Barristers👩‍⚖️

What are the role of barristers ?

• There are around 13,000 barristers in England and Wales and only 3000 are employed.

• The majority of barristers are self-employed and work within a chamber to share administrative expenses and clerks with other barristers.

• The main employer of barristers is the CPS.

• The majority of barristers’ work surround advocacy in court.

• Barristers gain full rights of audience after completing pupillage.

• Outside the courtroom they can be found negotiating, writing opinions of cases and drafting documents for court.

• Normally barristers operate under the ‘cab rank’ rule.

• This means if the barrister is available and has suitable expertise they must take the next available case, they cannot pick and choose their cases.

• However, this rule does not apply if the client has sought the barrister directly.

• Normally barristers are instructed by solicitors and given their cases. However, since 2004 direct access to barristers is allowed in some civil cases.

What are the regulation of barristers ?

• The Bar Council is the professional body for barristers.

• It represents the profession and makes decisions regarding the education and training requirements of barristers.

How is poor service dealt with ?

• The client should contact the solicitor who referred them to the barrister if they wish to make a complaint about the service.

• If the complaint is not dealt with to the client’s satisfaction, he/she could ask the Legal Ombudsman to investigate the complaints.

• If the Ombudsman agrees that the service received was inadequate, he can ask the barrister to apologise, return documents, do more work, refund or reduce legal fees or pay compensation of up to £50,000.

How is professional misconduct dealt with ?

• The Legal Services Act 2007 created the Legal Services Board to oversee the work done by the Bar Standards Board.

• The Bar Standards Board is responsible for regulating and handling complaints against barristers.

• Individuals can ask the BSB to investigate claims of inadequate professional service or professional misconduct.

• The BSB will appoint a complaints commissioner who will investigate the claim.

• The initial stage is to write to the chambers and then investigate the claim.

• If the clam is regarding inadequate personal service, then an adjudication panel will hear the claim.

• If they make a finding against the barrister, they can order the barrister to apologise, repay fees or pay compensation.

• The Council of the Inns of Court may hold a Disciplinary Tribunal if they consider professional misconduct has occurred.

• The barrister could be suspended or even disbarred.

How do you sue a barrister ?

• Barristers do not enter into contract with their client where they receive instructions from the solicitor and therefore cannot sue the client for breach of contract.

• But they can be sued for negligence following the decision of Hall v Simons (2000).