Barristers In Law Firms: Exploring Their Role And Work

Barristers are specialist advocates who advise and represent clients in court, and they are mostly self-employed. They are engaged by solicitors to advise and represent a party in a particular matter. Barristers are also able to accept legal work directly from a person who is not a lawyer, which is known as 'direct access'. While barristers are not typically employed by law firms, some firms do employ barristers, particularly in international arbitration. Barristers are also able to work for the government full-time, including as Crown prosecutors and public defenders.

Barristers are self-employed and work independently

In Victoria, Australia, barristers are self-employed and work independently. They are specialist advocates who advise and represent litigants in courts, tribunals, mediations, and arbitrations. They are usually "instructed" or engaged by a solicitor to advise and represent a party in a particular matter. Because they are independent and not employed by the firm of solicitors that engage them, they are more easily able to provide independent advice to a client.

Barristers are a type of sole practitioner. They specialise in one or more areas of law and work independently as advocates and advisors in those areas. Most barristers are members of the Victorian Bar, which is the professional association for barristers.

Barristers receive most of their work (known as 'briefs') from a solicitor, who might be part of a law firm or working in-house for a company or government department. In some circumstances, barristers can also accept legal work from a person who is not a lawyer, known as 'direct access'. Barristers are commonly self-employed but work alongside other barristers in "chambers" (the term used for their offices).

Barristers are known for their strong rights of audience in higher UK courts compared to solicitors, who cannot advocate for clients in court to the same level. They are like the "specialist surgeon to the regular surgeons", and are always in demand but should be on call instead of tied down to a single firm.

Barristers are specialists in advocacy and court procedure

Barristers are knowledgeable due to their varied practice in several areas of law. They are usually self-employed and work independently, alongside other barristers in "chambers" (the term for their offices). They are similar to specialist surgeons, called upon by solicitors to handle cases that go to court. Barristers are in demand but should be on call rather than tied down to a single firm.

In court, barristers advise and represent litigants in tribunals, mediations, and arbitrations. They have a duty to act with independence and in the interests of the administration of justice, as well as to act honestly, fairly, and bravely for their clients, regardless of personal beliefs. Senior barristers, recognised as skilled advocates and advisers, are appointed as Kings Counsel (KC) or Senior Counsel (SC), also known as "silks".

Barristers receive most of their work ("briefs") from solicitors, who may be part of a law firm or working in-house for a company or government department. In some cases, barristers can accept legal work directly from a person who is not a lawyer, known as "direct access". They are skilled in cross-examining, providing a thrilling experience when the judge is sympathetic and preparation pays off.

Barristers are engaged by solicitors

Barristers are typically self-employed and are engaged by solicitors to represent a case in court. They are specialists in courtroom advocacy and litigation and are instructed by solicitors to advise and represent a party in a particular matter. Solicitors are generally either employed by law firms or operate as sole practitioners, and they might specialise in advising and representing clients in a particular area of law.

When a case goes to court, a solicitor will refer the work to a barrister or specialist advocate for expert advice or to instruct them to appear in court to represent the client. Barristers are distinguished from solicitors and other types of lawyers by their apparel. They are also distinguished by their specialisation in courtroom advocacy and litigation, whereas solicitors have more direct access to clients and may do transactional legal work.

In some cases, barristers are engaged by solicitors to act as a check on the solicitor conducting the trial. If it becomes apparent that the claim or defence has not been properly conducted by the solicitor prior to the trial, the barrister can advise the client of a separate possible claim against the solicitor. This is because barristers are independent and do not have long-term client relationships. They are further removed from clients than solicitors, so they can provide a fresh and independent opinion from an expert in the field.

Barristers can be appointed as Kings Counsel (KC) or Senior Counsel (SC)

In recognition of their experience and seniority, a very senior barrister may be appointed as King's Counsel (KC) or Senior Counsel (SC). This appointment is a mark of outstanding ability and is given to barristers of seniority and eminence. The designation of senior counsel provides a public identification of barristers whose standing and achievements justify an expectation that they can provide outstanding services as advocates and advisers, to the good of the administration of justice.

The position of King's Counsel originated in England and Wales, and some Commonwealth countries have retained the designation. In the 19th century in England, the position was primarily one of rank within the profession, giving the holder certain rights and privileges in the courts. They were ranked as senior counsel and took precedence in argument after the Attorney General and the Solicitor General of England. Barristers who were not King's (or Queen's) Counsel were termed junior barristers and followed senior barristers in argument.

The appointment of King's Counsel is made on the recommendation of the Lord Justice General to the First Minister of Scotland, formerly the Secretary of State for Scotland. In the 1990s, rules were changed to allow solicitors with rights of audience in the Court of Session or High Court of Justiciary to apply for appointment, and a few have done so. An award of King's Counsel honoris causa (honorary KC) may be made to lawyers who have made a major contribution to the law of England and Wales but who operate outside court practice.

In some countries, the position has been abolished or renamed to remove monarchical connotations. For example, during the reign of Queen Elizabeth II, King's Counsel was known as Queen's Counsel (QC) or Queen's Counsel (QCs). Upon her passing and the accession of King Charles III, Queen's Counsel automatically became King's Counsel. The only difference between a KC and an SC is the name. Up to and including 1992, senior counsel in New South Wales were known as Queen's Counsel. From 1993 onwards, they were known as Senior Counsel. Some states and territories still use the title King's Counsel.

Barristers can work for the government full-time

Barristers are a type of lawyer who typically work independently and are self-employed. They are specialists in advocacy and work alongside other barristers in "chambers" (shared office spaces). They are often engaged by solicitors to advise and represent a party in a particular matter.

However, barristers can also work for the government full-time. The Government Legal Department (GLD) is the largest provider of legal services across the UK government, with more than 1,400 in-house lawyers, a third of whom are barristers. These barristers work with numerous government departments and agencies, playing a critical role in most aspects of public life. They help develop, design, and implement government policies and laws, as well as advise on a wide range of issues.

Working for the GLD offers barristers a diverse range of work, allowing them to move between different areas of law throughout their careers. This is in contrast to working in private practice, where barristers may become increasingly specialised in a narrow area of law. The GLD also offers a positive approach to part-time and flexible working, supporting a healthy work-life balance.

Barristers in the GLD have a unique role in the development of policy and law, working closely with government to make difficult and controversial decisions. They are involved in a wide range of matters, from roads and rivers to health and human rights. Some of the most high-profile cases involving GLD barristers include the Leveson and Chilcott Inquiries, litigation relating to drone strikes, new contracts for junior doctors, and the UK's exit from the EU.

In addition to the GLD, barristers can also work full-time for other government departments and agencies, such as the Crown Prosecution Service or other legal departments within the Civil Service. These roles provide barristers with the opportunity to use their legal expertise in a different context, contributing to the development and implementation of policies that impact the public.

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