Barristers Flashcards
What is the training route for barristers
A levels
Law degree 3y 8kpy 7 core subjects
Bar professional training course
1ft 2pt 10k case preparation advocacy drafting
Join inn of court greys Lincoln inner middle dine 12 times meet others
Pupillage any chambers 12 months paid 1/2 of trainee solicitor shadow a barrister after 6 months have their own case
Done
Barristers are referred to as
The bar
The professional body that represents the bar
The general council of the bar
Can client and barrister sue
Client and barrister can’t sue as no contract is set out
Can barristers be sued other ways
Barristers can be sued for negligence case : saif Ali v Sydney Mitchell and co 1980 wrong advice given
Who deals with complaints
Legal ombudsman set up in 2010 and are completely impartial
Punishment for negligence to lawyer
Apologise Give document back Put things right Refund fees Pay up to 30k
Who regulated the profession
The bar standards board
Council of the inns of court can punish by
Suspend from practice or disbar barristers
How many barristers are there
12,000 and a further 3,000 in in the cps and local government
How do barristers work
Since 2004 the bar has granted direct access to anyone in civil cases so you now no longer need to see a solicitor to instruct a barrister.
Direct access is still not allowed for criminal cases or family work!!!
What is the cab rank rule
If a case related to a barristers area is there and the barrister is free they have to take the case. Like a can rank
When does the cab rank rule not apply
When the client goes directly to the barrister or would require investigation or support services which they cannot provide Only then they can turn down a case
When can a barrister or solicitor become part of the qc
A barrister or solicitor can back me part of the queens council after 10 years if the solicitor has an advocacy qualification.
Why does the qc do
Take on more complicated cases which generally high profiled ones conpared to junior barristers
Can command higher fees for their expertise
Often qc will have a junior barrister assist
About 10% of the bar are qc
Becoming a qc is known as taking silk