Barristers (or advocates in Scotland) are an important element of the legal system of the United Kingdom, and of jurisdictions whose systems are based in whole or part on that country, such as Australia, New Zealand, Singapore and even Hong Kong. Since barristers generally only practice law in the higher courts where the consequences for being convicted of a crime are often more severe, it follows that anyone retaining the services of a barrister should be familiar with their career, role and duties.
Before attaining professional status, barristers have a gruelling training process to complete. A degree in law is the usual first step, though now it is possible to attain a degree in any subject and then study a conversion course, giving the same result in terms of qualification for the next stage in the training process, the undertaking of a Bar Vocational Course (or equivalent). This is a one or two year course which further prepares the candidate to make the transition from education to practising law in the workplace, and it leads to either pupillage at a barristers’ chambers – the next step being professional status as an independent barrister – or to working as a barrister in the commercial sector or for the public body that oversees prosecution in the relevant jurisdiction.
Some barristers then have the opportunity to rise within their profession. Senior barristers are given the title of Queen’s Counsel (abbreviated QC), though in some jurisdictions this is being replaced by the title of Senior Counsel. A few of these will then be asked to become judges – methods of election differing across the world - applying their legal expertise and experience to ensure trials are conducted fairly and in accordance with established procedures.
Most barristers, though, will spend their professional lives in court, or preparing for trial. Though in theory they can practise law in all courts, it is usual that they appear in the higher courts (Crown Court and the Court of Appeal in England and Wales, for instance): it would be extremely unusual to see a barrister defending a client against a petty charge in Magistrates’ Court.
Though the most public facet of the work of barristers is when they appear in court, it should be understood that the time they spend preparing for trial is just as important, if not more so. It is before the trial that the real work is done, with the research undertaken by barristers and their teams going a long way to determining success at trial. With meticulous research, facts can be uncovered that undermine or directly contradict the opposition case; in addition legal precedent can be found that will support the case the barrister is building. This is the reason that skilful barristers can command such high fees: it is not their time that is being paid for, but the years of training and experience which allows them to research a case thoroughly then present their case in court in a manner that leaves no doubt as to its veracity.
Given the importance of barristers or advocates, it is essential that those needing to secure their services or those wishing to become
barristers use all the means at their disposal to find out more about them. Sites like www.criminalbarrister.co.uk contain useful information and should be consulted, along with the full range of usual resources.
