Barrister

In many common law jurisdictions, a barrister (or advocate, as they are known in Scotland) is a type of lawyer, particularly one entitled to appear before the superior courts of that jurisdiction. Details vary from jurisdiction to jurisdiction.

Barristers in Northern Ireland

The legal profession in Northern Ireland consists of two separate and complementary branches - Barristers and Solicitors. They are trained and organised in distinctive ways which reflect the differences in their functions and the services they provide.

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The solicitor is usually the first point of contact for any member of the public seeking legal advice. In the normal course of events the solicitor is often the only point of contact as he or she is qualified to see many matters through from beginning to end, for example in conveyancing, debt collecting, making and dealing with wills and matrimonial cases.

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The practising barrister is essentially a consultant offering specialist services as an adviser and advocate in all matters involving the law. In the first instance the barrister does not meet the lay client, namely the person who may require advice or representation, but if it is necessary the solicitor takes instructions from the client and approaches a barrister to advise or to represent the client in court. The distancing of the barrister from the client is seen to be advantageous in that it helps maintain impartiality.

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Where a case proceeds the solicitor carries out some of the preparatory work. Barristers, with their intimate knowledge of litigation, of the ways of the court and of the judiciary, concentrate on the presentation of the case. Meetings between barrister and client take place according to needs and circumstances. Often things go no further if the claim or defence is unlikely to succeed.

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In April 2003 there were 555 barristers in independent practice in Northern Ireland.

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There are 66 Queen?s Counsel, barristers who have earned a high reputation and are appointed by the Queen on the recommendation of the Lord Chancellor as senior advocates and advisers. The title does not imply an association with the State.

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Those barristers who are not Queen?s Counsel are called Junior Counsel. This term is misleading since many members of the Junior Bar are experienced barristers with considerable expertise.

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Benchers are, and have been for centuries, the governing bodies of the four Inns of Court in London and King?s Inns, Dublin. The Benchers of the Inn of Court of Northern Ireland governed the Inn until the enactment of the Constitution of the Inn in 1983, which provides that the government of the Inn is shared between the Benchers, the Executive Council of the Inn and members of the Inn assembled in General Meeting.

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The Executive Council (through its Education Committee) is responsible for considering Memorials submitted by applicants for admission as students of the Inn and by Bar students of the Inn for admission to the degree of Barrister-at-Law and making recommendations to the Benchers. The final decisions on these memorials are taken by the Benchers. The Benchers also have the exclusive power of expelling or suspending a Bar student and of disbarring a barrister or suspending a barrister from practice.

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The Executive Council is also involved with the education; fees of students; calling counsel to the Bar although call to the Bar is performed by the Lord Chief Justice on the invitation of the Benchers; administration of the Bar Library (to which all practising members of the Bar belong); and liaising with corresponding bodies in other countries.

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The Bar Council is responsible for the maintenance of the standards, honour and independence of the Bar and, through its Professional Conduct Committee, receives and investigates complaints against members of the Bar in their professional capacity.

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