Page 67 - 6205
P. 67
specialist services, in particular as advocates or advisors in matters
involving litigation. They are called in to advise on really difficult points.
Barristers are also experts on advocacy (the art of presenting cases in
Court). Barrister has the exclusive right of audience as an advocate before
all the superior courts, and he can also take cases in the inferior courts if
he wishes to do so. When acting professionally barristers are known as
“counsel”.
Barristers are rather remote figures. In general, a barrister has no
direct contact with the client, only through the instructing solicitor. The
solicitor will choose the barrister best suited to the needs of the client.
Most barristers are professional advocates earning their living by the
presentation of civil and criminal cases in court. A barrister must be
capable of prosecuting in a criminal case one day, and defending an
accused person the next; or of preparing the pleading and taking the case
for a plaintiff in a civil action one day, and doing the same thing for a
defendant the next. In this way the barrister attains a real degree of
objectivity and of independence of mind.
Barristers are not allowed to form partnership. Barristers do not
have public offices in any street. Practicing barristers are all self-
employed, although they normally band together into "chambers". Due to
the nature of barristers’ work, the chambers are only to be found near to
the major courts.
A barrister must be a member of one of the Inns of Court, which
traditionally educated and regulated barristers. To qualify as a barrister
you have to take the examinations of the Bar Council. Barristers’ training
concentrates on the art of advocacy, court procedure and the rules of
evidence. Barristers have full rights of audience to appear in all courts,
from highest to lowest. Only barristers can become judges in an English
Court above a Magistrates’ Court.
Barristers and solicitors are required to dress formally when
appearing in a court case. In court, barristers are often visibly
distinguished from solicitors by their apparel. For example, in Ireland,
England and Wales, barristers usually wear a horsehair wig, stiff collar,
bands and a gown. Solicitors appearing in the county court must wear a
gown but no wig. The vast majority of County Court hearings are now
conducted without robes, although they continue to be worn in High Court
proceedings.
63