Barrister
A specialist advocate in common law court systems.
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A barrister is a type of lawyer found in common law jurisdictions, with origins tracing back to the medieval English legal system and its Inns of Court. Their primary expertise lies in courtroom advocacy and litigation.
Differences between barristers and other lawyers
This includes arguing cases before courts and tribunals, drafting legal pleadings, conducting legal research, and providing formal legal opinions. Barristers are distinct from solicitors and other legal professionals, such as chartered legal executives, who typically have more direct client contact and handle transactional legal work. In some legal systems, including those of South Africa, Scandinavia, Pakistan, India, Bangladesh, and the Isle of Man, the term "barrister" is used as an informal honorific for certain court advocates and magistrates.
In certain jurisdictions, barristers are traditionally prohibited from "conducting" litigation themselves; they can only act upon instructions from another lawyer, who handles client correspondence, court filings, and document drafting. However, in England and Wales, barristers can seek authorisation from the Bar Standards Board to conduct litigation, enabling a dual practice. In other common law jurisdictions, such as New Zealand and parts of Australia, lawyers may practise as both barristers and solicitors, though exclusive barrister qualification remains a separate path. In the United States, the distinction between barristers and attorneys-at-law does not exist.
Barristers often have limited direct client contact, with all correspondence and fee arrangements handled through the instructing legal adviser. In England and Wales, solicitors and chartered legal executives may support barristers in court by managing documents or negotiating settlements.
Barristers typically possess rights of audience in higher courts, which other legal professionals may only gain through additional qualifications. They are known for their knowledge of case law and precedent, and other lawyers may seek their opinion on unusual points of law. Barristers usually operate as sole practitioners, banding together into chambers to share administrative costs, though they may also be employed as in-house legal advisers.
Lore & Background
Barristers are distinguished from solicitors and other legal professionals by their focus on courtroom representation and advocacy. In some jurisdictions, barristers are usually forbidden from conducting litigation and can only act on the instructions of another lawyer, who handles correspondence, court documents, and client contact. Barristers often have little or no direct contact with their clients, with all correspondence and fees addressed to the instructing legal adviser. In many common law countries, barristers operate as sole practitioners and are prohibited from forming partnerships or working as part of a corporation, though they normally band together into barristers' chambers to share clerks and operating expenses.
In court, barristers may be visibly distinguished by their apparel, such as horsehair wigs, stiff collars, bands, and gowns in criminal courts in Ireland, England and Wales. Historically, barristers have had a major role in trial preparation, including drafting pleadings and reviewing evidence. In some areas of law, it is relatively common for a barrister to receive a brief from an instructing solicitor only a day or two before trial, partly due to cost considerations involving the 'brief fee' and 'refresher' fee structure.
Reader's Guide
Barristers hold a significant place in common law legal systems, particularly in jurisdictions where the legal profession is split between barristers and solicitors. Their primary role as courtroom advocates and specialists in case law, precedent, and trial procedure provides a distinct check on the work of solicitors, as barristers can advise clients of possible claims against solicitors if a case has been improperly conducted. The cab-rank rule, which obliges barristers to accept a brief if it is in their area of expertise and they are available, facilitates access to justice for unpopular clients. However, the traditional divisions between barristers and other legal representatives are gradually decreasing.
Solicitor-advocates and qualified chartered legal executives can now generally appear on behalf of clients at trial, and the prohibition on barristers taking instructions directly from the public has been widely abolished, though direct instruction remains rare in practice. The split profession offers benefits such as independent opinions from specialists, judicial independence (as judges are often appointed from the bar), and enabling smaller firms to compete with larger ones. Disadvantages include potential inefficiency and higher costs due to multiple legal advisers, and barristers being less familiar with client needs.
Frequently Asked Questions
What is a barrister?
A barrister is a type of lawyer in common law jurisdictions who focuses primarily on representing parties in courtrooms and tribunals. They form a distinct professional category within the legal system, set apart from other lawyer types.
What do barristers actually do day to day?
Their core work involves arguing cases before judges, preparing legal pleadings, conducting legal research, and providing expert legal opinions. They are essentially the specialists who stand up and advocate in court proceedings.
Where did the barrister profession originate?
The role traces its roots back to the Inns of Court, which were part of the medieval English legal system. This historical institution shaped the separate advocacy tradition that persists in common law countries today.
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Sources
Compiled from Wikipedia and the sources listed below. Text from Wikipedia is available under CC BY-SA 4.0; this entry is adapted from it.
- Wikipedia: Barrister (CC BY-SA 4.0).
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