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Questions tagged [barristers]

In split legal representation jurisdictions, barristers are members of the bar who specialise in courtroom advocacy.

In split legal representation jurisdictions, barristers advocate for their clients in courtrooms and litigation matters.

They often cannot be hired directly by a client, instead being retained by a solicitor on a client's behalf.

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When speaking to a judge in court, what do barristers mean by "May I take instructions?"

I know what instructions to a barrister are, BEFORE court. When it is appropriate to use a barrister, the barrister is sent ‘Instructions' (when asked to give an opinion on a case) or a 'Brief' (if the barrister is to appear in court). Good…
user42021
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How does Australia split its legal profession?

I just got an interesting edit suggestion to my recent question by someone who just registered (perhaps for the purpose of this edit suggestion). It proposes that "lawyer" is replaced with "junior barrister" because: australia splits its legal…
Greendrake
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Is it common/normal for barristers of the same chambers to represent opposing sides in a case?

The case of Rakusen v Jepson was recently heard in the UKSC. Appellant Rakusen was represented by Tom Morris of Landmark Chambers, the respondents meanwhile by Edward Fitzpatrick of Garden Court. However, the intervenor on the side of the…
TylerDurden
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"Most junior counsel present"

In W.S. Gilbert's The Maiden Brief -- a work of fiction set in England in the mid-nineteenth century -- when prosecuting counsel does not attend due to another case, the judge calls for "the most junior counsel present" to represent the crown in a…
Dan
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Why are barristers in England and Wales not officers of the court?

In Assaubayev v Michael Wilson & Partners Ltd [2014] EWCA Civ 1491, in a discussion about the court's supervisory jurisdiction over solicitors, Christopher Clarke LJ said [32]: Those who appear before the Court but who are not, and do not purport,…
sjy
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In 2022 can a barrister do anything that a solicitor or a litigant in person for that matter cannot?

It seems that the exclusive privileges of barristers to appear in higher courts has slowly been eroded by various acts including in 1990 and 1999. I assume the answer is yes, but Does anything remain of exclusive privileges? And yet it seems that a…
JosephCorrectEnglishPronouns
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Barrister in the UK

I have had an interest in taxation throughout my adult life, and I recently stumbled upon a position at a Chambers to do exactly that, and they also pay for me to become a Barrister. If I eventually get bored of taxation and I wish to go into…
user5623335
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Will Queen's Counsel automatically become King's Counsel upon the accession of a male Head of the Commonwealth?

Would Jane Bloggs QC become Jane Bloggs KC overnight? Or would current silk simply be able to apply for the new title, as occurred in some jurisdictions when the title of Senior Counsel was introduced? References sourced in any jurisdiction in which…
sjy
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Is it possible to arrange remote attendance at Family Law court hearing in the UK?

It is possible to hire a barrister and be represented. Is it possible to hire a barrister and be represented and have a Skype / Hangouts / anything running during the court hearing? Previous question: What happens if I don't show up to the Court…
Silly mistakes in the past
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How freely can counsel interpret instructions given by their client?

I have been reading about Frank Harris's trial for contempt of court in February, 1914, and while there are a number of aspects that may strike us as odd now, such as that Harris was committed to prison for an "indefinite period" for the seemingly…
Alfred Armstrong
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How does a layperson know whether to hire a Queen's Counsel?

1. A layperson may not know whether his/her case is complex enough to hire a Queen's Counsel. So how does a layperson decide, when deciding hiring a public access barrister? 2. Are barristers obligated to advise a client on such a question? To wit,…
user89
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What’s actually the difference between firms and chambers?

The classic answer is that chambers are more limited to office sharing and only provide clerks. But this is clearly not the case as chambers often provide websites as well with getaways allowing one to peruse the different barristers along with…
TylerDurden
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Is there any particular reason why barristers have to be self employed or is it purely customary?

Suppose Barry graduated law school and receives all of the necessary qualifications necessary to practice as a barrister, but doesn’t like the idea of being self employed or perhaps doesn’t have the startup capital to be able to rent out space in a…
TylerDurden
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In what context can one reference or make points about pre-trial correspondence at trial?

Suppose one has a claim against a corporate defendant, and up until the trial the defendant is represented in correspondence by a solicitor. At trial, a human director of the defendant is called by the defendant party as a witness, but the defendant…
TylerDurden
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What's the definition of an attorney at law?

User Francis Davey States that "Barristers are not, and have never been, attorneys (at law) in England - at least not as a result of their profession -- whereas all solicitors are." What does that mean?
JosephCorrectEnglishPronouns
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