FAQs

A barrister has a number of core duties.

(a) Duty to the court.

Barristers have an overriding duty to the court to act with independence, to act in the interests of justice and to ensure that, in the public interest, the proper and efficient administration of justice is achieved. By way of example, if a client wants a barrister to lie to the court, or to mislead the court, or to hold back damaging documents which the court has ordered to be produced, the barrister is obliged not to do this under any circumstances.

(b) Duty to promote the client's interests.

Subject only to their paramount duty to the court and the administration of justice, barristers must promote and protect fearlessly and by all proper and lawful means the best interests of the client they represent. 

(c) Duty of independence.

Every barrister is completely independent. They are not in partnership with anybody, will not do a case if they have any conflict of interest and are free of any control by the Government or any outside organisation as to how they advise and represent you. Ensuring barristers are and remain independent has always been a key aspect of client protection, the defence of individual rights against the State and the administration of justice.

(d) Duty to represent a client irrespective of the barrister's private views

A barrister cannot refuse to take on a case in the field in which they practice simply because they do not like the client or his beliefs or on the basis of any opinion which the barrister may have formed as to the character, reputation, conduct, guilt or innocence of the client or the political, religious or other cause the client may be promoting.

Every client has a right of access to the courts and to the administration of justice.  Every client has a right to be represented by a barrister who is entitled to be paid for their work.  Barristers cannot pick and choose which types of clients they act for if the work is within their area of expertise. Like a taxi offered a fare, the barrister has to take the passenger (i.e. the client) if they are free and are offered a suitable fare.  The purpose of this rule is to give every client, as far as possible, an equal right of access to barristers and to legal representation in court.

There are two types of lawyer in Ireland - barristers and solicitors. The solicitor offers legal services such as buying and selling your house, drawing up your will, advising on setting up a business, and the initial advice if you are sued by somebody or think you have a case against somebody else.  This is why you go to a solicitor first.  If the solicitor thinks you need specialised advice or an expert advocate to represent you in Court, the solicitor will recommend and retain a suitable barrister.  There are approximately 2,300 barristers in Ireland and the solicitor can pick and choose amongst them for a particular case.  In this way the solicitor (and therefore you) have available the choice of the best barrister for your case.

Barristers specialise in representing you in court (advocacy), giving you more detailed advice on your case and also advising you on more difficult areas where you (and possibly your solicitor) need more detailed advice e.g. about some complex business problem or medical negligence or a breach of your human rights or a serious crime with which you may be charged.

A fundamental distinction between a solicitor and a barrister is that the barrister does not and cannot hold any money, ever, on behalf of a client; does not and cannot handle your house purchase or sale; and does not and cannot bind you or your property by promises or undertakings to banks or financial institutions. A barrister is not and cannot be in partnership with another barrister. They are a sole practitioner and are entirely independent.  When advising you or handling your case, your barrister is not under the influence of the Government or any public authority and will observe strict professional confidentiality about your business.  Barristers are highly qualified professionals and subject to a strict code of professional ethics.  You thus get a totally independent, objective and specialist view of your particular problem.

The solicitor retains (or "instructs") the barrister on your behalf and furnishes them with a summary of the facts and the relevant documents. Normally you then have a meeting with the solicitor and your barrister who advises as to the best course to take.  The barrister may give your solicitor written advice (an "opinion") on your case or on the legal issues arising.  The solicitor and barrister both handle your case but do different aspects of the job. The solicitor takes your instructions, organises the witnesses, assists them in preparing their statements of their evidence, assembles the documents, corresponds with the solicitor on the other side, keeps any funds you give him in a separate account and so forth. The barrister gives the specialised advice on your case, how it should be handled, drafts the documents used in court to outline your case (the "pleadings"), drafts the written submissions to the court when this is required and argues the case for you in court. Thus the barrister and the solicitor work together on an individual case each doing a different but complementary aspect of the job of advising and representing you.

There is no set scale of fees charged by barristers and the fee is usually negotiated by the solicitor on your behalf. However, as of the 7^th October 2019 the Legal Services Regulation Act 2015 part 10 Chapter 3 demands a certain level of detail to enhance clarity and transparency for both you, the client, and the barrister in relation to legal costs.

