Barristers charge for their services in different ways, but an itemised bill should specify in detail what you will pay. Learn more here. A barrister has an overriding duty to the court to act with independence in the interests of the administration of justice. The Barristers Rules set out the important principles of professional conduct, including the duty to act honestly, fairly and bravely for their clients, regardless of personal beliefs.
Barristers are self-employed practitioners, but they are commonly work alongside other barristers in chambers. Most chambers have a day-to-day manager called a clerk, who assists barristers in their relationships with solicitors and manages a their diary. You may contact a chambers clerk to ask if there is a barrister who can help you. Some barristers work for the government full-time, including Crown prosecutors and public defenders. These barristers have statutory independence which means that parliament has passed a law that enables them to provide their services to the government of the day, no matter which political party is in office.
A high proportion of civil cases are settled out of court, and instructing a barrister greatly strengthens the client's hand at negotiation. Even at a trial, whether in a civil or criminal court, a well-argued case and good cross-examination will impress a judge and, if relevant, a jury. Most barristers are self-employed, individual practitioners who may work as a sole practitioner or, more commonly, in groups of offices known as chambers.
A limited number of senior barristers receive 'silk' - becoming Queen's Counsel - as a mark of outstanding ability. Now let us consider why non-English law firms would use barristers. The answer is: for the same reasons, but more so. Many non-English law firms have clients with disputes under English law. Most feel the need to pass those cases on to an English law firm; if they do, they lose all or almost all the revenue from the case. It is rarely a comfortable experience.
Note, however: the more sophisticated non-English law firms engage a barrister as their own sub-contractor on English law cases. That completely changes their experience of conducting English law disputes. In arbitrations, the non-English law firm is free to do exactly the same job an English solicitor; the sub-contracted barrister provides the English law advice and advocacy that the law firm itself cannot provide.
In litigation, the non-English law firms must engage a solicitor, but the sophisticated firm nevertheless engages a barrister as its own sub-contractor, rather than allowing the solicitor to engage the barrister.
So: sophisticated non-English law firms do not let the English law firms reap all the competitive advantages barristers offer to law firms; they take those advantages for themselves. Your firm should do so too. Be sophisticated: develop trusted relations with an internationally-minded barrister today; it will be invaluable when your client is involved in a dispute under English law. I have read understand and agree to the terms of service and privacy policy.
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