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Barristers
 By Mrs Hilton
Role of Barrister
• Seen as the senior
  branch of the
  profession
• Major role is advocacy
  or speaking for          Barristers have been providing expert advice
  someone at court         and advocacy since the 13th century. For
                           many years they had a monopoly on the right
                           to represent people in the higher courts.
                           Although that monopoly has gone, the Bar
                           remains a thriving profession offering high
                           quality advice and advocacy.
How Barristers are Governed
• Governed by:
• The Senate of Inns of
  Court
• And Bar (aka Bar
  Council)
Inns
• Four Inns of Court    Although barristers are
                        primarily regulated by the Bar
                        Standards Board, the Inns of
                        Court have an important role
                        in their education and
                        training. Indeed, you can only
                        be a barrister if you have been
                        quot;Called to the Barquot; by an Inn
                        of Court. The Inns provide
                        important library, training and
                        dining facilities in London.
Inns
• There are four Inns of   The Inns provide support for barristers and
                           student barristers through a range of
  Court: Lincoln’s Inn,    educational activities, lunching and dining
                           facilities, access to common rooms and
  Inner Temple, Middle     gardens, and provision of various grants and
  Temple and Gray’s Inn.   scholarships. One of the key functions of the
                           Inns is their responsibility for calling barristers
                           to the Bar. Anyone wishing to train for the Bar
                           must join one of the Inns and it is the Inns
                           alone which have the power to call a student
                           to the Bar. Alongside this responsibility, the
                           Inns also have a role in administering
                           disciplinary tribunals to deal with more serious
                           complaints against barristers.
How to become a barrister
•                    • Academic Stage
    3 stages:
•                    • This consists of an
    Academic
                       undergraduate degree in
•   Vocational
                       law, or undergraduate
•   Pupillage          degree in any other
                       subject at the minimum
                       of a 2ii. If you choose the
                       route of an
                       undergraduate degree in
                       a subject other than Law
                       you must complete a one
                       year conversion course
                       (CPE).
Vocational stage
• Vocational Stage                  • Those who are not solicitors,
                                      but have been licensed to
• You must join one of the four
                                      argue in court, are said to have
  Inns before you commence
                                      been quot;called to the Barquot; or to
  this stage of training. The Bar
                                      have received a quot;call to the
  Vocational Course, one year
                                      Barquot;.
  full time or two years part
  time. Once you have
  successfully completed the
  BVC you will be Called to the
  Bar by your Inn. You will also
                                        Like being admitted or enrolled.
  have to undertake twelve
  qualifying sessions (previously
  known as quot;diningquot;) before Call
  to the Bar.
Pupillage stage
• Pupillage
• Pupillage consists of
  one year spent in an
  authorised pupillage
  training organisation
  (either barristers'
  chambers or another
  approved legal
  environment).
What is pupillage?
• Pupillage is the final stage of the
  route to qualification at the Bar,
  in which the pupil gains practical
  training under the supervision of
  an experienced barrister.
• Pupillage is divided into two
  parts:
    – the non-practising six months
      during which pupils shadow, and
      work with, their approved pupil
      supervisor
    – and the second practising six
      months when pupils, with their
      approved pupil supervisor’s
      permission, can undertake to
      supply legal services and exercise
      rights of audience.
What is mini-pupillage?
•   A mini-pupillage is a short period of
    work experience (usually one week)
    in a set of chambers. Spending time
    in this way can provide an excellent
    insight into life as a barrister.
    Relevant mini-pupillage experience
    can be of great benefit to pupillage
    applicants, as it gives the pupil an
    opportunity to impress members of
    chambers and to gain a better
    understanding of the different areas
    of practice as well as the “feel” of the
    set.
•   These impressions are invaluable and
    cannot always be gleaned from
    websites and legal directories.
Dinners?
• Dining - This continues to be the     • They have 12 diners with senior
  main way that student barristers        members of the profession at the
  amass training units for quot;Callquot;         Inns of Court.
