Barristers in England and Wales - Manner of Work

Manner of Work

Barristers work in two main contexts: in self-employed practice (formerly known as "independent practice") or in "employed" practice (i.e. salaried).

Most barristers are in self-employed practice, but operate within the framework of a set of Chambers. Under a tenancy agreement, they pay a certain amount per month ("rent") or a percentage of their incomes, or a mixture of the two, to their chambers, which provides accommodation and clerical support (the crucial function of booking, sometimes of finding, work). The Head of Chambers, usually a Queen's Counsel (also referred to as "QC" or "Silk") or a "senior junior", may exercise a powerful influence on the members and members often offer informal help and guidance to each other. However they are not liable for each other's business (as partners are), and members of the same set of chambers may indeed appear on opposite sides in the same case. Each barrister remains an independent practitioner, being solely responsible for the conduct of his own practice and keeping what he earns. He does not receive a salary from anyone. A barrister in independent practice will be instructed by a number of different solicitors ("professional clients") to act for various individuals, government departments, agencies or companies ("lay clients").

By contrast, an "employed" barrister is a barrister who works as an employee within a larger organization either in the public or private sector. For example, employed barristers work within government departments or agencies (such as the Crown Prosecution Service), the legal departments of companies and in some cases for firms of solicitors. Employed barristers will typically be paid a salary, and in most circumstances may only do work on behalf of their employer, rather than accepting instructions on behalf of third parties (such as their employers' customers). Nevertheless they remain subject to the Bar Council's Code of Professional Conduct, and their advice is entitled to professional privilege against disclosure.

New entrants to the employed bar must have completed pupillage in the same way as those in independent practice. The Bar Council produces exhaustive guidance regulating the way in which both groups operate, although in 2006 some of the regulatory authority was passed over to the independent Bar Standards Board.

As of 2011 there were around 12,000 barristers in independent practice, of which about ten percent were QC. A further group (about 3,300) were employed in companies as ‘in-house’ counsel, or by local or national government or in academic institutions.