Barrister

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.

Did You Know?

• 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 court advocates and magistrates.
• In England and Wales, barristers may seek authorisation from the Bar Standards Board to conduct litigation, allowing them to practise in a dual capacity.
• Barristers are regulated by the Bar for their jurisdiction and, in some countries, by the Inn of Court to which they belong.
• In some common law jurisdictions, such as New Zealand and some Australian states and territories, lawyers are entitled to practise both as barristers and solicitors.