A Barrister's work in the UK

 Steven Ball,
barrister,
8 Colleton Crescent,
Exeter


For hundreds of years the legal profession in England and Wales has been divided into two branches: barristers and solicitors. As a general rule, solicitors handle the day-to-day running of a case and deal directly with clients, whereas barristers are engaged to carry out particular tasks at certain stages. Presenting a case in court is traditionally seen as the barrister's main and most important function and in many cases this is still true, although solicitors with appropriate training are now allowed to appear in the higher courts (known as exercising "rights of audience").

The vast majority of a barrister's work is connected with litigation (ie. it involves a dispute which may be resolved by a court), but it is wrong to assume that barristers are only called in ("briefed") towards the end of a case to prepare for a trial and to represent the client in court. Very often a barrister will be consulted at different stages throughout the life of a case to provide advice on the law and other aspects of the way the case might develop and to draft documents.

Barristers work in many different fields of law and will specialise to some extent. The main areas of work can be divided broadly as follows:

Criminal cases (prosecuting or defending a person charged with an offence)

General civil litigation (these cases are usually about money claimed by one person ("the Claimant") from another ("the Defendant") either because it is owed, or as compensation for some loss or injury)

Family and matrimonial (these cases frequently involve the division of property between spouses and the court's consideration of the welfare of children)

More specialised areas (there are quite a number of more narrowly specialised areas of practice such as tax, planning, insolvency and intellectual property)

Overall a barrister in independent practice is exactly that; independent, and may be called upon to act for or against any party in a case. As such the barrister works as a self-employed individual retained by the solicitor; barristers are not normally permitted to take instructions directly from members of the general public.

A barrister is governed by a strict code of professional conduct, and will not allow any personal feelings or opinions to interfere with his or her professional duty to a client.

More information about the work of barristers is available from the General Council of the Bar