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 Learning about barristers

Learning about barristers

Introduction

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A barrister standing in front of an audience in a room

These resources are designed to help you learn more about what barristers do and why the role of a barrister is so important. They also explain how you can become a barrister.

Learning about barristers is divided into six sections:

  1. Why do we need barristers?

  2. What does a barrister do?

  3. Life as a barrister.

  4. Who can become a barrister?

  5. Becoming a barrister.

  6. Getting ready.

How to work through this course

If you want to work through all the sections in one go it will take you around an hour in total. Each section contains a variety of writing, video clips, activities, and quotes from barristers and judges.

If you prefer, you can work through any of the individual sections you chose in whichever order you want to.

You can also revisit the sections as many times as you would like to.

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Barrister briefing! The idea of a group of learned men of law having a special status dates back to the 12th century (only men were allowed into the profession until 1919!). King Henry II introduced a new system of law to be used across the whole country (the common law). As judges started to travel around the country hearing cases, a group of men formed who were specialists in law and presented cases. These men would stand at the wooden barrier or ‘bar’ in the courtroom to address the judge, with the public kept back behind it. This is where the word ‘barrister’ comes from and it is why the profession is known as ‘the Bar’. The collective noun for barristers is ’the Bar’. When barristers are asked to represent a client, it is called getting a ‘brief’. A brief is a written document explaining the case, attached to a bundle of papers relating to the issues. The tradition is that a brief will be tied up with ribbon before being sent to a barrister.

1 Why do we need barristers?

This section is designed to help you understand why we have barristers and what role they play in society.

Let’s start with an activity which looks at an important principle called the ‘rule of law’. This sets out how and when the law should be used.

Keeping two windows open on this course

Throughout this online course you activate links that navigate you away from the main learning pathway on to a side path of related content. The video link below is an example of this. It is recommended that you hold down the Crtl button on your keyboard and click on the link to open the side path in a new window.

In this way, you can keep this learning pathway open in one window and view the new side path content in a separate window.

The rule of law

This is a video clip about a young offender called Adam (played by an actor), who interacts with real professionals in the Metropolitan Police to illustrate what happens after a person is arrested. We meet DC Shane O'Neill, the investigating officer, whose role is to interview the young person to try to establish if he is indeed the culprit, and if there is enough evidence to charge him with an offence.

It is recommended that you hold down the Crtl button on your keyboard and click on the link below to open it in a new window.

Watch the video and then answer the following questions.

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Barristers play an important part in upholding the ‘rule of law’, making sure that this principle continues to be followed and is not ignored. They assist individuals, companies and other bodies in upholding their legal rights. This can be by explaining what the law means and how it applies in a particular situation.

It can also involve representing people in court. By undertaking this work, they ensure that other individuals, companies, bodies and even governments are fulfilling their legal obligations.

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The role of barristers in society. Examples of cases in which barristers have played an important role. R (Miller) v Secretary of State for Exiting the European Union (2017). A referendum (public vote) in 2016 led to the UK leaving the European Union (sometimes referred to as ‘Brexit’). Amongst other questions, the Supreme Court (the highest court in the UK) had to decide whether Government ministers had the power to decide to leave the European Union, or whether a law needed to be passed through the UK Parliament. The Supreme Court decided that a law had to be passed through Parliament for the UK’s withdrawal to be legal. Second slide text. Donoghue v Stevenson (1932). In 1928 a lady bought her friend Mrs Donoghue a bottle of soft drink that was not in a clear glass bottle. After drinking it, Mrs Donoghue became very ill and it was discovered that the bottle contained a decomposing snail! She sued the manufacturer of the soft drink and she won her case in the House of Lords (then the highest court in the UK), which decided some very important principles of English law and which have been adopted in many other countries, including that someone can be sued if they fail to take proper care and cause someone else injury or loss of property, and also that manufacturers have a duty of care to end users or consumers of their products. Third slide text. R v Penguin Books Ltd (1960). Also known as The Trial of Lady Chatterley’s Lover, this case in 1960 heard at the Old Bailey in London is one of the most famous British jury trials, with the acquittal producing very significant social and political consequences. The publisher was prosecuted under the new Obscene Publications Act for publishing the whole version of a book by D H Lawrence, Lady Chatterley’s Lover that had previously only been published in a censored version removing parts thought to be sexually explicit and immoral. The jury unanimously acquitted the publisher, and the case has been seen as establishing the freedom of the written word and the beginning of the sexual and social revolution that spread across the Western world in the 1960s.

