Barrister
A barrister is a type of lawyer in many common law jurisdictions, typically specializing in courtroom advocacy, drafting legal pleadings, and providing expert legal opinions. They are distinguished from other types of lawyers, such as solicitors, by their role in representing clients primarily in court.
Role and Responsibilities
Barristers typically:
- Represent clients in court: This is their primary function, involving arguing cases before judges and juries.
- Draft legal pleadings and documents: They prepare complex legal documents for use in court proceedings.
- Provide expert legal opinions: They advise clients on complex legal issues, often specializing in particular areas of law.
- Cross-examine witnesses: Barristers are skilled at questioning witnesses to test the veracity of their testimony.
- Present evidence: They present evidence in a clear and persuasive manner to support their client's case.
Training and Qualification
The path to becoming a barrister varies depending on the jurisdiction, but generally involves:
- Undergraduate Degree: Often, though not always, in law.
- Bar Vocational Course: A specialized training course focused on advocacy skills, legal ethics, and procedure. This goes by different names depending on the country (e.g., Bar Professional Training Course (BPTC) in England and Wales).
- Call to the Bar: Successful completion of the vocational course and meeting other requirements, such as character assessments, leads to being "called to the Bar" by a governing body (e.g., an Inn of Court in England and Wales).
- Pupillage: A period of practical training under the supervision of an experienced barrister. This is a crucial stage in which new barristers learn the practical aspects of the profession.
- Tenancy: After successful completion of pupillage, barristers typically seek "tenancy" in a set of chambers, a group of barristers who share administrative resources.
Distinction from Solicitors
Barristers are distinct from solicitors in many jurisdictions. Solicitors generally handle the day-to-day legal work for clients, such as drafting contracts, providing legal advice, and preparing cases for court. Barristers are typically instructed by solicitors to represent clients in court or to provide specialized legal advice. In some jurisdictions, there is a "direct access" scheme, allowing certain clients to instruct barristers directly without going through a solicitor.
Regulation and Ethics
Barristers are typically regulated by professional bodies (e.g., the Bar Standards Board in England and Wales) that set standards of conduct and ethics. These bodies also handle complaints against barristers. Adherence to a strict code of conduct is essential for maintaining the integrity of the profession.