Barristers
WHAT DO BARRISTERS DO?
Barristers generally represent you in court. They will speak on your behalf to the judge/magistrate and to your ex-partner’s or the other side’s barrister in the court room. Other things a barrister can do are –
- Give legal advice to people, including solicitors.
- Research historical cases, especially if these cases have set a precedent.
- Prepare cases for court.
- Write legal documents.
- Review evidence.
- Gather evidence.
- Cross examine witnesses.
Since 2010, you can ask a barrister to represent you and give you advice without going through a solicitor. This is called direct access.
WHAT ARE THEIR QUALIFICATIONS?
- FIRST STEP – Barristers must have passed a 3-4 years bachelors degree at 2.1 level.
- SECOND STEP – If they have graduated with a bachelors law degree (LLB qualification), they must attend a specialist bar/law school and do a 1 year full-time or a 2 year part-time bar professional training course (BPTC qualification). This is a postgraduate qualification. If they have not graduated with a bachelors law degree but instead another subject, they must do a 1 year conversion course called a graduate diploma in law first (GDL qualification). After this, they can attend bar/law school and get a BPTC qualification.
- THIRD STEP – They must get some experience. They must do a 1 year pupillage at a barrister’s chambers. They will do 6 months of a non-practicing advocacy training course and 6 months of a practice management course. This is similar to an apprenticeship.
- FOURTH STEP – They must get a licence to practice, join a governing body, and be insured.
WHERE AND HOW DO YOU FIND A BARRISTER?
- The solicitor who is working on your case can recommend a suitable barrister or choose one for you.
- The direct access method – here, you can find a barrister yourself without a solicitor. This is also called public access. Many chambers and internet sites offer this service. The bar council direct access portal offers this service.
LINK TO BAR COUNCIL DIRECT ACCESS PORTAL
WHAT IS A BARRISTER’S CHAMBERS?
The word ‘chambers’ refers to the barristers office.
CAN YOU SEARCH A BARRISTER’S RECORD?
Yes you can. You can check the barrister’s register to find out whether your barrister is allowed to practice, if they have been disciplined, if they are on an interim suspension, or if they have been disqualified.
LINK TO CHECK BARRISTERS REGISTER
IF YOU INTEND TO HIRE A BARRISTER – WHAT DO YOU ASK AND LOOK OUT FOR AT YOUR FIRST MEETING?
- What is their experience in the field you are hiring them for?
- What do they charge? Is it a fixed fee or do they charge per hour?
- If they charge a fixed fee, what is included and what work is charged at an extra cost?
- Do you pay for their travel to the court?
- Do they charge for a consultation?
- What paperwork will they need you to send to them?
- What paperwork will they require you to prepare for a court hearing or will they prepare it themselves? Will they write your witness and position statement for the day of the hearing or will you?
LINK TO OUR L.I.P HELP GUIDE FOR ‘YOUR POSITION STATEMENT EXPLAINED’
LINK TO OUR L.I.P HELP GUIDE FOR ‘YOUR WITNESS STATEMENT EXPLAINED’
- Ask if the barrister has previously been to the actual court where your hearing is to be heard and if they know the name of the judge/magistrate dealing with your case. Also ask whether they have dealt with this judge before or what is the barrister’s history with this judge/magistrate?
IMPORTANT POINTS TO REMEMBER WHEN DEALING WITH A BARRISTER DIRECTLY
- Be prepared and organised.
- Be comfortable talking to your barrister.
- Always be open and honest.
- Know what you want your barrister to do.
- Be clear what your barrister expects you to do.
WHO IS YOUR BARRISTERS GOVERNING BODY?
The bar standards board (BSB).
LINK TO THE BAR STANDARDS BOARD
WHAT CODE OF CONDUCT GOVERNS A BARRISTER?
Barristers have to work and behave within the guidelines of the BSB Handbook – part 2 – code of conduct.
THE PROCEDURE FOR COMPLAINING ABOUT A BARRISTER
WHAT CAN YOU COMPLAIN ABOUT?
You can complain about the behaviour of a barrister towards you, whether they have lied to you, deceived you, or misled the court. You can complain about poor service and the fees they have charged you.
WHO DO YOU COMPLAIN TO?
If the barrister is representing you – You should first complain to their chambers – their office – if they have one. If you are not satisfied with the outcome, you can complain to the legal ombudsman. You can complain to the legal ombudsman if what you are complaining about happened within the last six years, and within three years from when you found out about it. You must contact the legal ombudsman within six months of the reply from the barrister or their chambers. Once your complaint is with the legal ombudsman any part of your complaint that is to do with the professional conduct of the barrister the legal ombudsman will refer these parts to the Bar Standards Board to investigate. If this happens the Bar Standards Board will inform you.
If the barrister is not representing you but representing the other party – You should first complain to their chambers/office if they have one. If you are not satisfied with the outcome, you can complain to the Bar Standards Board. You must contact the Bar Standards Board within 12 months of the issue. If your complaint is after this time period, you must have an important reason why you have complained after the 12 months for the Bar Standards Board to take the case on.
Please note that at each stage of your complaint the letter you receive back from an organisation should inform you of the next step and where to complain to next if you are not happy with the response.
IS THERE A TIME LIMIT TO COMPLAIN?
You can complain to the legal ombudsman if what you are complaining about happened within the last six years, and within three years from when you found out about it.