Describe The Role Of Barristers Flashcards
What is the Bar?
The Bar consists of about 16,500 self-employed barristers who work from a set of Chambers, usually about 15-20 barristers.
What role does a clerk play in a barrister’s Chambers?
A clerk is an administrator who books cases and negotiates fees, along with other support staff.
How many barristers are employed by organizations like the Crown Prosecution Service?
There are about 3,000 barristers employed by organizations such as the Crown Prosecution Service.
What is an Alternative Business Structure?
An Alternative Business Structure is a law firm owned by non-lawyers, set up by the Legal Services Act 2007.
How are barristers typically instructed?
A party will usually instruct a solicitor first, who then instructs - ‘briefs’ - a barrister.
What is the Public Access Scheme?
Since 2004, barristers can be instructed directly by members of the public under the Public Access Scheme.
What is the key area of work for barristers?
The key area of work is advocacy - presenting cases in court.
What are full rights of audience?
Full rights of audience mean barristers can appear in any court in England and Wales.
What is the role of a barrister in a criminal case?
If prosecuting, the barrister advises on the likely success of charges and works with the CPS and police to secure a conviction. If defending, they advise on the strength of prosecution evidence and weaknesses in the defense.
Can a barrister represent a client who has confessed guilt and pleads ‘not guilty’?
No, they cannot represent a client with a ‘not guilty’ plea who has confessed guilt.
What types of fees do barristers receive?
Barristers may receive a ‘brief fee’ for taking on a case, an ‘advice fee’ for providing written advice, and fees for days in court if the matter proceeds to trial.
What is a King’s Counsel (KC)?
A KC is a barrister who has practiced for at least 10 years and can take on more complex cases, charge higher fees, and often has a junior barrister to assist.
How many King’s Counsel are there currently?
There are currently about 1,500 King’s Counsel.
What is the process for becoming a King’s Counsel?
Since 2004, an independent selection panel recommends the appointment of a KC, who must pay fees of over £5,000 if appointed.
