Barristers
Education + Training
To become a barrister you need to have a law degree or non-law degree with Graduate Diploma in Law or Common Professional Examination over three years which 7 core subjects are required. All students have to pass the Bar Professional Training Course which is case preparation, legal research, written skills, opinion-writing, drafting document such as claim forms, conference skills, negotiation and advocacy.
All students must join one of the four Inns of Court and used to have to dine there 12 times before being called to the Bar. Students may now attend in a different way, for example weekend residential course. Once a student has passed the BPTC, he is then ‘called to the Bar’. This means that they are officially qualified as a barrister. However, there is still a practical stage to their training which must be completed. This is called ‘pupillage’.
The pupillage involves ‘work shadowing’ that barrister, and can be with the same barrister for 12 months or with two different pupil masters for six months each. During pupillage trainee barristers are paid a small salary, usually about half the amount paid to solicitors. There is also a requirement that they take part in a programme of continuing education organized by the Bar council. After the first six months of pupillage, barristers are eligible to appear in court and may conduct their own cases.
Organization + Work
Barristers are referred to as ‘the Bar’ and they are represented by their own professional body – the General Council of the Bar. All barristers must also be a member of one of the four Inns of Court.
Barristers practicing at the Bar are self-employed, but usually work from a set of chambers where they can share administrative expenses with other barristers with a clerk to organize the administration. Many will do a third six-month pupillage and then ‘squat’ as an unofficial tenant before obtaining a place.
The majority of barristers concentrate on advocacy, although there are some who specialize in areas such as tax and company law, and who rarely appear in court. Those who specialize in advocacy of a certain amount of paperwork, writing opinions on cases, giving advice and drafting documents for use in court.
Normally barristers operate what is known as the ‘cab rank rule’, under which they cannot turn down a case if it is on the area of law they deal with and they are free to take the case. However, where clients approach a barrister direct, the cab rank rule does not apply. Barristers can turn down a case which would require investigation or support services which they cannot provide.
Originally it was necessary for anybody who wished to instruct a barrister to go to a solicitor first. The solicitor would then brief the barrister. This was thought to create unnecessary expense for clients. As a result of criticism the Bar has granted direct access to anyone, business or individual in civil cases but not including criminal cases or family work.
Some barristers are working for the Crown Prosecution Service in the employed Bar which have full rights of audience in all courts.
After at least ten years as a barrister with an advocacy qualification, it is possible to apply to become Queen’s Counsel (QC). QCs usually take on more complicated and high profile cases than junior barristers, and they can command higher fees for their recognized expertise. Often a QC has junior barrister to assist with the case.