The Legal Profession

Barristers Like solicitors, a barristers role is ultimately to offer legal advice, but they spend more of their time at court than solicitors do. Barristers are specialist legal advisers and court room advocates. They are independent, objective and trained to advise clients on the strengths and weaknesses of their case. They have specialist knowledge and experience in and out of court, which can make a substantial difference to the outcome of a case. Early advice can often save clients the cost and worry of an unnecessary trial. A high proportion of civil cases are settled out of court, and instructing a barrister greatly strengthens the client's hand at negotiation. Even at a trial, whether in a civil or criminal court, a well-argued case and good cross-examination will impress a judge and, if relevant, a jury.

Route of study A-levels or level 3 equivalent Law degree (LLB) or conversion course Join an Inn of Court BPTC Bar Professional Training Course Pupilage

The 4 Inns of Court The Inns provide support for barristers and students through a range of educational activities, lunching and dining facilities, access to common rooms and gardens and the provision of various grants and scholarships. Anyone wishing to join the Bar must join one of the Inns, which are responsible for "Calling" barristers to the Bar. The Inns also have a role in administering disciplinary tribunals to deal with more serious complaints against barristers. 1.Lincoln’s Inn 2.Inner Temple 3.Middle Temple 4.Gray’s Inn

Once you have completed your BPTC course, you are eligible to be Called to the Bar. You cannot commence the second half of the pupillage until you have been Called. It is the graduation ceremony for BPTC students and is held at your Inn of Court. In order to qualify for Call a student must have successfully completed the vocational stage (the BPTC course) and also have completed the requisite number of qualifying sessions (currently 12), which are dining or educational sessions in the relevant Inn. Call Night counts as one qualifying session. Once Called, individuals have the title "barrister", but you need to have completed pupillage before you can practice or call yourself a barrister in connection with the supply of legal services.

Etiquette Barristers never shake hands either in court or when meeting socially. The reasons are that it is a small profession where many know each other from early years of training or regular appearance in court, and of course dining together. More importantly perhaps, is that a client would not be impressed if his advocate appeared to be very friendly with his opponent's advocate. Barristers never enter or leave a court room without bowing to the judge. It is said that it is not the judge they are bowing to but the 'presence' of the Queen. More realistically it is greeting. Certainly, a barrister never bows when entering an empty courtroom. Dignifying the judge It is interesting to note that barristers never carry briefcases, although their written instructions are called briefs. Also, barristers never leave a courtroom if it means the judge would be left on his own, always one barrister remains, this is called "dressing the judge". Mode of address Barristers refer to each other as "My Learned Friend" and refer to solicitors as "My Friend". Solicitors, policemen and court staff refer to magistrates as "Your Worships", barristers use the term of address, "Sir" or "Madam". Barristers robing and discussing cases To a stranger it is disturbing to hear these settlements, barristers will often use the phrase "I" and not "my client", so the conversation will perhaps be "I took the property, but I was not stealing it, I intended to return it", it sounds even worse if they are deciding legal issues of rape. Barristers are provided with a 'robing room' in court buildings, cases are often settled here.

Barristers Work Barristers offer legal advice but mainly represent their clients in court. They are self-employed and operate from chambers shared with other barristers, assisted by legal clerks. Direct Access Originally, anyone who wished to instruct a barrister would have to go to a solicitor first, but can have direct access under the changes made in 2004 by the Bar. It is however, no permitted for criminal or family cases. Cab-Rank rule Normally, barristers cannot turn down a case if it is within their specialism and they are free to do so. This is only applicable with work referred from a solicitor and so does not apply under direct access. Employed Barristers Those who are employed (usually within the CPS) now have full rights of advocacy after the changes made by the Access to Justice Act 1999.

Complaints against barristers When a solicitor receives a brief from a solicitor there is not forming of contract and so there can be no suing of breeches. They can however, be sued for negligence: Saif Ali v Sydney Mitchell and Co (1980) in respect of written advice and opinions. Hall ( a firm) v Simons (2000) the HoL held they can also be held liable for negligence in regards to rights of advocacy, holding it in the public’s interest to do so. Complaints against solicitors are handled by the Bar Standards Board who have a 90% satisfaction rate. Senates of the Inns of Court: disciplined if they breach their Code of Conduct and can be disbarred. Legal Service Ombudsman: established since 1991 but tends to handle mainly complaints against solicitors.

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Queens Council After a minimum of 10 years of practise, it is possible to apply to become part of the Queen’s Council (QC) and take on more complicated and high-profile cases. Until 2004 they were selected by the Lord Chancellor but around less than 10% were women and even less were ethnic minorities, in turn impacting on the selection of the judiciary. In 2003, the Office of Fair Trading stated that the QC was no longer in the publics interest. But in 2004, combined with the Bar Council and the Law society a new system for appointment was developed.

The current selection is now made by an independent selection panel. A £2500 fee is paid to apply, the candidates then supply references, are then interviewed, and if appropriate, recommended to the Lord Chancellor. Under the first selection in 2006 the applicants have represented society more suitably:

Legal Services Act 2007 ‘The Tesco law’ In 2001, a report by The Office of Fair Trading recommended unfair competition in the legal profession be removed. In 2004, the Clementi Report published a review with recommendations surrounding complaints bodies, services, and disciplinary practises. There were all implemented in the Legal Services Act 2007.

Supporting the Rule of Law Increasing public understanding of rights Protecting consumer rights Encouraging a diverse profession Promoting competition Maintaining adherence to principles Improving access to justice Objectives for the legal services...

Fusion There has been a major debate on the ‘fusing’ of legal personnel into one lawyer. There has since been changes implemented by the Courts and Legal Services Act 1990 and the Access to Justice Act 1999 which has meant that barristers and solicitors can take a case from start to finish. Under the Access to Justice Act barristers now have the right to do litigation, and solicitors have wider rights of advocacy. Barristers and solicitors will also be able to work together in the same legal business once fully effective.

The fusion argument AdvantagesDisadvantages Reduced costs: only one lawyer required rather than a solicitor and a barrister A decrease in specialist advocacy Less duplication of work with one lawyerA loss of the independent Bar and specialists. More continuity with one person handling the entire case. Less objectivity, barristers give a second opinion. Loss of the cab-rank rule.

Women and Ethnic Minorities The legal profession has long been seen as a white, male- dominated profession. Women Women are now forming half of new solicitors and entrants to the Bar. They do however, tend to earn less than men with the pay gap almost £15,000 less than men. Ethnic minorities Ethnic minorities are now being better represented with 15% in practice in 2009, rising to 23% in However, the proportion is less within the QC but is likely to increase as those joining the Bar are newly qualified.

Legal Executives Work in solicitors firms as assistants after qualifying with the Institute of Legal executives’ Professional Qualification in Law. They specialise in a particular field of law, and there are 22,000 in practise. To become a legal executive, they must pass the Professional Higher Diploma in Law, which is set at A-Level standard based on a combination portfolio/exam or solid exam routes.

After passing the PHDL and working in a firm for a minimum of 5 years, the person becomes a Fellow of the Institution and can go on to become a solicitor after passing the Law Society’s Legal Practise Course (LPC). Their job role is similar to the day-to-day workload of a solicitor and they have limited rights of audience which can be expanded to right of advocacy with one of three practising certificates.

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