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Barrister: Job description and activities

Job description

Barristers (in England and Wales) are specialists in advocacy, representing individuals or organisations in court, under instruction from a solicitor or another designated professional. They also give advice to their professional clients, who are usually solicitors. Barristers have rights of audience in all courts.

Barristers usually specialise in particular areas of law such as criminal law, chancery law, commercial law, and common law, which includes family, housing and personal injury law. Most barristers work on a self-employed basis, from chambers. An increasing number of employed barristers work in private and public organisations.

In Scotland, advocates have a comparable role and have rights of audience in all Scottish courts (see Advocate (Scotland)), and see also Barrister, private practice (Northern Ireland).

Typical work activities

Barristers are generally involved in the following range of work activities:

• understanding and interpreting the law;
• mastering and managing legal briefs (cases);
• researching relevant points of law;
• writing opinions and advising solicitors and other professionals;
• preparing cases for court, including holding client conferences, preparing legal arguments, etc.;
• presenting arguments in court;
• examining and cross-examining witnesses;
• advising on matters of law and evidence;
• drafting legal documents;
• negotiating settlements.

The area of a barrister's practice will largely determine the balance and emphasis of these activities. For example:

• the work of a criminal barrister is likely to involve a lot of advocacy in court;
• a family law barrister may be representing clients in court in a contact dispute or divorce case, but may also be involved in mediation as a way of avoiding the need to go to court;
• barristers practising chancery/commercial law are generally in court far less than those in other practice areas and instead spend far more time undertaking drafting and advisory work.

Employed barristers undertake similar activities for one company or client. At more senior levels, they may also become involved with the development of legal policy and strategy.

Barristers also contribute to the collective running and management of chambers, particularly with respect to the recruitment of pupils and other tenants.

AGCAS

Written by Jonathan Bainbridge, Thames Valley University

Last updated:

January 2009

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