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Barrister briefing! All barristers must belong to an Inn of Court. There are four Inns of Court in England and Wales – The Inner Temple, Middle Temple, Gray’s Inn and Lincoln’s Inn. These are unincorporated associations that have existed since the 14th century and play an important role in the profession and its disciplinary processes. Each Inn is based in central London, although its members will live and work across England and Wales and further afield. The Inner Temple’s values are as follows: Dedicated: It believes in the pivotal role of The Inner Temple in upholding the rule of law, the legal profession and the wider community. Excellent: It strives to achieve excellence in all aspects of the Inn’s work. Progressive: It aims to develop a vibrant legal community whose members are representative of the people it serves. Friendly and Hospitable: Its members listen and support each other.

2 What does a barrister do?

There are different types of legal professionals in the United Kingdom, but two of the main groups are solicitors and barristers. Barristers have traditionally been the legal professionals who argue the case in court. You may have seen them on TV presenting cases in front of judges or juries.

In England and Wales, you can often recognise barristers as they wear wigs that have traditionally been made of horsehair. However, nowadays barristers do not always wear wigs: instead they wear different outfits depending on the court. However, wigs are usually required in criminal cases and for most civil trials and appeals.

Barristers also undertake a wide variety of additional work for their clients. These clients can range from individuals to partnerships, large companies, and other bodies (for example, trade unions and the government). This work can include:

  • Meeting with clients and providing legal advice.

  • Providing written legal advice or opinions on complex or high value cases.

  • Commenting on documents drafted by solicitors.

  • Negotiating on behalf of clients, for example, to agree the terms of a contract or to resolve a dispute that has arisen.

Some barristers are given pieces of work (known as being ‘instructed’) directly by members of the public. However, most barristers will obtain work (‘instructions’) through solicitors. The next activity explains some of the differences between solicitors and barristers.

Barristers as legal professionals

Read the following statements and decide whether they are true or false

a. 

True


b. 

False


The correct answer is a.

Discussion

Solicitors and barristers are both qualified legal professionals. However, their training is different. Barristers will either have a law degree or have a non-law degree and complete a Graduate Diploma in Law. They must then complete a one year Bar Training Course that is approved by the profession’s regulator, the Bar Standards Board. To practise (work) as a barrister you then need to undertake a formal one-year period of on-the-job-training known as a pupillage.

a. 

True


b. 

False


The correct answer is b.

Discussion

See the Barrister Briefing! in section 1. Solicitors are not members of Inns of Courts, but all barristers must belong to an Inn of Court.

a. 

True


b. 

False


The correct answer is b.

Discussion

Solicitors can represent clients in some courts, but only barristers can represent clients as advocates in all courts. The only exception to this is where a solicitor does extra specialist training to become a ‘solicitor advocate’. The courts which only allow barristers or solicitors advocates are known as the ‘higher’ or ‘superior’ courts, such as the Supreme Court, the highest court in the UK.

a. 

True


b. 

False


The correct answer is a.

Discussion

Traditionally, barristers have been more likely to specialise in one area of law, whereas solicitors have worked across a range of areas. This has changed somewhat as now a number of solicitors specialise in one area and some barristers specialise in more than one area. Both barristers and solicitors work in a wide range of areas of law overall, from family, employment, immigration and asylum, crime and human rights to corporate, commercial, tax and insurance (to name a few!).

You may sometimes also hear barristers or solicitors referred to as lawyers. This is a generic term commonly used to describe members of the legal profession generally, including barristers and solicitors.

