Barristers' Role Explained
Barristers are an absolutely vital element of the legal profession within the United Kingdom and indeed in many other Commonwealth countries. Very different from their solicitor counterparts, barristers tend to operate in the upper echelons of legal practice with a concentration on Crown Court and High Court proceedings. Their expertise comes from years of training and specialization and is continually honed through associations with specialized legal councils and groups. In most high-profile cases, especially serious criminal-law cases, barristers are a crucial part of the hearing, trial and sentencing process on both the defending and prosecuting sides. Because of their experience and enhanced understanding of the law, barristers are often called in by solicitors when a case becomes too detailed or complex for the solicitor to handle alone.
When Are Barristers Needed?
In the United Kingdom there are two distinct classifications of lawyers: barristers (known as 'advocates' in Scotland) and solicitors. Solicitors are lawyers that deal in the more minor cases, officiating documents such as wills and property purchases, mediating family disputes, and representing clients in the County and Magistrates Courts. In many cases a solicitor is the only form of legal representation that is needed, particularly if the case is not complicated or can be settled out of court. It is only when a case is elevated to a Crown Court hearing that a barrister must be called in to assist, as solicitors are unable to preside over such cases on their own unless they have undergone further training and upgraded their legal status to solicitor-advocate. Once a case is to the point of being heard in a High Court or Court of Appeal it is absolutely necessary that a barrister becomes involved. In these extreme cases the solicitor will generally be retained by the barrister in an advisory role.
Wider Influence
Barristers are skilled at applying and interpreting the law. Unlike solicitors, who generally have very little effect on the continued evolution of the common law, barristers and the cases they present can set precedents and have lasting impacts on the legal landscape. For this reason barristers must be highly specialized and must continue to keep abreast of legal developments and cases presently being tried. Barristers are also trained in advising, advocacy and mediation, and are called upon frequently to look over complicated cases or legal proceedings in order to advise clients of the next steps to take. Documents and letters prepared by barristers tend to have more legal merit than those prepared by solicitors simply because of the common belief that barristers have more in-depth experience with the interpretation of the law.
Areas Of Operation
Barristers by law have the right to appear in any court, from the highest to the lowest, within the United Kingdom. This is contrary to solicitors’ rights, which allow them to present cases only up to the level of County and Magistrates Courts. In Scotland, where there is a slightly different judicial system, advocates (the Scottish equivalent of barristers) can also appear in any court but tend to operate mainly in the Court of Session and High Court of Judiciary realms.