The statutory duties of barristers in relation to legal costs are set out as follows:

Under Section 150 of the Legal Services Regulation Act 2015, on receiving instructions, barristers are required to provide you with a notice which discloses in writing the amount of legal costs that will be incurred, or at the very least to set out the basis on which the legal costs are to be calculated. These will include:

• The time and labour involved in carrying out such work.
• The complexity, novelty or difficulty of the matter.
• The urgency of the matter.
• The level of skill or specialised knowledge required to deal with the matter.

Obtaining such an estimate will allow you, and your solicitor, to shop around to ensure that you obtain the best representation in terms of quality and price. 

If the barrister becomes aware of any factor that would make it likely that there will be a significant increase in the costs, the barrister is obliged to notify you as soon as he or she becomes aware of that factor. Further, you must be notified as to the likely legal and financial consequences of you withdrawing from the litigation; the circumstances in which you would be likely to be required to pay the costs of one or more other parties; and, the circumstances in which it would be likely that the costs of the barrister would not be fully recovered from the other parties.

The notice must allow for a ‘‘cooling off’’ period of no more than ten working days in order to allow you time to consider the costs and the associated financial risks before committing to the legal services of the barrister. During the ‘‘cooling off’’ period, the barrister must not provide any legal service in relation to the matter, unless — in the professional opinion of the barrister, not to provide those legal services would constitute a contravention of a statutory requirement or the rules of court or would prejudice the rights of the client in a manner that could not later be remedied; or a court orders the barrister to provide legal services to the client.

Section 151 of the Act allows you and your barrister to enter into a written agreement concerning the amount, and the manner of payment, of all or part of the legal costs payable by you to the barrister. Provided the agreement includes all the particulars required under Section 150 there is no need for the barrister to provide you with the notice referred to under that section.

Under Section 152, a barrister, as soon as is practicable after concluding the provision of legal services, must provide you with a bill of costs. Section 152 sets out the details that should be contained in the bill of costs. There is also a requirement on the barrister to provide to you, along with the bill of costs, an explanation of the procedure available should you wish to dispute any aspect of the bill of costs, which may include—

• discussing the matter with the barrister,

• referring the dispute to mediation, and

• applying for adjudication of legal costs

Note: Where your legal rights have been vindicated by a court, the other side may be ordered to pay your costs.

Further information

Traditionally, barristers are keen to ensure that no one is left without proper representation simply because of their means. They provide services under both the Criminal and Civil Legal Aid Schemes which in some cases involves appearing for a client at less than the normal commercial rate and at no cost to the client. 

The Bar of Ireland also operates a pro bono scheme, which works through certain charities and non-governmental organisations, where some barristers volunteer to do deserving cases for no fee. Cases cannot be taken directly from members of the public. Please see the Voluntary Assistance Scheme section of this website for further information.

 

A barrister (or "counsel") at the start of their career is known as a Junior Counsel. After some (usually at least 12) years in practice, a Junior Counsel can apply to become a Senior Counsel which is a status awarded by the Government. It is a position reserved for barristers of particular ability and experience. About 12% of barristers are Senior Counsel.

Senior Counsel are typically instructed in more serious or complex cases.  Depending on the complexity of the case, two or more senior and/or junior counsel may be retained, depending on the needs of the case and the client.

Your solicitor can advise you on whether or not you need a senior counsel in your case. A client is never required to have a Senior or Junior Counsel (or indeed any barrister at all; you can represent yourself or your solicitor can represent you but solicitors do not usually do this except in relatively simple cases because of the double burden of work involved).

When retained, Senior Counsel will usually do most of the advocacy in court.  Research, preparation and legal submissions are often drafted by Junior Counsel after taking instructions and guidance from Senior Counsel who will approve the final drafts. Junior Counsel tend to advocate on behalf of clients in less complex cases.

Although they work as individual practitioners the central location of barristers is the Law Library in Dublin which is located in the Four Courts complex (LUAS Red Line – Four Courts). Also, a significant number of barristers are now based in the new Criminal Courts of Justice complex in Parkgate Street, Dublin 8. 

The Law Library is a central point for access to the most modern and up-to-date legal resources. Some barristers have offices, many of which are located in close proximity to the Law Library. Many other barristers practice ‘on circuit' (i.e. outside Dublin) and have access to Bar Rooms (a room in the local Court building) around the country.

For the purpose of the administration of justice, Ireland is divided into regions or "Circuits". The Circuit system has a long history.

