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Barrister

Barrister

Level 7 - Professional Occupation

Apply the principles and procedures of the law to advise and, or, represent in court for their client or employer on how the law applies to their specific situation or case.

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Summary

This occupation is found in all courts and tribunals including Magistrates, Crown Court, County Court, High Court, Court of Appeal and Supreme Court. Some barristers are employed in local authorities, government departments, public bodies like the Crown Prosecution service, organisations and corporate entities. Most barristers are self-employed and regulated as an individual. They usually work in a set of Chambers where they share resources like office space, IT, administration and staff support services like fee collection and clerking.

The broad purpose of the occupation is to apply the principles and procedures of the law to advise and, or, represent in court for their client or employer on how the law applies to their specific situation or case helping the client or employer to understand, pursue and protect their legal rights. A barrister is usually instructed by a solicitor for a client, for example a criminal case. Barristers will generally specialise in at least one ‘practice area’ with the most common areas being crime, family, chancery (probate, business and financial disputes), human rights, immigration, environmental and employment.

In their daily work, an employee in this occupation interacts with solicitors, paralegals, legal executives, clients, court officials, judges, witnesses, jury members, victims and their families and Chambers support staff and managers.

An employee in this occupation will be responsible for representing their client in court, tribunal or other formal setting making sure they apply their legal knowledge and skills to represent for them and apply the professional duties to the threshold level required by the Bar Standards Board, the regulator. The barrister will support their client to understand the legal advice being provided and the consequences of that advice so the client can make an informed decision about how the barrister is going to represent for them in court.

Typical job titles include:

Barrister

Keywords:

Barrister
Chambers
Court
Crown Prosecution Service
Law
Tribunal

Knowledge, skills and behaviours (KSBs)

K1: the regulatory requirements set down by the Bar Standards Board, including the Code of Conduct.
K2: the Bar Standards Board Professional Statement for Barristers.
K3: key concepts and principles of public and private law in alignment with the Bar Standards Board Professional Statement.
K4: the general principles of law underpinning the legal system of England and Wales, including the implications of EU law in alignment with the Bar Standards Board Professional Statement.
K5: the law and procedure relevant to their area or areas of practice including the core law and rules of procedure and practice in alignment with the Bar Standards Board Professional Statement.
K6: principles of law and rules of procedure and practice specified by the Bar Standards Board.
K7: legal texts, journals, materials, documents and research tools relevant to their area of practice.
K8: situations where alternative forms of dispute resolution may be appropriate to given circumstances including arbitration and mediation.
K9: organisations supporting the administration of justice and their respective roles.
K10: alternative sources of advice and funding available to clients.
K11: the implications for the conduct of the case and the additional responsibilities owed in circumstances where the client is publicly funded or otherwise not self-funded.
K12: principles of legal research in line with Bar Standards Board requirements.
K13: principles of drafting legal documents In line with Bar Standards Board requirements.
K14: principles of advocacy and representation in line with Bar Standards Board requirements.
K15: rules and Practice Directions and other protocols relevant to their area of practice which relate to the drafting of skeleton arguments.
K16: the role of different types of witness and use appropriate techniques for witness handling having particular regard to vulnerable witnesses.
K17: potential conflicts of interest and risks to integrity.
K18: principles of fee charging in the provision of legal services.
K19: approaches to identifying the client’s best interests in accordance with the client’s lawful instructions in accordance with the Code of Conduct and other applicable rules and regulations in line with the requirements of the Bar Standards Board.
K20: principles of teamwork and the benefits of team working in alignment with the Bar Standards Board Professional Statement.
K21: principles of equality diversity and inclusion in alignment with the Bar Standards Board Professional Statement.
K22: the professional duties to the litigant in person, the court and their own client, which arise when appearing against the litigant in person, and the potential effect on the handling of the matter.
K23: aspects of being a self-employed barrister and employed barrister in alignment with the Bar Standards Board Professional Statement.
K24: the organisational systems or structures within which they work and which support their delivery of a professional service.
K25: the basis on which legal services are provided, contractual or otherwise, including, how to calculate and manage costs, bill clients and the operation of internal budgets for legal advice.
K26: principles of data management and data security.
K27: principles of cybersecurity.
K28: approaches to analysis and evaluation of evidence.
K29: approaches to negotiation.
K30: principles of strategic planning, financial planning and business development in the context in which they work.
K31: principles of business continuity, risk assessment and risk management in contexts such as client facing matters, organisational challenges, work management, financial matters and activities of chambers.