Although these resources focus on barristers in England and Wales, it is also worth knowing that there are barristers in a number of other countries too, including Ireland, parts of Australia, India and Hong Kong. In Scotland, advocates perform a similar role to that of a barrister.

Click on each image below to discover the answer to the question.

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What do barristers earn? The majority of barristers are self-employed (work for themselves). That means they don’t have a regular wage. Instead, what they earn will vary depending upon how much work they have been doing and how much they have been able to charge. For most barristers, their wages will increase as they gain more experience and build up their reputation. A minority of barristers are employed, for example, they may work for a Government department, a large company or the Crown Prosecution Service. They will receive a regular wage. What hours do barristers work? Barristers often work long hours, at least in part to ensure they earn enough wages if they are self-employed. Appearances in court will usually be in the day, but barristers may also work during evenings and weekends to prepare for these.

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Barristers briefing! In England and Wales, barristers have to follow the ‘cab-rank rule’. This means that if they are asked to undertake some work they usually have to agree, regardless of who the client is and what they think of them. There are some limited exceptions, for example, where they do not have the right knowledge or experience to undertake the work.

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Image of a cab (or taxi rank) with four London Black Cabs waiting for hire next to a line of bollards

A cab (or taxi) rank

3 Life as a barrister

Although a majority of barristers are self-employed (work for themselves), they will often work in a building, or set of offices, with a group of other barristers. This is called a set of chambers. Each set will have one or more clerks who organises which barrister gets what work and helps collect money from clients for the work that is done.

Some of these chambers are still in the Inns of Court (see the Barrister Briefing in Section 1), but there are now chambers in cities and towns across England and Wales. An employed barrister may work in an office environment or have the option to work from home. Here is an example of a barrister employed by the Crown Prosecution Service.

It is recommended that you hold down the Crtl button on your keyboard and click on the link below to open it in a new window.

Click on the link and then scroll down to the story about Christopher Trotter – District Crown Prosecutor.

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No5 Barristers Chambers, Cardiff
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Image of the front windows and door of No5 Barristers Chambers, Cardiff. Include red brick door columns and wooden window panels.

No5 Barristers Chambers, Cardiff

Would I enjoy working as a barrister?

To give you some idea of what life as a barrister might look like, here are some (fictitious) diary entries from three working barristers.

As you read the diaries below use the green and red highlighter pens to mark up what you think you would enjoy or would not enjoy about working as a barrister.

You can undo any highlighting you would like to change using the 'Back' button. At the end of each diary there is a Save and a Reset button.

The words in brackets are included as definitions of key legal words and phrases.
Laila has been working as a barrister for seven years.
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George is in the first six months of his one-year pupillage (on-the-job training).
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Raj is a barrister who is employed as an in-house lawyer by a large manufacturing company.
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Discussion

You may have highlighted a range of things you would like and not like. Barristers often like speaking in court and arguing their client’s case, but they can also sometimes find it quite nerve-wracking. Having specialist training and watching other barristers at work can help make it less daunting. Barristers often also like negotiating to reach an agreement, although this can take a lot of time and patience.

Thinking about what life as a barrister would be like can help you decide if it is the right career for you. It can also help you identify the skills you will need in order to succeed. Often these are skills you can begin developing now, for example, by joining your school’s debating team, or working as part of a group on a challenge.

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Barrister briefing!One question that barristers who work in criminal law often get asked is ‘how can you defend someone you know is guilty of a crime?’ In fact, if a client tells a barrister they are guilty, the barrister has to advise them to plead guilty. If they refuse, the barrister has to stop representing them and the client has to be represented by a different barrister.

4 Who can become a barrister?

Look at the pictures of some well-known barristers below. How many can you identify?

Click on each picture to reveal who they are.

