Barrister Advice

If you wish to book a Direct Access Barrister who covers the above area of law to provide advice get in touch as soon as possible. You can call 0207 867 3744 to provide details which can be provided to Direct Access Barristers to assist you. A Direct Access Barrister will take further details of your enquiry preferably by email in the first instance and then revert back to you with a quote. Once you have agreed the quote you will be sent a client care letter with terms and conditions for you to sign, return and make payment, which is due in advance of the provision of the service required.

Barrister

From Wikipedia, the free encyclopedia  (Redirected from Barristers)Jump to navigationJump to searchNot to be confused with Barista.

Illustration of an early 19th-century English barrister
Occupation
Occupation typeProfession
Activity sectorsLaw
Jurisprudence
Justice
Philosophy of law
Politics
Legal history
Human rights
Intellectual property
Description
CompetenciesAdvocacy and interpersonal skills, analytical mind, critical thinking, commercial sense
Education requiredEngland and Wales:
Bar Professional Training Course with pupillage (and possibly Common Professional Examination)
Ireland: Barrister-at-Law degree with pupillage
Fields of
employment
Barristers’ chambers, government, sole trader
Related jobsPupil barristeradvocatejudgemagistrateattorneysolicitor

barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching the philosophy, hypothesis and history of law, and giving expert legal opinions.

Barristers are distinguished from solicitors, who have more direct access to clients, and may do transactional-type legal work. It is mainly barristers who are appointed as judges, and they are rarely hired by clients directly. In some legal systems, including those of ScotlandSouth AfricaScandinaviaPakistanIndiaBangladesh, and the British Crown dependencies of JerseyGuernsey and the Isle of Man, the word barrister is also regarded as an honorific title.

In a few jurisdictions, barristers are usually forbidden from “conducting” litigation, and can only act on the instructions of a solicitor, who performs tasks such as corresponding with parties and the court, and drafting court documents. In England and Wales, barristers may seek authorisation from the Bar Standards Board to conduct litigation. This allows a barrister to practise in a ‘dual capacity’, fulfilling the role of both barrister and solicitor.[1]

In some countries with common law legal systems, such as New Zealand and some regions of Australialawyers are entitled to practise both as barristers and solicitors, but it remains a separate system of qualification to practise exclusively as a barrister.

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Differences between barristers and other lawyers[edit]

Differences[edit]

A barrister’s wigs, Parliament Hall, Edinburgh

A barrister, who can be considered a jurist, is a lawyer who represents a litigant as advocate before a court of appropriate jurisdiction. A barrister speaks in court and presents the case before a judge or jury. In some jurisdictions, a barrister receives additional training in evidence law, ethics, and court practice and procedure. In contrast, a solicitor generally meets with clients, does preparatory and administrative work and provides legal advice. In this role, he or she may draft and review legal documents, interact with the client as necessary, prepare evidence, and generally manage the day-to-day administration of a lawsuit. A solicitor can provide a crucial support role to a barrister when in court, such as managing large volumes of documents in the case or even negotiating a settlement outside the courtroom while the trial continues inside.

There are other essential differences. A barrister will usually have rights of audience in the higher courts, whereas other legal professionals will often have more limited access, or will need to acquire additional qualifications to have such access. As in common law countries in which there is a split between the roles of barrister and solicitor, the barrister in civil law jurisdictions is responsible for appearing in trials or pleading cases before the courts.

Barristers usually have particular knowledge of case law, precedent, and the skills to “build” a case. When a solicitor in general practice is confronted with an unusual point of law, they may seek the “opinion of counsel” on the issue.[2]

In most countries, barristers operate as sole practitioners and are prohibited from forming partnerships or from working as a barrister as part of a corporation. (In 2009, the Clementi Report recommended the abolition of this restriction in England and Wales.[3]) However, barristers normally band together into “chambers” to share clerks (administrators) and operating expenses. Some chambers grow to be large and sophisticated and have a distinctly corporate feel. In some jurisdictions, they may be employed by firms of solicitors, banks, or corporations as in-house legal advisers.

In contrast, solicitors and attorneys work directly with the clients and are responsible for engaging a barrister with the appropriate expertise for the case. Barristers generally have little or no direct contact with their ‘lay clients’, particularly without the presence or involvement of the solicitor. All correspondence, inquiries, invoices, and so on, will be addressed to the solicitor, who is primarily responsible for the barrister’s fees.

In court, barristers are often visibly distinguished from solicitors by their apparel. For example, in Ireland, England, and Wales, a barrister usually wears a horsehair wig, stiff collar, bands, and a gown. Since January 2008, solicitor advocates have also been entitled to wear wigs, but wear different gowns.[4]

In many countries the traditional divisions between barristers and solicitors are breaking down. Barristers once enjoyed a monopoly on appearances before the higher courts, but in Great Britain this has now been abolished, and solicitor advocates can generally appear for clients at trial. Increasingly, firms of solicitors are keeping even the most advanced advisory and litigation work in-house for economic and client relationship reasons. Similarly, the prohibition on barristers taking instructions directly from the public has also been widely abolished. But, in practice, direct instruction is still a rarity in most jurisdictions, partly because barristers with narrow specializations, or who are only really trained for advocacy, are not prepared to provide general advice to members of the public.

Historically, barristers have had a major role in trial preparation, including drafting pleadings and reviewing evidence. In some areas of law, that is still the case. In other areas, it is relatively common for the barrister to receive the brief from the instructing solicitor to represent a client at trial only a day or two before the proceeding. Part of the reason for this is cost. A barrister is entitled to a ‘brief fee’ when a brief is delivered, and this represents the bulk of her/his fee in relation to any trial. They are then usually entitled to a ‘refresher’ for each day of the trial after the first. But if a case is settled before the trial, the barrister is not needed and the brief fee would be wasted. Some solicitors avoid this by delaying delivery of the brief until it is certain the case will go to trial.

