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Barristers - Coggle Diagram
Barristers
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What are they?
- There's about 13,000 practicing barristers in England & Wales (makes it considerably smaller than solicitors)
- They are also referred to as "counsel" for the most senior and accomplished barristers (male monarch = King's counsel / female monarch (slay) = Queen's counsel)
- They specialise in trial advocacy (conduct litigation) mostly in superior courts (Crown court and above) whereas solicitors handle general range of professional legal work)
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Counsel
King's Counsel
- Senior barristers with at least 15 years of experience in practice and an accomplished record of achievement can apply for recognition as King's Counsel (KC)
- This means taking silk (KC's wear gowns made of silk instead of normal cotton when appearing in court)
- Barristers who don't become a KC are referred as juniors regardless of their age/experience (KC's are usually the leading counsel whereas juniors are "being led" by the KCs
Benefits of taking silk:
- As a 'quality mark' of a barrister's accomplishments in the profession
- Able to receive more high-profile cases that pays much more fees
- More paperwork delegated to their junior counsel
- More sought-after by clients and other sets/chambers if they ever move
Queen's Counsel
- Selection process for QC is similar to that of judges and involves a non-transparent 'secret soundings' process where the Lord Chancellor finds suitable candidates to be given the title
- New process: independent panel will review application by barristers and solicitors to be appointed as QC and decide on each of them. Panel include Bar Council and the Law Society that selects base on merit followed by references from judges, lawyers, and clients
- Other jurisdictions have a similar system recognising Senior Consel (SC) as a mark of accomplishment in the legal profession (e.g. HongKong, Singapore)
The of QC (Honoris Causa) can be bestowed on eminent layers not involved in court work like academics and solicitors in transactional work
Cab-rank rule
- A barrister must accept any case that falls within their specialisation and for a reasonable free offered
- To ensure every client has equal legal representation
- But barristers can cheat this rule by saying they are not available during this time to avoid the case
Regulation of barristers
- Barristers used to be self-regulated by their professional body, the Bar counci
Direct access to clients
- Until 2004, barristers can't deal directly with client, where clients must approach and work with solicitors who would then instruct/brief the council (the barrister)
- This was not ideal because solicitors usually establish familiar working relationships with certain barristers whom most of their work will be directed - even if its not the most suitable/cost-effective option for the client
- In 2004, Bar Council amended rules under the Direct Access scheme to enable clients to directly contact barristers to get advice or to represent them in court
- Only barristers accredited by the Bar Council under the scheme can do this. To qualify for this you must be a barrister with minimum 3-years of practice and a short course preparing them to direct with a client