The case I have selected to discuss here is that “One of the barristers has complained that he is always asked to do late nights and weekends although the other barristas who are all white females are offered only day shifts. How would you advise the management team to investigate this complaint. What legislation might be relevant”
Barristers give specialist legal advice and represent individuals or organisations in court. They are independent, objective sources of legal advice who will tell a client about the strengths and weaknesses of their case.
Discussion
Traditionally, barristers' clients were other members of the legal profession, such as solicitors and legal executives, because until recently it was not normally possible for members of the public to go directly to a barrister.
The time spent in court varies according to the area of law in which the barrister practices:
Chancery mainly deals with trusts and estates and commercial law mainly deals with contract. There is some crossover between chancery and commercial and many cover both. This work requires the barrister to absorb detailed information and understand complex scenarios and involves less time in court than other areas of law as a lot of time is spent drafting cases.
Common law is varied and unpredictable, often with work coming in at the last minute, needing preparation at night for the next day. Common law barristers can expect to be in court perhaps three times a week.
Criminal law involves being in court most days and sometimes different courts in one day. Criminal barristers must be able to think quickly on their feet and be able to summarise cases for the jury.
Employment law is mainly contract and statute based so barristers have to keep up to date with changes in the law. It may involve up to four days a week in court.
Family law can include divorce, child issues and financial disputes. Barristers in this field spend much of their time mediating between the parties in the dispute. The work involves frequent court work and may also involve travel to where the clients live.
Personal injury and clinical negligence includes road traffic accidents and hospital treatment. This work requires some interest in medical matters and involves frequent court work.
Public law covers all areas of public life including planning and housing decisions, asylum cases and education. As it covers such a wide field the time spent in court varies.
Barristers generally work long hours including evenings and weekends. They may have to prepare a case or a written opinion at short notice. They may also have to attend evening court sessions.
Most barristers work in offices called chambers. They may have their own office or share one with other barristers. In London, most chambers are in the Inns of Court. In other towns and cities they are near to court buildings.
Occasionally, barristers may work at home or in rented offices. They may spend a lot of time travelling between offices and courts. (Daniel 1998)
It is vital that the judicial appointment process identifies the ...