S1: comply with the regulatory requirements set down by the Bar Standards Board, including the Code of Conduct.
S2: recall, comprehend and accurately apply to factual situations the principles of law and rules of procedure and practice specified by the Bar Standards Board.
S3: apply the law and rules of procedure and practice relevant to their area of practice to the matters they are dealing with.
S4: identify and advise clients of situations where alternative forms of dispute resolution may be appropriate to their given circumstances.
S5: identify and advise clients of alternative sources of advice and funding available to them, according to their circumstances.
S6: apply effective analytical and evaluative approaches to legal matters in alignment with the Bar Standards Board Professional Statement.
S7: provide clear, concise and accurate advice in writing and orally and take responsibility for it in line with Bar Standards Board requirements.
S8: negotiate a client's case in line with the Bar Standards Board requirements.
S9: exercise good communication skills with an effective command of the English language in line with Bar Standards Board requirements.
S10: ensure they are fully prepared, familiar with the facts and law applicable to any matter on which they are working, as well as their client’s circumstances and goals, so as to be able to supply their client with a good standard of work in line with Bar Standards Board requirements.
S11: draft court and other legal documents which are clear, concise, accurate and written so as to reflect fairly the arguments advanced by both sides in alignment with the Bar Standards Board Professional Statement.
S12: draft skeleton arguments which comply with Rules and Practice Directions and protocols relevant to their area of practice in alignment with the Bar Standards Board Professional Statement.
S13: use persuasive oral advocacy skills to communicate their client’s case effectively in line with the requirements of the Bar Standards Board.
S14: only accept work which they believe they are competent to undertake. Assess the level of their own knowledge, skills and attributes, to enable them to make an informed judgement on the acceptance of work in line with the Bar Standards Board requirements.
S15: ensure work does not incur unnecessary fees or costs in line with the Bar Standards Board requirements.
S16: exercise their duty to act in the best interests of their client in line with the Bar Standards Board requirements.
S17: respond appropriately to those from diverse backgrounds and to the needs and sensitivities created by individual circumstances in line with the Bar Standards Board requirements.
S18: keep clients, whether lay or professional, informed of case progress in a clear and timely manner and manage their expectations. Identify situations where keeping the client informed is their responsibility and in those circumstances establish with their clients a suitable structure, including timescales, for communicating significant developments in their case and communicate those effectively in line with Bar Standards Board requirements.
S19: meet additional responsibilities in cases involving direct access and litigants in person in line with Bar Standards Board requirements.
S20: use time and project management approaches to plan and record work in alignment with the Bar Standards Board Professional Statement.
S21: plan personal workload and absences so as to ensure delivery on all work commitments they have made in line with Bar Standards Board requirements.
S22: maintain the confidentiality of client's affairs in line with Bar Standards Board requirements.
S23: keep accurate records (including financial records and time- recording) and files, electronic or hard copy in line with Bar Standards Board requirements.
S24: allocate time efficiently, prioritising, diarising, observing deadlines in alignment with the Bar Standards Board Professional Statement.
S25: use resources, including IT systems, effectively, in alignment with the Bar Standards Board Professional Statement.
S26: plan and put in place resources to accomplish the goal or target in alignment with the Bar Standards Board Professional Statement.
S27: identify, evaluate and measure the probability and severity of risks to their practice; and proactively decide what to do about risks and act appropriately.

