full rights of audience in any court means they are a what?

A

Advocate

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5
Q

Example of one of the four Inns of Court

A

Lincoln’s Inn

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6
Q

Employment options

A
  • self-employed
  • employed by businesses or government organisations
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7
Q

When is a barrister eligible to become a KC?

A

after a minimum of 10 years in their profession

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8
Q

A barrister is eligible to become a what after at least 10 years in their profession?

A

KC

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9
Q

A barrister will usually specialise in what?

A
  • a specific area of law
  • prosecution or defence
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10
Q

When will a barrister be instructed by the CPS?

A

when prosecuting

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11
Q

When prosecuting, who instructs a barrister?

A

CPS

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12
Q

The CPS will work with a prosecuting barrister to ensure what?

A

that there is sufficient evidence to press charges

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13
Q

What will a defending barrister advise their client on?

A
  • 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
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14
Q

What duty does a barrister owe to their client

A

Duty of confidentiality

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15
Q

When will a barrister not owe a duty of confidentiality?

A

If their client admits guilt to them

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16
Q

Why will a barrister not owe a duty of confidentiality towards their client if they admit guilt?

A

cannot continue to represent the client in a not guilty defence

17
Q

A barrister owes a duty to the court. What does this mean?

A
  • 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
18
Q

What must a barrister do to carry out direct access work?

A

additional training

19
Q

What is direct access work?

A

Providing their services to members of the public without the need for a solicitor

20
Q

Exception of the cab rank rule

A

Direct access work

21
Q

What is the cab rank rule?

A

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

22
Q

The Bar Standards Board

A
  • regulates barristers
  • creates code of conduct
  • sets training and entry standards
23
Q
  • regulates barristers
  • creates code of conduct
  • sets training and entry standards
A

The Bar Standards Board

24
Q

What will serious professional misconduct result in?

A

The Bar Tribunals and Adjudication service arranging a disciplinary tribunal

25
Q

What arranges a Disciplinary Tribunal?

A

The Bar Tribunals and Adjudication service

26
Q

What will the Bar Tribunals and Adjudication service arrange in the event of serious professional misconduct?

A

a disciplinary tribunal

27
Q

What may a disciplinary tribunal result in?

A
  • a formal reprimand
  • suspension/striking from the Bar
28
Q

What can a complainant do if they are dissatisfied with the outcome fo disciplinary tribunal?

A

Make a complaint to the Legal Ombudsman