A barrister is a type of legal professional in common law jurisdictions, primarily found in the United Kingdom and some Commonwealth countries. Barristers specialise in advocacy and represent clients in court, providing expert legal advice, drafting legal documents, and presenting cases before judges and juries. They typically specialise in specific areas of law and often work in collaboration with solicitors, who handle the initial client consultation and preparation of cases. Barristers undergo specialised training and are regulated by professional bodies, such as the Bar Council, ensuring high standards of competence and ethics in the legal profession.
a British or Canadian lawyer who speaks in the higher courts of law on behalf of either the defence or prosecution
A barrister is a legal professional who specializes in providing expert advice and representation in court. They are typically instructed by solicitors or directly by clients to handle cases in various areas of law, such as criminal, civil, or family law. Barristers are highly trained and have extensive knowledge of legal principles and procedures. They are responsible for presenting arguments, cross-examining witnesses, and providing legal opinions to their clients. Barristers are regulated by professional bodies and must adhere to strict ethical standards.
legal, chiefly U.K., Irish, Australian, New Zealand A lawyer with the right to speak and argue as an advocate in higher lawcourts. A barrister is a lawyer found in many common law jurisdictions which employ a split profession (as opposed to a fused profession) in relation to legal representation. In split professions, the other type of lawyer is the solicitor. Solicitors have more direct contact with the clients, whereas barristers often only become involved in a case in order to provide any advocacy needed by the client. Barristers are also engaged by solicitors to provide specialist advice on points of law. Barristers are rarely, if ever, instructed by clients directly (although this occurs frequently in tax matters). Instead, the client’s solicitors will instruct a barrister on behalf of the client when appropriate. The historical difference between the two professions — and the only essential difference in England and Wales today — is that a solicitor is an attorney, which means they stand in the place of their client for legal purposes, and may conduct litigation by making applications to the court, writing letters in litigation to the client’s opponent and so on. A barrister is not an attorney and is forbidden, both by law and by professional rules, from conducting litigation. This difference in function explains many of the practical differences between the two professions. On the other hand, many countries such as the United States do not observe a distinction between barristers and solicitors. Attorneys are permitted to conduct all aspects of litigation and appear before those courts where they have been admitted to the bar. n. in the United States a fancy name for a lawyer or attorney. In Great Britain, there is a two-tier bar made up of solicitors, who perform all legal tasks except appearance in court, and barristers, who try cases. Some solicitors will “take the silk” (quaint expression) and become barristers.
A barrister is a legal professional with special responsibility for representing clients in court, as opposed to providing general legal advice and services. A barrister may also be engaged by a solicitor to provide expert advice on narrow points of law. Whereas a solicitor is directly consulted by a client on some legal matter, a barrister generally only becomes involved in a case once advocacy before a court is required. At that point, the solicitor will instruct the barrister on behalf of the client regarding the legal issue. The barrister himself is rarely instructed by a client directly, although this can happen in tax cases.
In England and Wales, barristers are bound by a number of important traditions and conventions. Foremost among these is that to be a barrister, one must be ‘called to the Bar’ by one of the four Inns of Court. Barristers are regulated by the Bar Standards Board, a division of the General Council of the Bar. (A Bar collectively describes all members of the barristerial profession within a given jurisdiction.) Unlike solicitors, barristers operate as sole practitioners and are prohibited from forming partnerships. However, barristers normally band together into ‘chambers’ to share clerks (or administrators) and operating expenses. Some chambers are quite large and sophisticated, with an appearance easily mistaken for corporate-style law firms. A small percentage of barristers are employed by such firms, as well as by banks and corporations, in the capacity of in-house legal advisers.
A barrister is eligible to be appointed a circuit judge after 7 years’ service, a stipendiary magistrate after 7 years’ service, a recorder after 10 years’ service, and a High Court judge after 10 years’ service.
A barrister is a legal professional who specializes in courtroom advocacy and providing expert legal advice. They are typically involved in representing clients in higher courts and tribunals.
While both barristers and solicitors are legal professionals, they have different roles. Barristers mainly focus on advocacy and representing clients in court, while solicitors handle the majority of legal work outside of the courtroom, such as providing legal advice, drafting legal documents, and negotiating settlements.
You can find a barrister by contacting a barristers’ chambers or through a referral from a solicitor. Additionally, many bar associations and legal directories provide online directories where you can search for barristers based on their expertise and location.
The cost of hiring a barrister can vary depending on various factors, such as the complexity of the case, the seniority and experience of the barrister, and the location. Barristers usually charge fees based on an hourly rate or a fixed fee for specific services. It is advisable to discuss the fees and payment arrangements with the barrister before engaging their services.
Yes, you can directly approach a barrister without involving a solicitor. However, it is important to note that barristers are typically instructed by solicitors who act as intermediaries between the client and the barrister. In certain cases, such as direct access cases, you may be able to directly instruct a barrister without a solicitor’s involvement.
To become a barrister, one must complete a law degree, followed by the Bar Professional Training Course (BPTC) in England and Wales or the Bar Vocational Course (BVC) in other jurisdictions. After completing these courses, aspiring barristers must undergo a period of pupillage, which involves practical training under the supervision of an experienced barrister.
Yes, barristers are qualified to provide expert legal advice on various matters. They can analyse legal issues, provide guidance on the strength of a case, and offer strategic advice on the best course of action. However, it is important to note that barristers primarily focus on advocacy and may not handle all aspects of a case, such as administrative tasks or document drafting.
Barristers are typically authorised to represent clients in higher courts, such as the Crown Court, High Court, and Court of Appeal. However, their rights of audience may vary depending on the jurisdiction and the specific court. In some cases, barristers may also represent clients in specialized tribunals or arbitration proceedings.
Barristers have a professional duty to act in the best interests of their clients and maintain their clients’ confidentiality. However, there are certain circumstances where a barrister may be required to withdraw from a case, such as a conflict of interest or if they become aware of information that may compromise their ability to represent their client effectively.
Yes, if you have concerns about a barrister’s conduct, you can make a complaint to the relevant regulatory body, such as the Bar Standards Board in England and Wales. They have procedures in place to investigate complaints and take appropriate action if necessary.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 6th April 2024.
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