Barristers Flashcards
who do they work for
usually themselves however gov organisations can hire them too
examples of gov organisations that hire them
CPS or the civil service
what is the public access portal
system that allows the public to directly access barristers unless its a legal aid case
roles (4)
- prepare legal documents
- advise clients
- negotiate on their behalf
- appear in court
advocacy definition
speak up for others
role in criminal cases when defending (6)
- represent the defendant
- instructed by the solicitor who has spoken to D already
- will advise on the strength of the case
- D will decide whether or not to plead guilty
- may represent them in court
- can then advise on appeal after the case
role in criminal cases when prosecuting (5)
- prosecute for CPS
- are instructed by CPS
- will advise on strength of case against D
- may represent CPS in court
- after can advise on possibility of appeal
role in civil cases (3)
- instructed by solicitor or directly by the client
- prepare written evidence and documents to be used in trail and negotiation meetings outside of the courtroom
- their advocacy consists of presenting evidence
duties (2)
- owe client a duty of confidentiality
- owe court a duty of honesty
confidentiality rule
if D admits to their crime they don’t have to disclose it however they cant represent them anymore- duty not to mislead the court
cab rank rule
barristers cant usually turn down a case if its in their area of expertise and they’re available
Bar standards board
sets code of conduct abd does initial investigation
disciplinary tribunal
handles more serious matters
punishments for poor conduct (5)
- formal warning
- further training
- a fine
- suspension
- disbarring
Hall V Simon
barristers can be sued
