16 Questions
What is the primary role of a barrister in a defence case?
To advise on the strength of prosecution evidence and weaknesses, and then the client decides guilty or not.
What is the cab rank rule, and how does it apply to barristers?
The cab rank rule means barristers cannot turn down a case if it is in their area of law and they are free to take the case.
What is the difference between a barrister's role in a prosecution and a defence case?
In a prosecution, a barrister is instructed by the CPS and works with solicitors, CPS, and police to gather evidence, whereas in a defence case, they are instructed by a solicitor and advise on the strength of prosecution evidence and weaknesses.
What is the significance of being a King's Counsel (KC)?
It is a mark of excellence and expertise, allowing KCs to take on more complicated and high-profile cases and command higher fees.
How do barristers specialise in certain areas of law, and what does this involve?
Barristers specialise in certain areas of law, such as commercial or personal injury, and this involves instructing solicitors or being instructed directly by clients.
What is the role of a barrister in presenting evidence and arguments in a civil case?
Barristers present much of the evidence and legal arguments in writing before the hearing, and then advocate for the client in court, focusing on key pieces of evidence and legal issues.
What is direct access, and who can use it?
Direct access is when professionals like accountants or members of the public brief a barrister directly without a solicitor.
What is the process for becoming a King's Counsel (KC)?
The process involves applying after at least 10 years of experience, providing references from lawyers or judges, and being interviewed by an independent panel.
What is the most common route to becoming a barrister?
Completing a three-year law degree that covers the 7 core subjects
What is the purpose of the Bar Professional Training Course (BPTC)?
To equip students with practical skills and knowledge necessary for a career as a barrister
What is the significance of joining one of the four Inns of Court?
To complete qualifying sessions and receive additional training and support
What is the purpose of pupillage?
A compulsory one-year period of practical training under the supervision of an experienced barrister
What is the significance of tenancy in a chambers?
It allows a barrister to practice independently after completing pupillage
What is the duty of confidentiality in relation to clients?
A barrister must not waste court/judges' time and must provide all relevant information to the court
What is the role of a clerk in a set of chambers?
To book cases and negotiate fees on behalf of the barristers
What is the significance of continuing professional development (CPD) for barristers?
To prove ongoing competence and stay up-to-date with the latest developments in law
Study Notes
Training and Qualifications
- Most common route to become a barrister: 3-year law degree covering 7 core subjects
- Alternative route: non-law degree + 1-year Graduate Diploma in Law
- Bar Professional Training Course (BPTC): 1-year practical skills and knowledge course
- Join one of the four Inns of Court (Middle Temple, Lincoln's, Gray's, Inner Temple) before starting the Bar Course
- Complete qualifying sessions with the Inn, including dinners, lectures, etc.
Becoming a Barrister
- Called to the bar after completing the Bar Course
- Pupillage: 1-year practical training under an experienced barrister, divided into two 6-month periods
- First Six: observing and learning from the pupil supervisor and other barristers
- Second Six: taking on own cases under supervision
- Tenancy: offered to successful pupils, allowing them to practice independently as a barrister
Role of a Barrister
- Employed by organizations like CPS, local government, and businesses
- Self-employed barristers work from a set of chambers, sharing expenses with other barristers
- Clerk books cases and negotiates fees
- Duty of confidentiality to clients, including not wasting court time and providing all relevant information
- Can specialize in prosecution or defense work, and have a full right of audience in court
Criminal Cases
- Barristers usually specialize in prosecution or defense work
- Instructed by solicitors to represent a case, meeting clients, preparing, and gathering evidence
- Advise on strength of prosecution evidence and weaknesses, and clients decide on guilt or innocence
- Can advise on appeal and present an appeal to an appeal court
Civil Cases
- Tend to specialize in certain areas of law, e.g., commercial, personal injury
- Instructed by solicitors or directly by clients
- Much of the evidence and legal arguments are presented in writing before court hearings
- May negotiate a settlement before court hearings
Direct Access
- Professionals like accountants can brief a barrister directly without a solicitor
- Members of the public can use Bar Council Direct Access
- Barristers must carry out training for direct access
Cab Rank Rule
- Cannot turn down a case if it is in their area of law and they are free to take the case
- Not applicable in direct access, can turn down cases requiring investigation they cannot provide
King's Counsel (KC)
- After at least 10 years, can apply to become a KC (also known as taking silk)
- Application process involves providing references and being interviewed by an independent panel
- Typically take on more complicated and high-profile cases, command higher fees, and are assisted by junior barristers
Learn about the routes to becoming a barrister, including law degrees, graduate diplomas, and the Bar Professional Training Course. Discover the key skills and knowledge required for a successful career as a barrister.
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