Barristers

Anyone wishing to become a barrister must join one of the four Inns of Court: Gray’s Inn, Lincoln’s Inn, Inner Temple, or Middle Temple. These four Inns of Court are unincorporated bodies of medieval origin, owned and controlled by their senior members called the Masters of the Bench.

The Senate of the Inns of Court and the Bar, formed in 1974, can be regarded as the governing body of the Bar today, since the Inns follow the general policy laid down by the Senate and the judges have agreed that disciplinary powers shall be exercised in accordance with the Senate’s regulations.

Intending barristers must make a certain number of attendances (known as “keeping term”) at their Inn, and to qualify for Call to the Bar they must pass the examinations conducted by the Council of Legal Education. After passing the examinations a barrister intending to practise must undertake one year’s pupilage in chambers. After six months barristers have the right of audience in any court of law in England and Wales. As noted above, they may take instructions only from a solicitor, not from a lay client direct. Unlike the solicitor, they may not sue for their fees and are not liable in negligence in the conduct of a case.

Duties of a Barrister. A barrister intending to practise must choose in which part of the law he or she intends to specialize. A barrister is essentially an advocate whose task is to present his or her client’s case effectively in court. Counsel’s duty to put their client’s case does not extend to advancing the client’s unsubstantiated belief that the judge is biased and corrupt. In this case the barrister must either refuse to comply with the client’s instructions or withdraw from the case - Thatcher v. Douglas (1996). Their work includes the drafting of opinions on difficult points of law, the settling of pleadings and advice on evidence and procedural matters.

The difference between the two branches of the profession may be summarized as follows:

Barristers are advocates; solicitors are not necessarily so.

Barristers have the right of audience in all courts; solicitors have only a limited right.

Barristers specialize in certain branches of the law; solicitors tend to be general practitioners.

Barristers deal with legal matters; solicitors may be consulted about many non-legal matters, e.g. family, business or financial matters.

Barristers are instructed by solicitors, who are instructed by the lay client.

Barristers cannot sue for their fees; solicitors can.

Barristers may not be liable for negligence in the conduct of a case; solicitors may.

Solicitors are controlled under the Solicitors Acts, 1839-1974; barristers are controlled by their Inns of Court and the recently established Senate, non-statutory bodies.

Queen’s Counsel

When a barrister has acquired a substantial practice, application may be Counsel made to the Lord Chancellor to “take silk”, i.e. become a Queen’s Counsel.

If the applicant’s request is granted, letters patent are issued and he or she will then be called “within the bar” thus relinquishing their former status of “outer” or “utter” barrister. Henceforth they wear a silk gown.

By this new status the successful applicant will expect to attract more important cases and to command higher fees. He or she will no longer draft pleadings, conveyances, or similar documents. Thenceforward they will have the assistance of junior counsel who will be briefed with them. A Queen’s Counsel is distinguished by the letters Q.C. after their name, and is referred to as a “Leader”.

Task 1. Give the English equivalents of the following words & expressions.

Судові Іни, складати заповіт, доручати молодому юрисконсульту ведення справи в суді, передбачувати, мати дозвіл співробітничати з іноземними фірмами, звертатися до баристера, представляти клієнта в суді, складати документи, бути відповідальним за недбале ведення справи, мати право виступати в суді, наклеп, передача власності, відмовитися від справи, виконувати інструкції клієнта, впливати на суддю, відмовлятися від колишнього статусу, складати змагальні папери, бути примушеним.

Дата добавления: 2014-12-17