This apprenticeship standard has been approved for delivery by the Institute for Apprenticeships and Technical Education. However, starts on the apprenticeship will only be possible once a suitable end-point assessment organisation (EPAO) has joined the Apprenticeship Provider and Assessment Register (APAR). Once the EPAO has joined the APAR, funding for apprentice starts will be permitted and this message will be removed.

Overview of the role

Apply the principles and procedures of the law to advise and, or, represent in court for their client or employer on how the law applies to their specific situation or case.

Details of standard

Occupation summary

This occupation is found in all courts and tribunals including Magistrates, Crown Court, County Court, High Court, Court of Appeal and Supreme Court. Some barristers are employed in local authorities, government departments, public bodies like the Crown Prosecution service, organisations and corporate entities. Most barristers are self-employed and regulated as an individual. They usually work in a set of Chambers where they share resources like office space, IT, administration and staff support services like fee collection and clerking.

The broad purpose of the occupation is to apply the principles and procedures of the law to advise and, or, represent in court for their client or employer on how the law applies to their specific situation or case helping the client or employer to understand, pursue and protect their legal rights. A barrister is usually instructed by a solicitor for a client, for example a criminal case. Barristers will generally specialise in at least one ‘practice area’ with the most common areas being crime, family, chancery (probate, business and financial disputes), human rights, immigration, environmental and employment.

In their daily work, an employee in this occupation interacts with solicitors, paralegals, legal executives, clients, court officials, judges, witnesses, jury members, victims and their families and Chambers support staff and managers.

An employee in this occupation will be responsible for representing their client in court, tribunal or other formal setting making sure they apply their legal knowledge and skills to represent for them and apply the professional duties to the threshold level required by the Bar Standards Board, the regulator. The barrister will support their client to understand the legal advice being provided and the consequences of that advice so the client can make an informed decision about how the barrister is going to represent for them in court.

Typical job titles include:

Barrister

Occupation duties

Duty KSBs

Duty 1 take instructions from clients, gather an understanding of client need and explain the risks and benefits of options available and proposed next steps.

K1 K2 K3 K4 K5 K6 K7 K8 K14 K17 K19 K25 K29

S1 S2 S3 S4 S5 S6 S7 S9 S10 S14 S15 S16 S17 S19 S22 S23 S24 S26 S27

B2 B3 B4 B5 B6 B8

Duty 2 provide legal services taking account of the client’s specific needs.

K1 K2 K3 K4 K5 K6 K7 K8 K9 K10 K11 K14 K15 K17 K18 K19 K25 K29 K30 K31

S1 S2 S3 S4 S5 S6 S7 S9 S10 S14 S15 S16 S17 S18 S19 S20 S22 S23 S24 S26 S27

B1 B2 B3 B4 B5 B6 B7 B8

Duty 3 provide ethical legal services ensuring high standards of client care ensuring they are acting in the best interests of the client.

K1 K2 K3 K4 K5 K6 K7 K8 K9 K10 K11 K14 K15 K17 K18 K19 K21 K22 K24 K25 K29 K30 K31

S1 S2 S3 S4 S5 S6 S7 S9 S10 S14 S15 S16 S17 S18 S19 S20 S22 S23 S24 S26 S27

B1 B2 B3 B4 B5 B6 B7 B8

Duty 4 act in accordance with their duty to the court, and place this above their duty to their client. This means for example a barrister cannot lie on a client’s behalf.

K1 K2 K3 K4 K5 K6 K7 K9 K11 K14 K15 K16 K17 K19 K22 K24

S1 S2 S3 S10 S14 S16 S27

B1 B2 B3 B4 B5 B6 B7 B8

Duty 5 keep the affairs of each client confidential and do not share information without a client’s informed consent, or permitted by law.

K1 K2 K6 K20 K26

S1 S3 S20 S22 S23 S27

Duty 6 observe their duty to the court in the administration of justice. This means not misleading a court or a judge or wasting a court’s time. They need to make sure the court has all the relevant information.

K1 K2 K6 K11 K20

S1 S3 S15 S18 S20 S21 S24 S26 S27

B1 B2 B3 B5 B6 B7 B9

Duty 7 source, handle and store confidential and sensitive information and digital data safely and securely.

K1 K2 K6 K17 K23 K26 K27 K31

S1 S3 S18 S21 S22 S23 S26 S27

Duty 8 keep accurate records and manage day-to-day administration.

K1 K2 K6 K18 K23 K24 K25 K26 K27 K30 K31

S1 S3 S18 S20 S21 S22 S23 S24 S25 S26

B3

Duty 9 set out legal research strategies, conduct legal research using a range of approaches and sources and provide analysis of outcomes to stakeholders.

K1 K2 K3 K4 K5 K6 K7 K12 K28

S1 S2 S3 S6 S25 S26 S27

Duty 10 review and analyse documents and data to identify key facts and evidence and form judgements on the quality of evidence and any gaps or contradictions.

