Barristers - English Legal System Flashcards
Do barristers work independently
All barristers work independently and are collectively referred to as ‘the bar’ and they are controlled by their own professional body - the general council of the bar
What must barristers be a member of
They must be members of one of the 4 ‘Inns of Court’ in London which are Lincoln’s Inn, inner temple, middle temple and Grays inn
How can you qualify to become a barrister
Entry to the bar is normally degree based if the degree is not in law it is necessary to take the Graduate Diploma in Law (GDL). All students also have to pass the Bar professional training course where they will study case prep, opinion writing and legal research, drafting documents, negotiation, advocacy and conference skills. Once they pass this they are ‘called to the Bar’ and are officially qualified as a Barrister
What stage do Barristers have to take once they have qualified as a Barrister
They have to complete the pupilage stage which is a practical stage. This effectively involves ‘work shadowing’ that Barrister and can be with the same Barrister for 12 months or with 2 barristers for six months each. After 6 months shadowing a qualified barrister they can appear in court and conduct their own cases.
How far in advance are pupillage applications made
They are usually made about 18 months before the start of the pupillage and can be made for up to 12 of the advertised vacancies
How much does the Bar professional training course cost
It usually costs about £15000
Where do Barristers usually work
They usually work from a set of chambers where they share offices with maybe 10-15 others
How can a barrister be approached
They can be either directly approached by a client or contacted by a solicitor on behalf of a client or assigned to a client in a criminal prosecution case if the defendant has no representative.
What is the cab rank rule
This is where a barrister cannot turn down a case if they are free and if it’s in the area of law they deal with. They can only turn it down if approached by a client and if the case requires further investigation
What are the 2 regulatory bodies for barristers
The general council of the bar which represents the interests of the profession as a whole and promotes fair access to justice for all and the Bar standards board which regulates professional standards, investigates alleged breaches in codes of conduct and can impose sanctions including striking off barristers and fining them.
How many barristers work in the profession
About 12,700
Do barristers have full rights of audience
Yes which means they can present cases in any court in England and Wales
Is there contractual liability for Barristers
No but they can be liable for negligence for example in the Hall v Simons case