The administration of justice has from the earliest times involved courts travelling the country on 'circuits'.  The circuits are the Dublin, Cork, Eastern, Midland, Munster, Northern, South-eastern, South-western and Western.

Judges in Ireland are appointed by the Government from the ranks of practising barristers and solicitors.  Judges rely on barristers appearing in Court to highlight all the relevant facts in the case and legal principles and previous cases necessary for the judge to consider before reaching their judgment.  Part of the barrister's duty not to mislead the Court is not to put forward a legal point which the barrister knows to be wrong.  The independence of the barrister is critical in ensuring that this key part of a fair and just legal system is preserved.

It is a core and valued tradition of the legal system in Ireland that barristers should never mislead the judge and a barrister who does so risks shattering their reputation and career.

You may discuss with your solicitor whether you wish to engage a barrister's advice or service. Your solicitor will have a good working relationship with a number of barristers and so will be able to find one that most suits your case, if a barrister is needed.

You may use our Members' database to view a particular barrister's profile. However, a barrister is typically engaged through a solicitor.

If you are a member of an organisation or professional body and you need legal advice (as distinct from representation in Court) you can engage a barrister directly. Further information on the Direct Professional Access Scheme is available here. 

Barristers prepare a case for trial firstly by studying the briefing papers. It is usually necessary to have a case conference between the client, the solicitor and the barrister to discuss the case.

In more complex cases, it may be necessary to have a number of conferences or consultations with the barrister before the hearing. This can take place at the courts, in the barrister's office or in a solicitor's office.

The Bar's Code of Conduct requires that a barrister must accept a brief from a solicitor to appear before a court in a field in which the barrister practices or professes to practice if the brief is within the barrister's capacity, skill and experience, and they are available.  

The role of the barrister is not to judge the client but to serve as an advocate in the client's interests, subject to not misleading the Court.

If the client has confessed to the barrister to the crime of which they are accused, or admitted an incriminating fact, but still wishes to fight the case instead of pleading guilty, the barrister, if the client so instructs, can still defend the case by making the State prove the client committed the crime beyond reasonable doubt.  But the barrister cannot call evidence or make submissions to the judge or jury that the client did not commit the crime. The barrister can cross-examine the prosecution witnesses with a view to showing that the State has failed to prove their client committed the crime and should therefore be acquitted.

People ask why a barrister should try to get a client acquitted if the barrister knows they are guilty.  The reason is that in a free democratic society, nobody should lose their liberty unless the State proves through proper admissible evidence and due process of law that the accused is guilty.

The Bar of Ireland is the governing body for the Bar (i.e. the barristers' profession). Its role is to promote and improve the services the Bar gives to the public, to ensure that barristers uphold the highest standards of conduct, ethics and independence and to put in place the appropriate independent complaint and disciplinary procedures to deal with cases where it is alleged that a barrister has fallen below the necessary standards.

Please click here for a guide to making complaints.

The "King's Inns" is a School of Law located at Constitution Hill, Dublin 7. To give its full title, the "Honorable Society of King's Inns" was founded in 1541 as a place where student barristers could stay, train and eat meals with barristers.  Today, it is where people train to become barristers often after obtaining a law or other degree from a recognised third level institution. However it is possible to do all one's legal training in the King's Inns. The King's Inns confers the degree of "Barrister at Law". See the King's Inns website at www.kingsinns.ie.

To become a barrister, you must complete a number of academic courses and vocational training to obtain the necessary minimum skills to do the job.

There are three stages to becoming entitled to practise as a barrister, namely the academic, vocational and pupilage stages.

Academic: You must obtain a Law Degree from a university or other approved third level institution.  If you have a non-law degree, you can study for a two year Diploma in Legal Studies at the King's Inns instead of a third level law degree. Students over 25 with no degree can also take the Diploma course.

Vocational: When you have your law degree or diploma, you must pass an entrance examination (usually 5 legal subjects) into the King's Inns.  If you pass, you may enroll in a one year fulltime course or a two year part time course in the King's Inns leading to the degree of Barrister-at-Law. The emphasis in these courses is on advocacy, procedure and practical matters.

Pupilage: Having passed the Barristers-at-Law degree from the King's Inns, students are called to the Bar of Ireland by the Chief Justice of Ireland. Before being allowed to practice on their own, barristers are required to do pupilage (commonly called "devilling" - on the job training) with a suitably qualified barrister in an established practice for a period of 12 months.