Litigation
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Barristers
In Victoria, what is the
difference between a barrister and a solicitor?
Lawyers in private practice fall, professionally, into two main
groups. The work of each group complements that of the other,
and is of equal importance. See "One
profession, two branches" A barrister serves as a specialist
advocate and provides opinions and settles court documents.
See "The
work of a barrister". A solicitor offers more general legal
services that include the briefing and instructing of a barrister
and otherwise organizing a case for trial.
How many barristers are there
in Victoria?
See our page on Size and Composition.
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Can a Victorian barrister appear
in a court interstate?
Yes. See our page on Practising
Interstate.
Where do barristers have their
chambers?
Victorian barristers rent chambers either from Barristers' Chambers
Limited ("BCL") or from third parties. The directors of BCL
are all members of the Bar and are appointed by the Bar Council.
See our page on chambers
and BCL.
Are there firms of barristers?
No. Unlike solicitors, barristers cannot work as a firm or in
partnership with each other or as an employee of any person.
Barristers practise independently from each other and as self-employed
persons. They may however have chambers in the same building,
appear in the same case or share the same secretary or clerk.
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What do the initials
QC or SC mean after a barrister's name?
The initials QC stand for Queen's Counsel and the initials
S.C. stand for Senior Counsel. They mean that the Governor-in-Council
has appointed the person to the office of Queen's Counsel
or from 2000, Senior Counsel, as a mark of the distinction
of that person as an advocate or other legal practitioner.
Usually QCs or S.C.s are assisted in their work both inside
and outside court by a member of the junior bar. QCs and S.C.s
may also be referred to as "silks" as they traditionally wear
silk robes to Court. They are often distinguished from junior
counsel by a rosette on the back of their robe. See our page
on Taking silk.
Why do barristers wear wigs
and gowns in some courts and not others?
A barrister is not obliged to robe to appear in court. (ss
70 Legal
Practice Act 1996). Not all courts have a practice
of barristers who appear there wearing wigs and gowns. Where
they do, wigs and gowns are not worn in interlocutory (intermediate)
hearings but are worn at the final hearing of the case and in
appeals.
In the Federal Court of Australia, barristers and judges wear
gowns but do not wear wigs in final hearings. In the County
Court and Supreme Court of Victoria, when a barrister wears
a gown, he or she also wears a wig. In the Magistrates' Court,
wigs and gowns are never worn.
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What do I have
to do to become a barrister?
See our section on Coming to
the Bar.
What is a barristers clerk?
What role do they play?
A barristers' clerk is responsible for administering aspects
of the practice of barristers. They are a valuable point of
contact for solicitors and others wishing to brief a barrister.
See our section on the clerks.
Does a barrister have to
have a clerk?
No. S. 67 of the
Legal Practice Act 1996. prohibits compulsory clerking.
Nearly all barristers however do have a clerk as it serves their
interest and that of the public to do so.
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How do I retain a barrister?
It is often best that you first retain a solicitor for initial
advice as to whether a barrister can assist you. You can brief
a barrister direct in some circumstances. See our Direct
Access page.
What do I do if I cannot
afford to engage a solicitor or brief a barrister?
You should first contact Legal Aid Victoria to see whether you
are eligible for financial assistance. Alternatively you may
wish to contact a local Community Legal Centre for advice. Also,
the Bar has an assistance scheme in operation. See our section
on the Bar's Legal Assistance
Scheme for details of the Bar's and other sche |
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