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Helena Kennedy QC, author, barrister, broadcaster and Member of the House of Lords. Amal Clooney, international law and human rights barrister. Mohandas Gandhi, civil rights campaigner. Seretse Khama – first President of Botswana. Eugenia Charles – first woman lawyer and Prime Minister in Dominica. Rosalyn Higgins – first woman judge and President of the International Criminal Court.

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In the past, as with many professions, the barristers’ profession was largely dominated by white, privately educated males. However, in recent years a lot of effort has been made to encourage more diversity and social mobility. This means that now anyone can become a barrister – with the right qualifications and training.

It is recommended that you hold down the Crtl button on your keyboard and click on the links below to open them in a new window.

It is very important that barristers are made up of a diverse group of women and men from all parts of British society because they also go on to become most of the Queen’s Counsel and judges. The Bar Council has social mobility advocates, who are working to promote greater diversity.

The Inner Temple offers regular Discovery Days and Insight Events for school students interested in becoming a barrister. It also (together with partner chambers) runs the Pegasus Access and Support Scheme (PASS) to help university students from under-represented backgrounds to obtain relevant work experience and other support. More details on all of these events can be found on the Inner Temple’s webpages.

Some of the important characteristics a barrister is likely to need include:

Good oral communication skills

You will need to be able to talk to clients, solicitors, judges and many others. You are also likely to be standing up in court and speaking, so enjoying public speaking is important.

Good written communication skills

It is not just about oral communication, though. You will also need to be able to write clearly and accurately. This could involve putting complicated legal ideas into simple and straightforward language for clients and writing persuasive arguments in cases.

Research skills

From finding out what the law says on an issue, to investigating the best public transport to a court building, research is a big part of a barrister’s life. Much of it is done online, using legal databases and other useful sites. Being able to conduct research appropriately will enable you to find evidence to support the arguments you are making. It will also help you keep up-to-date with developments in the law.

Skills in reading and absorbing information

Barristers often have to read a lot of documents quickly. This could be for use in their arguments in court, to help give advice to a client, or to spot weaknesses in the other side’s case. This means it is important to be able to deal with large amounts of information, identifying the most relevant parts and understanding their value.

Analytical skills

Being able to analyse something means being able to break it into smaller parts and examine each part in detail. For example, with the statement ‘No vehicles on the grass’, you might ask what constitutes a vehicle (A car? A bicycle? A pushchair?). You might also ask whether the term ‘grass’ includes things like the neighbouring flower beds. As a barrister, when examining a client’s case, it is crucial to take this kind of detailed and questioning approach.

Determination and motivation

Becoming a barrister is not always easy. When you get there, you will also find new challenges ahead, including having to make connections to help you get work and sometimes working long hours, often into the evening and at weekends. This means it is essential to have the determination to succeed and the motivation to keep going.

It is recommended that you hold down the Crtl button on your keyboard and click on the links below to open them in a new window.

Watch this video, What are the key skills you need to be a good lawyer?, which highlights just how important some of these skills are.

If you are interested in reading more about the type of skills barristers need, you may find The Bar Standards Board’s Professional Statement for Barristers useful. This sets out the skills that barristers must be able to demonstrate before they can begin to work.

Skills audit

Choose two of the skills discussed above and think about an example of when you have demonstrated each of those skills. For example, for ‘good communication skills’ you might have spoken in a school assembly or written a letter to your local Member of Parliament.

Write a short summary of each example in the free text boxes below.

By signing in and enrolling on this course you can view and complete all activities within the course, track your progress in My OpenLearn Create. and when you have completed a course, you can download and print a free Statement of Participation - which you can use to demonstrate your learning.
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Barrister briefing! The first female barrister was Dr Ivy Williams in May 1922. However, Dr Williams did not practise (undertake work) as a barrister. Therefore, the first practising female barrister was Helena Normanton, who began in November 1922. She was also the first woman to act for the prosecution in a murder trial.

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Helena Normanton and Ivy Williams
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Images of Helena Normanton and Ivy Williams

Helena Normanton and Ivy Williams

5 Becoming a barrister

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Barrister v Barista
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Cartoon image of a barrister serving coffee over a counter to a customer. A speech bubble says, ‘I didn’t read the job description properly.