B1: Conducts themselves appropriately in court in alignment with the Bar Standards Board Professional Statement.
B2: Independent and acts with integrity in the interests of justice, representing clients with courage, perseverance and fearlessness in alignment with the Bar Standards Board Professional Statement.
B3: Honest, ensuring that they do not communicate in any way anything that they know or ought to know is untrue, incomplete, inaccurate, or likely to be misleading in alignment with the Bar Standards Board Professional Statement.
B4: Fair, being aware and active in the pursuit of equality and respect for diversity, not tolerating unlawful discrimination, in themselves or others, taking positive steps to confront and tackle discrimination, whether in themselves, in others or in the structures of that workplace in alignment with the Bar Standards Board Professional Statement.
B5: Reflective and corrects errors and admits if they have made mistakes. Continually assess weaknesses, limitations or knowledge gaps, analysing them accurately and honestly. Acknowledge these to others if appropriate, and learn from the reflective process in alignment with the Bar Standards Board Professional Statement.
B6: Adaptable and flexible to maintain professionalism - being self- aware and self-directed, recognising and acting upon the continual need to maintain and develop their knowledge and skills in alignment with the Bar Standards Board Professional Statement.
B7: Applies principles of team working to work collaboratively with others towards a common goal in alignment with the Bar Standards Board Professional Statement.
B8: Treats all people with respect and courtesy, regardless of their background or circumstances. Aware of the diversity of people they may encounter and uses that awareness to modify their behaviour where necessary so as to demonstrate respect and convey courtesy to all. Knows how and where to demonstrate empathy, and acts accordingly in alignment with the Bar Standards Board Professional Statement.
B9: Punctual showing good time-keeping in alignment with the Bar Standards Board Professional Statement.

Duties

Duty D1

take instructions from clients, gather an understanding of client need and explain the risks and benefits of options available and proposed next steps.

Duty D2

provide legal services taking account of the client’s specific needs.

Duty D3

provide ethical legal services ensuring high standards of client care ensuring they are acting in the best interests of the client.

Duty D4

act in accordance with their duty to the court, and place this above their duty to their client. This means for example a barrister cannot lie on a client’s behalf.

Duty D5

keep the affairs of each client confidential and do not share information without a client’s informed consent, or permitted by law.

Duty D6

observe their duty to the court in the administration of justice. This means not misleading a court or a judge or wasting a court’s time. They need to make sure the court has all the relevant information.

Duty D7

source, handle and store confidential and sensitive information and digital data safely and securely.

Duty D8

keep accurate records and manage day-to-day administration.

Duty D9

set out legal research strategies, conduct legal research using a range of approaches and sources and provide analysis of outcomes to stakeholders.

Duty D10

review and analyse documents and data to identify key facts and evidence and form judgements on the quality of evidence and any gaps or contradictions.

Duty D11

apply findings from legal research to inform casework and decision-making strategies.

Duty D12

analyse and evaluate data and information to inform strategies and decision-making in legal casework.

Duty D13

present visualisations of data and information to communicate solutions to clients and stakeholders.

Duty D14

draft and produce legal documents both within a template format and bespoke.

Duty D15

make decisions in legal matters based on legal principles or the rule of law and within all legal and regulatory requirements.

Duty D16

provide ethical legal advice to clients appropriate to their circumstances and objectives.

Duty D17

exercise judgement to develop an effective case theory.

Duty D18

prepare a coherent submission to the court based upon relevant facts, general principles, and legal authorities in a structured, concise and persuasive manner.

Duty D19

represent clients in court using relevant communication skills and techniques used by an advocate.

Duty D20

present a coherent submission to the court, deal appropriately with witnesses and respond effectively to opponents and questions from the court.

Duty D21

represent and negotiate for clients in legal matters.

Duty D22

deliver legal services using digital technology safely and securely to protect the organisation from cyber security risks and reputational harm with an awareness of benefits and risks to the organisation and clients.

Duty D23

comply with the fundamental duties to the court, the administration of justice, to other advocates and appropriate ethics, etiquette and conventions of advocacy.

Duty D24

manage personal and professional continuous development including regulatory requirements for practice.

Duty D25

provide legal services in line with regulatory requirements regarding Ethics Conduct and Professionalism including working regarding Equality, Diversity and Inclusion.