where do barristers work
from a set of chambers
self employed
employed by government orgainisations like civil service or CPS
wh are barristers instructed by
solicitors and the direct/public access portal
whats the direct access portal
lets memebers of the public direcrtly access barristers
what do barristers do other than prepare documents
advise clients, negociate on their behalf, appear in court
whats full rights of audience
they can present any case in court, meaning advocacy is important
what do barristers do in criminal cases
defend D, prosecute for the CPS
they are instructed by solocitors who have spoken with D or by CPS
Advise D on the strength of the case
what do barristers do in civil cases
handled through written evdidence and arguments prepared by Barristers before trial
negociation meetings too
court case= B presenting evidence and advise on the poss of appeal against liability
what can B’s do after 10 years of practise
apply to be a Kings counsel (taking silk)
what does the kings counsel application consist of
references froim lawyers and judges who have heard the barristers cases and there is an interview with an indepdent panel
whats a barristers duty
confidentaily to all clients and to court
barrister cant mislead court or waste time, has to make sure the court has all info even if it weakens their clients case
cab rank rule?
cant turn down a case if its their area of expertise and they’re available
due to confidentialty, if a client admits their guilt to a barrister what do they have to do
barrister doesnt have to disclose this but cant represent that client if they plead not guilty
whats the bar standards board
sets out a code of conduct for barristers and investigates any alleged breaches. this board can disipline a barrister who is in breach
serious matters of breach are held by who
disiplinary tribunal
possible sanctions for barristers?
reprimand, training, fine, suspension or disbarring
if a complainant is unahppy with the bar standards board what happens
legal services act 2007 says they can make a complaint to the legal ombudman
what does hall v simons say
barristers can be sued for breach of contract or negligence if their quality of work is poor
