Barristers in England and Wales

Origin of the profession[edit]

The work of senior legal professionals in England and Wales is divided between solicitors and barristers. Both are trained in law but serve differing functions in the practice of law.


Historically, the superior courts were based in London, the capital city. To dispense justice throughout the country, a judge and court personnel would periodically travel a regional circuit to deal with cases that had arisen there. From this developed a body of lawyers who were on socially familiar terms with the judges, had training and experience in the superior courts, and had access to a greater corpus of research material and accumulated knowledge on the interpretation and application of the law. Some would go "on circuit" with the court to act on behalf of those requiring representation. By contrast, solicitors were essentially local to one place, whether London or a provincial town.


Lawyers who practised in the courts in this way came to be called "barristers" because they were "called to the Bar", the symbolic barrier separating the public—including solicitors and law students—from those admitted to the well of the Court. They became specialists either in appearing in court to represent clients, or in the process of using the courts, which would include giving oral or written advice on the strength of a case and the best way to conduct it. For those who had the means and preference to engage a solicitor, it became useful, then normal and then compulsory, for the solicitor, in turn, to select and engage a barrister to represent the client before the courts. Likewise, it became either useful or normal (but not compulsory) to engage an appropriate barrister when highly specialist advice was required. Many barristers have largely "paper practices" and rarely or never appear in court.


Historically, practising at the bar (or in court) was a more socially prestigious profession than working as a solicitor. In the 18th and 19th centuries, the bar was one of the limited number of professions considered suitable for upper-class men; politics, the Army and Navy, the established clergy, banking and the civil and diplomatic services being the others. Many leading 18th- and 19th-century politicians were barristers; few were solicitors. In the 20th century, solicitors closed the gap greatly, especially in terms of earnings, and by the early 21st century the social gap was far less important than formerly.

A prospective barrister must first complete the academic component of their legal education by obtaining a law degree. In lieu of a formal law degree, however, the individual may undertake a one-year law conversion course, formerly known as the CPE (Common Professional Examination) or PGDL (Postgraduate Diploma in Law), and now known simply as a GDL (Graduate Diploma in Law), having initially graduated in a subject other than law. The student joins one of the Inns of Court and takes the [vocational component] at one of the accredited providers.


Formerly known as the Bar Professional Training Course (BPTC), the vocational component can now be taken through four different routes:^[13]


It is still mandatory to "keep terms" before the student can be called to the bar. The student must participate in 10 qualifying sessions.^[14] It used to be a prerequisite that 24 dinners were eaten before call, but the number was reduced to twelve and now ten. Dining credits are available for participating in specified training events (e.g., a weekend at Cumberland Lodge organised by one of the Inns credits attendees with three dinners). It is also possible to "double-dine" on various special occasions, by which the student is credited with two sessions.


The origins of this date from the time when both students and practitioners dined together; students learned elements of their education from their fellow diners and from readings given by a senior member of the Inn (Master Reader) after the meal. At the successful completion of the vocational component (where continuous assessment, as well as examinations, are now the rule), and completion of the requisite number of dining nights, students are entitled, subject to various formalities, to be "called to the Bar" at a ceremony in their Inn. This is conducted by the Masters of the Bench, or Benchers, who are generally senior practising barristers or judges.


Once called to the bar, the new barrister has a choice whether or not to pursue a career in practice. As there are far more applicants for "tenancy" in barristers' "Chambers" (see below) than there are places, many barristers are unable to obtain a tenancy and choose to go into commercial or academic work. Those choosing not to practice continue to be recognised as "barristers", although may not provide legal services under this label, and remain subject to some limited regulation by the Bar Standards Board.^[15]


One who wishes to become a practising barrister must first obtain a "pupillage". This is a competitive process which involves some 3,000 students applying for some 300 places each year at Authorised Education and Training Organisations (AETOs).^[16] The online pupillage application system, the Pupillage Gateway, enables applicants to submit their details to AETOs (chambers or employers).^[17] The Pupillage Gateway system is used by most AETOs to recruit their pupils; many, however, do not, and such AETOs must be contacted directly by applicants. There is no limit to the number of non-Gateway AETOs that an applicant can contact. The application timetable runs between November and May each year, and AETOs must follow that timetable unless they have a waiver from the Bar Standards Board.^[18]


Pupillage consists of a period of 12 months, where the pupil studies with and under a practising barrister of at least 5 years' experience. The time is traditionally served in two six-month periods under different pupil supervisors(three-month periods are becoming increasingly common), usually in the same AETO. Traditionally, the pupil was paid nothing and could earn no fees until the second six-month period, when he or she was entitled to undertake work independently. All sets are now required to pay their pupils in line with the Living Wage (higher in London). Some pay considerably more than that. The Bar is a highly varied profession, both in terms of the specialism (or otherwise) of individual sets of chambers, and in the financial rewards available. For sets doing predominantly publicly funded work, earnings are low for new practitioners. In more specialised areas serving private clients, such as commercial, tax, or chancery work, earnings are far higher, and at least comparable to those of similarly experienced solicitors in big city firms.


After pupillage, the new barrister must find a seat or "tenancy" in a set of chambers or an employed position. Chambers are groups of barristers and tend to comprise between 20 and 60 barristers. The members of a Chambers share the rent and facilities, such as the service of "clerks" (who combine some of the functions of agents, administrators and diary managers), secretaries and other support staff. Most chambers operate a system whereby the members contribute to these common expenses by paying a certain percentage of their gross income. However, there is no profit-sharing as in a business partnership. Individual barristers keep the fees they earn, beyond what they have to pay towards professional expenses.


The Bar remains a highly individualistic profession, and earnings vary widely – from some newly qualified (usually criminal) juniors who are lucky to earn £25,000 per year to the top King's Counsel (KCs or "silks" as they are known, from their silk gowns) making well in excess of £1 million a year (with a handful of tax and commercial KCs reported to earn more than £2 million a year).^[19]


Although not all barristers practise from the Inns (for reasons such as the limited amount of space available), the majority still practise from chambers. The names placed on boards at the entrances of many of the staircases of the buildings within the Inns are the names of the tenant barristers (and occasionally distinguished members now prominent in judicial or political life) practising from the chambers in those buildings.

Popular culture[edit]

Some of the principles and traditions that have given the profession its unique character have been caricatured in John Mortimer's Rumpole of the Bailey tales and the television episodes based on them. Novelist Caro Fraser also wrote a popular series of books about a fictional series of barrister's chambers called Caper Court.


In television the bar was popularised by actor John Thaw's portrayal of the title character in Kavanagh QC. Peter Moffat (who created Kavanagh QC) also later created a further television series about barristers called Silk (in reference to the silk gowns of King's Counsel) and North Square.