Barrister v Barista

There are a number of stages involved in becoming a real barrister.

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The stages involved in becoming a real barrister. Each stage has arrows between them. Complete the qualifying law degree (3 years). Or a non-law degree plus the Graduate Diploma in Law (4 years). Join an Inn of Court. Complete a Bar training course that is approved by the Bar Standards Board. Officially called to the Bar. Pupillage (1 year). Working as a barrister.

It is recommended that you hold down the Crtl button on your keyboard and click on the link below to open it in a new window.

If you want more detailed information on any of the steps involved, you can find this on the Bar Standards Board website. It is the body that regulates barristers in England and Wales.

Sorting out the stages

Read the following statements and decide whether they are true or false.

a. 

True


b. 

False


The correct answer is b.

Discussion

A barrister does have to have a degree, but it does not have to be in law. It does need to be a 2.2 classification or above (degree classifications in all subjects range from pass, 3rd, 2.2, 2.1 to 1st).

If the degree is not in law, it is necessary to also study the Graduate Diploma in Law, which usually takes 1-year full time or two years part time.

a. 

True


b. 

False


The correct answer is a.

Discussion

In addition, to be allowed on to this Course, it is necessary to take the Bar Course Aptitude Test (a multiple-choice test to check you have the right skills for the Course).

a. 

True


b. 

False


The correct answer is b.

Discussion

Pupillage is one-year long. It is divided into two parts. In the first six months you are called ‘non-practising’ and you shadow a pupil supervisor. In the second six months you are practising, which means you can start to take on small cases under the supervision of your pupil master.

Sixes

It is recommended that you hold down the Crtl button on your keyboard and click on the link below to open it in a new window.

For more information on Pupillage, watch this video from The Lawyer Portal, which describes how the final year is split into 'sixes'.

You may hear people referring to ‘mini-pupillages’. This is a form of work experience which aspiring barristers undertake during their degree or Bar training course, which usually lasts from one day to two weeks.

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Barrister briefing! Traditionally, student barristers had to dine at their chosen Inn of Court twelve times before they could become a working barrister. This gave them an opportunity to meet and talk with more experienced barristers. Today, student barristers still have to undertake a number of qualifying sessions as a student member of an Inn, but these are likely to be a mixture of training courses, lectures and other events.

6 Getting ready

Working through the formal stages to becoming a barrister may seem a while off. However, there are things you can start to do right now to prepare.

Best grades

Work hard to get the best academic grades you can.

Develop your skills

Join a club or society that will help you develop relevant skills. For example, your school or college may have a debating society. If so, it’s a great way to get practice in public speaking.

Go to a court

Visit your local court. If you are 14 or over you can sit in the public gallery and listen to cases. Not only is this really interesting, it also gives you the opportunity to observe barristers at work.

Current affairs

Take an interest in current affairs. Read broadsheet newspapers or read news stories online (from reliable sources) to keep up-to-date with the world.

Legal press

It is recommended that you hold down the Crtl button on your keyboard and click on the links below to open them in a new window.

Keep an eye on the legal press. Most of the biggest legal websites, including Legal Cheek, have resources aimed at students. In addition, there are sites dedicated to legal careers, including lawcareers.net.

Hobbies

Keep up with your hobbies. Universities and Chambers will want to see that you are a well-rounded individual. Having hobbies and interests demonstrates this.

Volunteering

Check for volunteer opportunities locally. These will often help you develop really useful skills for your future career.

It is recommended that you hold down the Crtl button on your keyboard and click on the links below to open them in a new window.

These two websites showcase volunteering opportunities: V-Inspired and Volunteering Matters for Young People.

Presentation and public speaking skills

Take every opportunity to practise your presentation and public speaking skills.

