Barristers Flashcards
What are the training routes to become a barrister?
Law degree
Membership of an inn of court-dine or on course
One year full time bar professional training course
Call to the bar
Pupillage
Non law degree
CPE
Membership of an in of court- dine or on course
One year full time bar professional training course
Call to the bar
Pupillage
Non graduate mature student
Two year CPE
Membership of an inn of court- either dine or on course
One year full time bar professional training course
Call to the bar
Pupillage
=practice as a barrister
How many barristers in independent practice and employed in organisations such as CPS?
12,000
3,000
What is on the bar professional training course?
Case preparation Legal research Written skills Opinion- writing Drafting documents such as claim forms Conference skills- interviewing clients
What is pupillage?
Pupil of qualified barrister
2x6 months
Continuing education with bar council
After the first six months they can conduct their own cases
Gain Half the amount of salary gained by trainee solicitors
How many barristers work in a set of chambers?
15-25
What does the clerk do?
Work as a practice administrator- booking cases and negotiating fees- along with other support staff
No room?
Squat
What do few barristers specialise in?
Tax and company law
What roles do they do?
Writing opinions
Giving advice
Drafting documents
Advocacy
Direct access can be gained in which cases?
Civil
Can rank rule?
Cannot turn down a case if it is the area of law that they work in and are free to take the case
Doesn’t apply it client approaches barrister if investigation or support services are required
After how many years can you take silk?
10
How are QC’s selected?
Independent selection panel Fee 2,500 References Recommend to lc who to appoint 40-55 more successful
Case example of being able to be sued
Saif Ali v Sydney Mitchell and co
Who are the bar standards board?
Regulates the profession of barristers
Sets training and entry standards
Sets code of conduct
Investigates any alleged breach of the code
If the matter if serious it will be referred to the disciplinary tribunal of the council of the inns of court
What power does the disciplinary tribunal of the council of the inns of court?
Suspend a barrister from practice, disbar barrister from practising
What did the legal services act result in?
Result of Clementi report
Legal services board- regulator to oversee all legal professionals
Office got legal complaints
Role of legal services board?
Independent oversight of the legal profession
Chairman and seven to ten members appointed by the secretary of the state
First chair man must be non lawyer majority of members non lawyers
If either regulatory body decides to make major changes to code of conduct or working practices
Previous restrictions in the legal profession business structures
Barristers and solicitors could not operate from the same business
Lawyers were not allowed to enter into partnership with non lawyers
Non lawyers could not be involved in the ownership or management of a legal business
Legal practices could operate as companies
Changes made by legal services act to business structures
Legal businesses to include lawyers and non lawyers
Legal businesses to include barristers and solicitors
Non lawyers to own legal businesses
Legal businesses to operate as companies
Alternative business structures
Can be owned by non lawyers
ABS licence needed
Access to justice must be considered when licence is applied for, preventing commercial businesses picking the most profitable areas of law
Advantages of fusion
Reduced costs
Less duplication of work
More continuity
Disadvantages of fusion
Decrease in the specialist skill of advocacy
Loss of the independent bar and lack of availability of advice from the specialists at the bar
Less objectivity in consideration of a case
Can rank principle lost
The courts and legal service act 1990 and the accession justice act 1999 mean?
Barristers and solicitors can take cases from start to finish
