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.
1 Why do we need barristers?