Barristers Flashcards
What is the academic stage of training?
Law degree
Non-law degree and one year CPE or GDL or senior status law degree
Mature students may take 2 year CPE
What happens at the professional/Vocational stage of training for a barrister?
Joining one of the 4 Inns
1 year full time, Bar professional training course (inns of Court & 6 other law schools) for those who wish to practice
1 year bar examination course for those not wishing to practice
Applicant is called to the bar, dining requirement removed Oct 1997 but replaced by 12 qualifying sessions
The student is called a barrister, however they may not practise until they have completed pupillage for 1 year. They can act as a non-practising barrister
What happens in the practice stage of training for a barrister?
1 year pupillage (2X6 months with different pupil masters, can earn fees in the 2nd; 6 months practising 6 months non-practising)
Now qualified the barrister must find tenancy in a set of chambers
What are the problems of training as of 2012?
82% of barristers attend Oxbridge, pack of diversity, elitist
Variable quality of pupillages
Choice to become a barrister has to be made very early
What are the types of work of a barrister?
- Right to audience in all courts or tribunals either as a prosecutor or defender in civil or criminal case. But they no longer have a monopoly on advocacy in the higher courts
- Barristers also give written opinions and draft statements and legal documents
What is the place of work for a barrister?
- They can be employed (CPS, ICI, Criminal Defence Service) and salaried.
- They can be independent and working alone- In theory they can work alone from home but this is rare. In 1997 there were 576 sets of chambers and 156 sole practitioners. Bar council Code of Conduct 1990- prohibits barristers from forming partnerships.
- Self employed in chambers- Barristers work in and join one of the 6 geographical circuits. Chambers provide shared resources and a clerk to help find clients and negotiate fees. they are usually paid a percentage of their barristers fee.
What is meant by direct access?
It used to be necessary to instruct a solicitor to brief a barrister for you, now under ‘Bar direct’ it is possible for professions (accountants) and others to brief a barrister direct in CIVIL cases.
What is the cab rank principle?
a barrister must take the next case to come along, provided they are not already briefed to appear in court on that day and the case is in their field of expertise.
Advantage: apparently guilty still deserve representation even if it is at the sentencing stage.
THIS RULE DOES NOT APPLY IF THE BARRISTER IS DIRECTLY APPROACHED BY THE CLIENT.
What is the Queen’s Counsel?
Makes up 10% of barristers, which used to be a secret sounding but they are now appointed properly.
All barristers are junior unless they take ‘silk’ and become a QC after 10-20 years.
They may sit on the front bench in court and no longer have to draft pleadings.
QC’s are allowed a silk gown rather than a stuffed one.
Counsel rules- since 1977 a QC can appear in court without a junior but it is unusual.
Who can regulate barristers?
- The Bar Council (general council of the bar) the governing professional body was set up in 1894 and they issue codes of conduct. Many powers have been transferred to the senate but it still maintains the standards of independence of the bar by representing and acting for the bar.
- Legal Services Complaints Commissioner.
- Bar Standards Board.
- Legal Services Ombudsman.
How can you complain about a barrister through the courts?
NOT A CONTRACTUAL RELATIONSHIP.
Traditionally, a barrister does not enter into a contract with this client and cannot sue his client for payment nor be sued.
TORTUOUS LIABILITY
Barristers can be sued for negligent preparation and can now be sued for negligent work done in court. (Hall V Simmons 200)
What are solicitor advocates?
COURTS AND LEGAL SERVICES ACT 1990.
Solicitor advocates are solicitors for 3 years or more. They need an additional qualification. Can represent clients in all courts.
