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BARRISTERS (Role (Direct Access (The solicitor would than brief the…
BARRISTERS
Role
Even those who specialise in advocacy will do a certain amount of paperwork, writing opinions on cases, giving advice and drafting documents for use in court
There are some barristers who specialise in areas such as tax and company law, and will rarely appear in court
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Direct Access
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This was thought to create unnecessary expense for clients, as it meant they had to use 2 lawyers instead of 1
Originally it was necessary for anybody who wished to instruct a barrister to go to a solicitor first
No longer necessary to go to a solicitor in order to instruct a barrister for civil cases, although in the majority of cases this will still happen
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To do direct access work, a barrister must do additional training
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If they are appointed as a QC this means that they will take on more difficult and complex cases and their earnings will be more
Employed Barristers
Barristers can be employed by government organisations, the Civil Service, local government and businesses
In particular the Crown Prosecution Service employs a large number to prosecute cases in the criminal courts
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After a barrister has practised for at least 10 years, an application to be made a QC can be made
They will employ a clerk as a practice administrator – booking in cases and negotiating fees – and they will have other support staff
Criminal Advocacy
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The intention is that advocates will only be allowed to act in serious cases when they have shown competency in lower level cases
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Barristers practising at the Bar are self-employed, but usually work from a set of chambers where they can share administrative expenses with other barristers
Most sets of chambers are fairly small, with about 15-20 barristers
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About 3,000 barristers employed by organisations such as:
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12,700 barristers who are self-employed in independent practice in England + Wales
Qualification + Training
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Once students pass the Bar Professional Training Course, he is then ‘called to the Bar’
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However, still a practical stage to training which must be completed – pupillage
If the degree isn’t in law, it’s necessary to take the Graduate Diploma in Law (GDL)
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Pupillage
After the student has passed the Bar Professional Training Course there’s ‘on the job’ training where the trainee barrister becomes a pupil to a qualified barrister
Involves ‘work shadowing’ that barrister, and can be with the same barrister for 12 months or with 2 different Pupil Supervisors for 6 months each
Method of applying for pupillage has recently been changed so that an application is made to a central point, the Pupillage Gateway
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Evaluation
Not enough training
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The Ormrod Committee which reported on legal education in 1971 thought that the main entry route should be via a law degree, but in practice not all barristers will have taken a law degree
Over-supply
In 2014-2015 there were over 1,500 students taking the BPTC but only 422 pupillages available
Some students will have run up massive debts and yet be unable to complete their training as a barrister
Not enough pupillage places for the number of students who pass the Bar Professional Training Course
Finance
Students from less well-off families cannot afford to take the course, preventing them from becoming barristers
If they have a degree in a subject other than law and have had to do the GDL, they will also have had to pay for that course
Students normally having to pay the fees of the Bar Professional Training Course (about £15,000)
Increasing problem since universities have raised fees to £9,000 a year, so that students are already in debt from their degree course
Rights of audience → the right to present a case in court on behalf of another person
Advocacy → presenting cases in court