Legal Personnel Flashcards
How many barristers are there in England?
-16,500
-3000 employed by CPS etc
What is ‘the bar’?
-Practising barristers as a collective
-self employed
-work from a set of chambers where they share administration fees with others
What must all practising barristers be a member of?
-One of the 4 inns of court
-Lincoln’s inn, inner temple, middle temple and Gray’s inn
-located by Royal courts of Justice in london
Chambers
-Where self employed practising barristers work from
-share administration expenses
-small = 10-20 barristers
-larger = 50 or more
-employ clerk as practice administrator the book cases and negotiate fees
Who does a barrister owe a duty of care to?
-Duty of confidentiality to client
-duty to court (not mislead court or judge or waste time, make sure court has all relevant info it needs even if weakens case) but don’t have to breach confidentiality
-if confess guilt then need guilty plea
Rights of audience
-right to present a case in court as an advocate
Advocacy in criminal cases
-either specialise in prosecution or defence
Prosecution
-barrister instructed by CPS
-advise on success of charges and work w CPS and police to ensure enough evidence to prove charges
Defence
-Barrister instructed by solicitor who has seen dft
-advise on the strength of the P’s evidence and weaknesses in defence
-d decides if plead NG or G
-after conviction and sentence, can advise on appeals. Can present appeal to appeal court
Advocacy in civil cases
-Specialise in fields eg PI or commercial
-instructed by solicitor or by client direct except legal aid and family cases
-lots of evidence in writing before court, drafted by barrister. Attend meetings, negotiate settlement
-advocate evidence in hearing
-if winning party, argue for award
-can advise on appeal, draft papers
Direct access
-professionals (accountants) can brief barrister without solicitor
-public can also use (access through bar council direct access portal)
-need additional training
Limited advocacy work
-specialise in tax or company law, don’t appear in court often
Cab rank rule
-can’t turn down a case if its in the area of law they deal with and they are free to take it
-in direct access, cab rank doesn’t apply, can turn down a case needing investigation they can’t provide
Employed barristers
-employed by gov orgs, civil service, local gov or businesses
-CPS employs to prosecute crim cases
-same rights of audience
QC
-after 10 yrs can apply
-10% at bar are QC
-taking silk
-more complex cases, higher fees, expertise
-have junior barrister to assist
-application process, fee and give references and be interviewed