Overview
The legal profession in Northern Ireland is divided into two distinct branches, the Bar (which comprises barristers) and the Law Society of Northern Ireland (which comprises solicitors).
Barristers specialise in providing legal advice and in courtroom advocacy within all Courts in Northern Ireland and, occasionally, in other jurisdictions. Increasingly barristers are retained to represent their client’s case outside the conventional courtroom setting such as within the framework of alternative dispute resolution, arbitrations, tribunals, disciplinary hearings and a broad spectrum of public and private inquiries.
As the law has become more complex, barristers increasingly specialise in particular areas of work thus meeting the particular needs of individual clients.
For many years barristers have represented people in the highest courts in Northern Ireland and the Bar continues to be a strong, effective and thriving profession offering high quality advice and advocacy to meet an ever changing social and commercial environment and the professional needs of the individual client.
Independence goes to the essence of professionalism and reputation of the barrister. Every barrister is entirely independent and in that capacity is engaged as an advocate and legal specialist on behalf of the client. Training, experience, continuing professional development and access to modern research technology and state of the art facilities provided by the Bar Library system promote and protect the expertise of barristers in striving to offer the client the best of quality of service. Moreover a number of Specialist Bar Associations exist to provide support, additional training and representation for their members.
The usual route of engagement of a barrister is through a solicitor and you should discuss with your solicitor whether it is important to have a barrister's advice or the benefit of his or her expertise in the conduct of your case. Solicitors have good working relationships with barristers and are likely to know or be able to find out the most suitable barrister to deal with your case.
In addition The Bar Council operates a scheme allowing licensed access to barristers known as Direct Professional Access. This scheme is particularly suitable for organisations with knowledge and expertise in a particular area of law.
Solicitors
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.
Barristers
The practising barrister's main function is to represent a client's interests in court and consequently barristers, unlike many if not the vast majority of solicitors, are specialists in the art of advocacy. Barristers can and do appear in every court. In criminal cases in the Crown Court a person charged and in receipt of legal aid is entitled, as of right, to the services of at least one barrister as well as his or her solicitor. It is in the discretion of the court to grant assistance for a second barrister in more serious cases.
In civil courts, which in the main deal with claims for damages, disputes over property and wills and matrimonial matters, a person on legal aid is also entitled to the services of counsel as well as a solicitor. Even if not in receipt of legal aid a civil litigant will normally recover his or her costs from the unsuccessful party. Well over 90% of civil claims for personal injuries are successful - most settle without going into court - and a client will have the advantage of counsel's advice before initiating proceedings.
Solicitor - Barrister Relationship
In most cases in the first instance the barrister does not meet the client.
The solicitor takes instructions from the client and approaches a barrister to advise and to represent him or her in court if required.
Early instruction of a barrister often strengthens a client's position as they will be advised by a specialist at an early stage as to any appropriate steps that should be taken. If the matter goes to court the barrister's specialist advocacy experience places the client in the best position to have their case fully argued.
Where a case proceeds the solicitor carries out the preparatory work by taking instructions from the client, interviewing and recording statements from witnesses and obtaining experts reports, eg medical evidence. Barristers, with their specialist knowledge of litigation, draft the appropriate documents to bring the case to court and direct the solicitor to take any further steps he or she considers necessary to best present the client's position.
Barristers in Northern Ireland
At present there are approximately 580 barristers in independent practice in Northern Ireland. There are 77 Queen's Counsel, barristers who have earned a high reputation and are appointed by the Queen as senior advocates and advisers. The title does not imply an association with the State.
Junior Counsel
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.