  (see above). By dining at his/her
  Inn of Court, the student barrister   • This is to encourage conversation
  is expected to discuss                  and discussion in a formal social
  professional issues with senior         environment
  benchers, develop a network of
  useful professional contacts and
                                        • Can’t help thinking there is a
  take part in a range of
  educational events. Each dinner         degree of social grooming.
  attracts one quot;Training Unitquot;. Units
  may also be awarded for
  attendance at training days
  (normally 2 units) or Training
  weekends (3 units). A total of 12
  units are required to satisfy the
  requirements for quot;Callquot;.
Read How to Survive 12 Dinners
QC
• Queen’s Counsel
• Senior barristers may
  apply to become a QC
• This is known as taking
  silk
• The QC’s higher status
  attracts higher fees
• Tend to work on
  exceptional cases and
  where a client has
  requested a QC
Appointment of QC
• Formally the role of the            • What happens if the Queen
  Lord Chancellor but                   dies and we get a king?
   – Lead to concern of the
     transparency of the
     appointments process
   – Suspicion of old boy network
   – Concerns over role of state in
     conferring QC status
Read
• Read the QC           • What’s an AG?
  Appointment Notes     • What’s a SG?

                        • How many references
                          must an applicant for
                          QC provide?
Role of a Barrister
•
                                                     • Q: What does a split
    A barrister is a lawyer found in many
    common law jurisdictions that employ a
                                                       profession mean?
    split profession (as opposed to a fused
    profession) in relation to legal
    representation.
•   In split professions, the other type of
    lawyer is the solicitor. Solicitors have more
    direct contact with the clients, whereas
    barristers often only become involved in a
    case once advocacy before a court is
    needed by the client.
•    Barristers are also engaged by solicitors to
    provide specialist advice on points of law.
•   Barristers are rarely instructed by clients
    directly (although this occurs frequently in
    tax matters). Instead, the client's solicitors
    will instruct a barrister on behalf of the
    client when appropriate.
Complaints
                                    • Zahida Manzoor CBE,
• Complaints can be made to
                                      Legal Services
  their Inns, the Bar Council or
  to a complaints
                                      Complaints
  commissioner to investigate.
                                      Commissioner
  In extreme cases it is possible
  for the senate of the Inn to
  disbar a barrister!
• Barristers can be sued for
  negligence. They would be
  disciplined if they failed to
  maintain the standard of
  their code of conduct.
Legal Services Ombudsman
                             •
• A Legal Services               Zahida Manzoor CBE is the Legal Services
                                 Ombudsman (LSO) for England and Wales.
  Ombudsman was                  She is completely independent of the legal
                                 profession and a non lawyer.
  established to handle      •   Zahida Manzoor CBE is supported by
                                 around 25 office staff, including a team of
  the complaints by the          investigating officers who carry out
  Bar Council.                   detailed investigation work.
                             •   Her powers derive from the Courts and
                                 Legal Services Act 1990. In creating the
                                 role of Ombudsman, it was Parliament’s
                                 intention to protect the interests of the
                                 consumers of legal services – clients, and
                                 members of the public. She does this by
                                 ensuring that the professional bodies
                                 conduct fair, thorough and efficient
                                 investigations of complaints about their
                 Seem            members.
                 Familiar?
Solicitor V Barrister
• The practical difference between the two professions is twofold:
• The barrister will usually be the lawyer who represents litigants as
  their advocate before the courts of that jurisdiction. A barrister will
  usually have rights of audience in the higher courts, whereas other
  legal professionals will have more limited access, or will need to
  take additional qualifications to do so. In this regard, the profession
  of barrister corresponds to that part of the role of legal
  professionals found in civil law jurisdictions relating to appearing in
  trials or pleading cases before the courts. Barristers used to have a
  major role in trial preparation, including drafting pleadings and
  reviewing evidence. In some areas of law, that is still the case. In
  others, it is relatively common for a barrister to only receive a
  quot;briefquot; from an instructing solicitor to represent a client at trial a
  day or two before the hearing.[1]
Another reason why barristers are so
               great
• Barristers often have a more specialised
  knowledge of case-law and precedent.