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Barrister briefing! Sometimes people think that to do a law degree they need to have studied law at GCSE or A level. That is not the case! Although law is a really interesting subject in its own right, universities do not assume that new students have any legal knowledge. You will need to study A levels, but you should think about doing subjects which develop relevant skills (e.g. English for communication skills). If you have a particular university in mind, it is worth contacting their admissions team to ask if there are any particular A level subjects they prefer.

Conclusion

We hope you have enjoyed working through this course.

You are now able to explain the role of barristers and their importance within society and discuss some of the different types of work undertaken by barristers. You have also reflected on the skills and characteristics required to become a barrister and have identified the steps necessary to become a barrister and ways to prepare for these.

It is recommended that you hold down the Crtl button on your keyboard and click on the link below to open it in a new window.

Don’t forget your school or college will have careers advisors you can speak to for more information and there is lots of interesting information on the Inner Temple website.

Acknowledgements

Grateful acknowledgement is made to the following sources:

Every effort has been made to contact copyright holders. If any have been inadvertently overlooked the publishers will be pleased to make the necessary arrangements at the first opportunity.

Important: *** against any of the acknowledgements below means that the wording has been dictated by the rights holder/publisher, and cannot be changed.

302736: Collection image: The Honourable Society of the Inner Temple

302729: Banner image: Amnaj Khetsamtip/Shutterstock

328284: Introduction (Barrister speaking): The Honourable Society of the Inner Temple

301673: Section 2 (Stack of coins): ShutterOK / Shutterstock

301671: Section 2 (Hourglass timer): Min C. Chiu / Shutterstock

301669: Section 2 (Taxi rank): track5 / Getty Images

301675: Section 3 (No5 Barristers Chambers): Spudgun67, 'Greenwood House 4-7 Salisbury Court London EC4Y 8AA', https://commons.wikimedia.org/wiki/File:Greenwood_House_4-7_Salisbury_Court_London_EC4Y_8AA.jpg This file is licensed under a Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) license, https://creativecommons.org/licenses/by-sa/4.0/deed.en

306612: Section 3 (Laila): Wavebreak Media Ltd / 123RF

328339: Section 3 (George): michaeljung / iStock / Getty Images Plus

309046: Section 3 (Raj): MangoStar_Studio / iStock / Getty Images Plus

306600: Section 4 (Tony Blair): This work is based on a work in the public domain. It has been digitally enhanced and/or modified. This derivative work has been (or is hereby) released into the public domain by its author, AlbanGeller. The original file is a work of an employee of the Executive Office of the President of the United States, taken or made as part of that person's official duties. As a work of the U.S. federal government, it is in the public domain.

328347: Section 4 (Brenda Hale): CTK / Alamy Stock Photo

306590: Section 4 (Mary McAleese): Ian Walton / Staff / Getty Images

328344: Section 4 (Helena Kennedy): Colin McPherson / Contributor / Getty Images

328345: Section 4 (Amal Clooney): Kathy Hutchins/Shutterstock

306467: Section 4 (Mohandas Gandhi): ewastudio / 123RF

301677: Section 4 (Helena Normanton): Helena Florence Normanton by Elliott & Fry bromide print, 1949 NPG x90835 © National Portrait Gallery, London This file is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported (CC BY-NC-ND 3.0) licence, https://creativecommons.org/licenses/by-nc-nd/3.0/

328355: Section 4 (Ivy Williams): Bettmann / Contributor / Getty Images

305780: Section 5 (Barrister v Barista cartoon): Jess Jane Again, www.jessjaneagain.com

312724: Section 6 (Grades): kchung/123RF

312712: Section 6 (Developing skills): Dmytro/123RF

329580: Section 6 (Go to court): The Honourable Society of the Inner Temple

312721: Section 6 (Current affairs): Brian Jackson /123RF

312715: Section 6 (Legal press): Zerbor/ iStock / Getty Images Plus

312726: Section 6 (Hobbies): daisydaisy/123RF

312728: Section 6 (Volunteering): Wavebreak Media Ltd /123RF

312727: Section 6 (Presentation): Cathy Yeulet/123RF

 Learning about barristers
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