What is a barrister?

A barrister is a specialist in advocacy who presents a case in court – but it’s not just a matter of standing up during a trial. Generally speaking, a case might progress in this manner:

• A solicitor is usually the first port of call when an issue arises, and they deal with the day-to-day administration of the case before it comes to the barrister.
• The solicitor contacts the clerk at a barristers’ chambers – asking either for a specific person or a specialist in a certain field – and the clerk passes the case on.
• The barrister considers the relevant points of law and researches previous similar cases. He or she then supplies specialist advice and does the advocacy if the case goes to court.
• In court the barrister presents the case, cross-examines witnesses and debates the issues. Many cases involve an initial hearing, followed by an interim hearing, and finally a full trial. There is no ‘typical’ length for a case. For small matters, a barrister may receive instructions the night before a case and the hearing may be completed within a day. Others last much longer – some cases take years. In very complicated matters, a barrister will work closely with solicitors and junior colleagues for a considerable time before the case comes to court.

There are around 14,000 barristers practising in the UK, while there are over 90,000 solicitors. Most barristers – about 11,000 – are in private practice. Technically they are self-employed, but must be a member of a chambers (also known as a set) in order to practise. Around 3,000 barristers are employed either by solicitors’ firms or other businesses, or work for the Crown Prosecution Service or the Government Legal Service. Broadly speaking, barristers’ sets can be divided into three types, although many practise more than one type of law:

• Commercial law covers such areas as banking, insurance, insolvency law, international trade law, company law and media law.
• Criminal law involves the prosecution and defence of people accused of crimes, and appeals on behalf of those convicted.
• Common law is the broadest area of practice, encompassing a range of specialisms, often involving contract and negligence. These include sale of goods, personal injury law, landlord and tenant and clinical negligence law.