Justification for a split profession[edit]

Some benefits of maintaining the split include:

  • Having an independent barrister reviewing a course of action gives the client a fresh and independent opinion from an expert in the field distinct from solicitors who may maintain ongoing and long-term relationships with the client.[5]
  • In many jurisdictions, judges are appointed from the bar. Since barristers do not have long-term client relationships and are further removed from clients than solicitors, judicial appointees are more independent.
  • Having recourse to all of the specialist barristers at the bar can enable smaller firms, who could not maintain large specialist departments, to compete with larger firms.
  • A barrister acts as a check on the solicitor conducting the trial; if it becomes apparent that the claim or defense has not been properly conducted by the solicitor prior to trial, the barrister can (and usually has a duty to) advise the client of a separate possible claim against the solicitor.
  • Expertise in conducting trials, owing to the fact that barristers are specialist advocates.
  • In many jurisdictions, barristers must follow the cab-rank rule, which obliges them to accept a brief if it is in their area of expertise and if they are available, facilitating access to justice for the unpopular.

Some disadvantages of the split include:

  • A multiplicity of legal advisers can lead to less efficiency and higher costs, a concern to Sir David Clement in his review of the English legal profession.[6]
  • Because they are further removed from the client, barristers can be less familiar with the client’s needs.

A detailed examination of the justifications for a split legal profession and of the arguments in favor of a fused profession can be found in English solicitor Peter Reeve’s 1986 book, Are Two Legal Professions Necessary?[7]

Regulation[edit]

Gray’s InnLondon

Barristers are regulated by the Bar for the jurisdiction where they practise, and in some countries, by the Inn of Court to which they belong. In some countries, there is external regulation.

Inns of Court, where they exist, regulate admission to the profession. Inns of Court are independent societies that are titularly responsible for the training, admission (calling), and discipline of barristers. Where they exist, a person may only be called to the Bar by an Inn, of which they must first be a member. In fact, historically, call to and success at the Bar, to a large degree, depended upon social connections made early in life.[8]

A Bar collectively describes all members of the profession of barrister within a given jurisdiction. While as a minimum the Bar is an association embracing all its members, it is usually the case, either de facto or de jure, that the Bar is invested with regulatory powers over the manner in which barristers practise.

Barristers around the world[edit]

In the common law tradition, the respective roles of a lawyer – that is as legal adviser and advocate – were formally split into two separate, regulated sub-professions, the other being the office of solicitor. Historically, the distinction was absolute, but in the modern legal age, some countries that had a split legal profession now have a fused profession – anyone entitled to practise as a barrister may also practise as a solicitor, and vice versa. In practice, the distinction may be non-existent, minor, or marked, depending on the jurisdiction. In some jurisdictions, such as Australia, Scotland and Ireland, there is little overlap.

Advice (opinion)

From Wikipedia, the free encyclopediaJump to navigationJump to search“Exhortation” redirects here. For the hymn tune by that name, see Eliakim Doolittle.

The good advice (original title: Le bon conseil), by Jean-Baptiste Madou.

Advice (also called exhortation) is a form of relating personal or institutional opinionsbelief systems, values, recommendations or guidance about certain situations relayed in some context to another person, group or party often offered as a guide to action and/or conduct. Put a little more simply, an advice message is a recommendation about what might be thought, said, or otherwise done to address a problem, make a decision, or manage a situation.

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Kinds of advice[edit]

Advice is believed to be theoretical, and is often considered taboo as well as helpful. The kinds of advice can range from systems of instructional and practical toward more esoteric and spiritual, and is often attributable toward problem solving, strategy seeking, and solution finding, either from a social standpoint or a personal one. Advice may pertain to relationships, lifestyle changes, legal choices, business goals, personal goals, career goals, education goals, religious beliefs, personal growth, motivation, inspiration and so on. Advice is not pertinent to any solid criteria, and may be given freely, or only given when asked upon. In some cultures advice is socially unacceptable to be released unless requested. In other cultures advice is given more openly. It may, especially if it is expert advice such as legal advice or methodological advice also be given only in exchange for payment.

Many expressions and quotations have been used to describe the status of advice, whether given, or received. One such expression is “Advice is what we ask for when we already know the answer but wish we didn’t.” (Erica Jong, How to Save Your Own Life, 1977). Advice is like water, you drink it to replenish your soul. This particular quotation pertains the belief system that states that the answers to one’s questions are within themselves, and do not come from any external stimuli. The accuracy of this particular belief is often disputed among theologians, philosophers, etc. However, a person who would hold such a belief, would “advise” another person to seek the answers out from within one’s own esoteric and inner spiritual natures.

Advice when adhered to and followed may be beneficial, non-beneficial, damaging, non-damaging, partially beneficial and partially damaging, in reference to personal or social paradigms. In other words, not all advice is either “all good” or “all bad”. Many people consider unrequested advice to be paternalistic and patronizing and are thus offended.

Therefore, some people may come to the conclusion that advice is morally better to be left out of the equation altogether, and this theory is included within the following quote (author unknown): “The best advice is this: Don’t take advice and don’t give advice.” Yet, often in society advice has been helpful. A more day to day example would be “eat your vegetables” or “don’t drink and drive.” If this advice is adhered to we can see that the benefits would outweigh the consequences.

Grammatically speaking, advice is an uncountable noun, like rice or milk. Clicheing or using a cliche, refers to mainstream advice that is overused.[1]

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