• When a solicitor in general practice is
  confronted with an unusual point of law, they
  sometimes seek the quot;opinion of counselquot; on
  the issue.
Questions
• How many dinners must a Barrister eat before
  they can practice?
• How many Inns of court are there?
• What are the names of the 4 Inns of court?
• What are the 3 stages to becoming a
  barrister?
• If you don’t do the dinners what are the two
  other ways you can fulfil your barrister
  training?

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Law-Exchange.co.uk Powerpoint

  • 2. Role of Barrister • Seen as the senior branch of the profession • Major role is advocacy or speaking for Barristers have been providing expert advice someone at court and advocacy since the 13th century. For many years they had a monopoly on the right to represent people in the higher courts. Although that monopoly has gone, the Bar remains a thriving profession offering high quality advice and advocacy.
  • 3. How Barristers are Governed • Governed by: • The Senate of Inns of Court • And Bar (aka Bar Council)
  • 4. Inns • Four Inns of Court Although barristers are primarily regulated by the Bar Standards Board, the Inns of Court have an important role in their education and training. Indeed, you can only be a barrister if you have been quot;Called to the Barquot; by an Inn of Court. The Inns provide important library, training and dining facilities in London.
  • 5. Inns • There are four Inns of The Inns provide support for barristers and student barristers through a range of Court: Lincoln’s Inn, educational activities, lunching and dining facilities, access to common rooms and Inner Temple, Middle gardens, and provision of various grants and Temple and Gray’s Inn. scholarships. One of the key functions of the Inns is their responsibility for calling barristers to the Bar. Anyone wishing to train for the Bar must join one of the Inns and it is the Inns alone which have the power to call a student to the Bar. Alongside this responsibility, the Inns also have a role in administering disciplinary tribunals to deal with more serious complaints against barristers.
  • 6. How to become a barrister • • Academic Stage 3 stages: • • This consists of an Academic undergraduate degree in • Vocational law, or undergraduate • Pupillage degree in any other subject at the minimum of a 2ii. If you choose the route of an undergraduate degree in a subject other than Law you must complete a one year conversion course (CPE).
  • 7. Vocational stage • Vocational Stage • Those who are not solicitors, but have been licensed to • You must join one of the four argue in court, are said to have Inns before you commence been quot;called to the Barquot; or to this stage of training. The Bar have received a quot;call to the Vocational Course, one year Barquot;. full time or two years part time. Once you have successfully completed the BVC you will be Called to the Bar by your Inn. You will also Like being admitted or enrolled. have to undertake twelve qualifying sessions (previously known as quot;diningquot;) before Call to the Bar.
  • 8. Pupillage stage • Pupillage • Pupillage consists of one year spent in an authorised pupillage training organisation (either barristers' chambers or another approved legal environment).
  • 9. What is pupillage? • Pupillage is the final stage of the route to qualification at the Bar, in which the pupil gains practical training under the supervision of an experienced barrister. • Pupillage is divided into two parts: – the non-practising six months during which pupils shadow, and work with, their approved pupil supervisor – and the second practising six months when pupils, with their approved pupil supervisor’s permission, can undertake to supply legal services and exercise rights of audience.
  • 10. What is mini-pupillage? • A mini-pupillage is a short period of work experience (usually one week) in a set of chambers. Spending time in this way can provide an excellent insight into life as a barrister. Relevant mini-pupillage experience can be of great benefit to pupillage applicants, as it gives the pupil an opportunity to impress members of chambers and to gain a better understanding of the different areas of practice as well as the “feel” of the set. • These impressions are invaluable and cannot always be gleaned from websites and legal directories.
