BARRISTERS Flashcards
How many Barristers are there in the UK?
There are about 16500 barristers in England and Wales
Which includes about 3000 barristers employed by organisations such as CPS, independent businesses, local government and civil services.
what are practising barristers referred to collectively and who are they controlled by?
they are referred to as The Bar and they are controlled by their own professional body such as the general council of the bar
which inns must all practising barristers be a member of?
lincoln’s Inn ,Inner temple , middle temple and gray’s Inn
what is the Importance of joining Inn of Court
Inns of Court are professional associations that provide training, education and support to barristers. Therefore, they are very important to a Barrister.
Describe the Qualification & Training of barristers
A high standard of professional behaviour is required of barristers to justify the trust placed in them by the public and other professionals .as a result ,training is rigorous
How to Qualify for Bar training?
entry to bar is normally degree-based
-To qualify, one needs either a Law Degree, or
-They can complete a one-year Graduate Diploma in Law (GDL) to achieve a certain amount of legal knowledge before progressing to Bar Training.
What happens in Bar training?
-Firstly, to qualify as a barrister, one will have to do the Bar Course Aptitude Test (BCAT)
-Secondly, they will have to join one of the Inns of Court
-Then, they will do the Bar Professional Training Course (BPTC), which is a one year full time course or a two year part-time course which teaches students specialist skills, knowledge of procedure and evidence capabilities required in court.
- Complete 12 sessions of training provided by Inn of Court Be called to the Bar (by an Inn of Court)
-Complete 12 month pupillage
What happens in the Pupillage?
-student barrister will gain training under supervision of experienced barrister
- first 6 months will be a non-practicing period
- second 6 months will be a practicing period, where the student can begin presenting cases in court
-Pupils are paid during pupillage by chambers they are attached to
What are Chambers?
-Chambers are essentially shared office spaces for barristers
- They can vary in size from small spaces to large spaces, with 10-20 barristers in one chamber and over 50 barristers in another
-Although barristers are usually self-employed individuals, chambers can be helpful as the barristers can share resources, such as support staff and research materials. An example is that chambers employ a clerk who is responsible for booking cases and negotiating fees. Therefore, being in a chamber means you will have higher chances of obtaining work.
-Additionally, chambers help give a sense of community among members
-which is why chambers typically hold meetings and social events.
what is the role of barristers?
-Advocacy in criminal cases
-Advocacy in civil cases
-representing client in court
-drafting advice
-writing opinions on cases
-drafting documents for court
-being employed by the Civil Service
-being employed by the CPS.
-Although a barrister owes a duty of confidentiality to a client, it also owes a duty to the Court.
-Therefore, a barrister cannot mislead a court or judge or waste a court’s time, and all the relevant and honest
information will be required of them by the court.
-this means that if a client confesses their guilt to the barrister then that barrister cannot continue to represent the client in a non guilty defence
How is advocacy in Criminal Cases handled for barristers specialising in defence work?
-Instructed by solicitor who has been advising the defendant from the beginning
- Barrister will advise on the strength of the Prosecution evidence and weaknesses of the defense.
-After this, the defendant will decide to plea guilty or not guilty.
- If not guilty is chosen, barrister will cross-examine prosecution witnesses, provide their own evidence either through witnesses or methods (as mentioned, prosecutor can crossexamine these witnesses and prove, and vice versa)
-after this, the defence will also provide a closing speech outlining the weaknesses in the prosecution case and strengths of the defence.
-If the defendant is still found guilty, a plea in mitigation may be given (whereby prove or persuasion is given to reduce sentence)
- After conviction and sentence, barrister can advise on possibility of apeal against conviction and or sentence. An Appeal can be presented to either the Supreme Court or Court of Appeal.
How is advocacy in Criminal Cases handled for barristers who specialise in prosecution?
-Instructed by Crown Prosecution Service (CPS)
-Likelihood of charges being successful will then be discussed
-Will work with CPS and Police to ensure there is sufficient evidence to prove charges
- When case comes to court, the barrister (prosecutor) will outline case to the Court, will lead prosecution witnesses through their evidence, and cross-examine defense witnesses (witnesses brought by defense barrister)
-Then, a closing speech will be done highlighting the strengths of the prosecution case and weaknesses of the defense.
How is advocacy in Civil Cases handled for barrister?
-A barrister Is instructed by solicitor or (except in family cases) directly by a client.
-Most of the evidence and legal arguments will be presented in writing before any court hearing (provided by a barrister)
- Liability is decided by a judge
-Barrister will argue for an award, usually the amount of damages, and for the award of costs.
-After hearing, barrister may advise on possibility of an appeal against liability and or amount of damages.
-If necessary, will draft appeal papers, consisting of legal arguments.
how does direct access work?
-For years, if someone wished to instruct a barrister, a solicitor was required first.
-This created extra expense, as a result, the Bar Direct was introduced.
-The Bar Direct is a service under which professionals such as accountants could brief a barrister without using a solicitor.
- This arrangement has been extended, and now it is no longer required to go through a solicitor in most Civil Cases
-This however is not allowed for any cases in Criminal Cases or Family Work
what is the limited advocacy work?
Some barristers specialise in areas such as tax or company law and rarely appear in court
