Barristers Flashcards
What is the typical structure where most self-employed barristers work?
Most self-employed barristers work from a set of Chambers, which typically house 15-20 barristers.
Who manages the administration in a set of Chambers?
An administrator or clerk manages bookings, negotiates fees, and handles support services in Chambers.
How many self-employed barristers are there in England and Wales?
There are around 16,500 self-employed barristers.
Where do employed barristers work?
Approximately 3,000 barristers are employed by organisations such as the Crown Prosecution Service (CPS) and Local Government.
What are Alternative Business Structures (ABSs)?
ABSs are law firms owned by non-lawyers, introduced by the Legal Services Act 2007, where barristers can work.
What is the usual route for a client to instruct a barrister?
Typically, a client first instructs a solicitor, who then briefs a barrister.
What is the Public Access Scheme?
Since 2004, barristers can be directly instructed by members of the public under this scheme.
Do barristers specialise? If so, how?
Yes, many barristers specialise in areas such as criminal law or family law.
What is the main function of a barrister?
Their key role is advocacy – presenting cases in court with full rights of audience in all courts.
What are the barrister’s duties when prosecuting a criminal case?
They advise the CPS on case strength, collaborate with police and the CPS to secure a conviction, and present the case in court.
What are a barrister’s duties when defending a case?
They advise on the strength of prosecution evidence, assist with the defence strategy, and can suggest appeals if convicted.
What can’t a barrister do when defending a client?
They cannot represent a client who pleads not guilty if the client has already confessed guilt.
Aside from court advocacy, what else do barristers do?
They provide written opinions, host conferences, advise clients and solicitors, draft legal documents, and negotiate settlements.
How are barristers paid?
They may receive a brief fee (for taking on a case), an advice fee (for written work), and daily court fees for trials.
What is the title for a senior barrister and how is it achieved?
After 10 years, barristers can apply to become King’s Counsel (KC), also known as taking silk.
How many King’s Counsel (KCs) are there currently?
There are about 1,500 KCs.
What is different about the cases a KC handles?
KCs take on more complex and high-profile cases, charge higher fees, and often work with a junior barrister.
Who appoints KCs and how?
Since 2004, an independent panel recommends KC appointments. If selected, the barrister pays over £5,000 in fees.