  • 11. Dinners? • Dining - This continues to be the • They have 12 diners with senior main way that student barristers members of the profession at the amass training units for quot;Callquot; Inns of Court. (see above). By dining at his/her Inn of Court, the student barrister • This is to encourage conversation is expected to discuss and discussion in a formal social professional issues with senior environment benchers, develop a network of useful professional contacts and • Can’t help thinking there is a take part in a range of educational events. Each dinner degree of social grooming. attracts one quot;Training Unitquot;. Units may also be awarded for attendance at training days (normally 2 units) or Training weekends (3 units). A total of 12 units are required to satisfy the requirements for quot;Callquot;.
  • 12. Read How to Survive 12 Dinners
  • 13. QC • Queen’s Counsel • Senior barristers may apply to become a QC • This is known as taking silk • The QC’s higher status attracts higher fees • Tend to work on exceptional cases and where a client has requested a QC
  • 14. Appointment of QC • Formally the role of the • What happens if the Queen Lord Chancellor but dies and we get a king? – Lead to concern of the transparency of the appointments process – Suspicion of old boy network – Concerns over role of state in conferring QC status
  • 15. Read • Read the QC • What’s an AG? Appointment Notes • What’s a SG? • How many references must an applicant for QC provide?
  • 16. Role of a Barrister • • Q: What does a split A barrister is a lawyer found in many common law jurisdictions that employ a profession mean? split profession (as opposed to a fused profession) in relation to legal representation. • In split professions, the other type of lawyer is the solicitor. Solicitors have more direct contact with the clients, whereas barristers often only become involved in a case once advocacy before a court is needed by the client. • Barristers are also engaged by solicitors to provide specialist advice on points of law. • Barristers are rarely instructed by clients directly (although this occurs frequently in tax matters). Instead, the client's solicitors will instruct a barrister on behalf of the client when appropriate.
  • 17. Complaints • Zahida Manzoor CBE, • Complaints can be made to Legal Services their Inns, the Bar Council or to a complaints Complaints commissioner to investigate. Commissioner In extreme cases it is possible for the senate of the Inn to disbar a barrister! • Barristers can be sued for negligence. They would be disciplined if they failed to maintain the standard of their code of conduct.
  • 18. Legal Services Ombudsman • • A Legal Services Zahida Manzoor CBE is the Legal Services Ombudsman (LSO) for England and Wales. Ombudsman was She is completely independent of the legal profession and a non lawyer. established to handle • Zahida Manzoor CBE is supported by around 25 office staff, including a team of the complaints by the investigating officers who carry out Bar Council. detailed investigation work. • Her powers derive from the Courts and Legal Services Act 1990. In creating the role of Ombudsman, it was Parliament’s intention to protect the interests of the consumers of legal services – clients, and members of the public. She does this by ensuring that the professional bodies conduct fair, thorough and efficient investigations of complaints about their Seem members. Familiar?
  • 19.
  • 20. Solicitor V Barrister • The practical difference between the two professions is twofold: • The barrister will usually be the lawyer who represents litigants as their advocate before the courts of that jurisdiction. A barrister will usually have rights of audience in the higher courts, whereas other legal professionals will have more limited access, or will need to take additional qualifications to do so. In this regard, the profession of barrister corresponds to that part of the role of legal professionals found in civil law jurisdictions relating to appearing in trials or pleading cases before the courts. Barristers used to have a major role in trial preparation, including drafting pleadings and reviewing evidence. In some areas of law, that is still the case. In others, it is relatively common for a barrister to only receive a quot;briefquot; from an instructing solicitor to represent a client at trial a day or two before the hearing.[1]
  • 21. Another reason why barristers are so great • Barristers often have a more specialised knowledge of case-law and precedent. • When a solicitor in general practice is confronted with an unusual point of law, they sometimes seek the quot;opinion of counselquot; on the issue.
  • 22.
  • 23. Questions • How many dinners must a Barrister eat before they can practice? • How many Inns of court are there? • What are the names of the 4 Inns of court? • What are the 3 stages to becoming a barrister? • If you don’t do the dinners what are the two other ways you can fulfil your barrister training?