K1 K2 K3 K4 K5 K6 K7 K12 K28

S1 S2 S3 S6 S25 S26 S27

Duty 11 apply findings from legal research to inform casework and decision-making strategies.

K1 K2 K3 K4 K5 K6 K7 K12 K28

S1 S2 S3 S6 S25 S26 S27

Duty 12 analyse and evaluate data and information to inform strategies and decision-making in legal casework.

K1 K2 K3 K4 K5 K6 K7 K12 K26 K28

S1 S2 S3 S6 S10 S22 S25 S26 S27

B3 B5

Duty 13 present visualisations of data and information to communicate solutions to clients and stakeholders.

K1 K2 K6 K7 K12 K28

S1 S2 S3 S6 S7 S9 S10 S11 S25 S26 S27

B2 B3

Duty 14 draft and produce legal documents both within a template format and bespoke.

K1 K2 K3 K4 K5 K6 K13 K15 K27

S1 S2 S3 S7 S9 S11 S12 S23 S25 S26

Duty 15 make decisions in legal matters based on legal principles or the rule of law and within all legal and regulatory requirements.

K1 K2 K3 K4 K5 K6 K8 K15

S1 S2 S3 S4 S6 S7 S10 S11 S12 S16 S17 S18 S19 S22 S23 S24 S25 S26 S27

B2 B3 B4 B5 B8

Duty 16 provide ethical legal advice to clients appropriate to their circumstances and objectives.

K1 K2 K3 K4 K5 K6 K8 K14 K15 K17 K18 K19 K22

S1 S2 S3 S4 S5 S6 S7 S9 S10 S11 S12 S16 S17 S18 S19 S22 S23 S24 S25 S26 S27

B2 B3 B4 B5 B8

Duty 17 exercise judgement to develop an effective case theory.

K1 K2 K3 K4 K5 K6 K14 K15 K16 K22

S1 S2 S3 S6 S7 S8 S9 S10 S11 S12 S27

B3 B5

Duty 18 prepare a coherent submission to the court based upon relevant facts, general principles, and legal authorities in a structured, concise and persuasive manner.

K1 K2 K3 K4 K5 K6 K14 K15 K16 K22

S1 S2 S3 S6 S7 S8 S9 S10 S11 S12 S25

B3

Duty 19 represent clients in court using relevant communication skills and techniques used by an advocate.

K1 K2 K3 K4 K5 K6 K14 K15 K16 K22

S1 S2 S3 S6 S7 S8 S9 S10 S11 S12 S13

B1 B2 B3 B8

Duty 20 present a coherent submission to the court, deal appropriately with witnesses and respond effectively to opponents and questions from the court.

K1 K2 K3 K4 K5 K6 K14 K15 K16 K22

S1 S2 S3 S6 S7 S8 S9 S10 S11 S12 S13

B1 B2 B3 B8

Duty 21 represent and negotiate for clients in legal matters.

K1 K2 K3 K4 K5 K6 K8 K10 K11 K14 K16 K22 K29

S1 S2 S3 S4 S6 S8 S9 S10 S11 S12 S13 S16 S17 S27

B1 B2 B3 B5 B8

Duty 22 deliver legal services using digital technology safely and securely to protect the organisation from cyber security risks and reputational harm with an awareness of benefits and risks to the organisation and clients.

K1 K2 K4 K5 K6 K7 K12 K13 K18 K20 K23 K25 K26 K27 K28 K30 K31

S1 S3 S7 S11 S12 S20 S21 S22 S23 S24 S25 S26 S27

B7

Duty 23 comply with the fundamental duties to the court, the administration of justice, to other advocates and appropriate ethics, etiquette and conventions of advocacy.

K1 K2 K3 K4 K5 K6 K7 K8 K9 K10 K11 K14 K15 K16 K17 K19 K20 K22 K23 K24 K25 K31

S1 S3 S4 S5 S8 S9 S10 S13 S14 S15 S16 S17 S18 S20 S21 S23 S24 S25 S26 S27

B1 B2 B3 B4 B5 B6 B7 B8 B9

Duty 24 manage personal and professional continuous development including regulatory requirements for practice.

K1 K2 K3 K4 K5 K6 K7 K9 K10 K11 K12 K13 K14 K16 K17 K19 K20 K23 K24 K25 K26 K27 K30 K31

S1 S3 S5 S9 S10 S11 S12 S14 S15 S16 S17 S18 S19 S20 S21 S23 S24 S25 S26 S27

B2 B4 B5 B6 B7 B8

Duty 25 provide legal services in line with regulatory requirements regarding Ethics Conduct and Professionalism including working regarding Equality, Diversity and Inclusion.

K1 K2 K3 K4 K5 K6 K7 K8 K9 K10 K11 K13 K14 K15 K16 K17 K18 K19 K20 K21 K22 K23 K24 K25 K29 K30 K31

S1 S2 S3 S4 S5 S6 S7 S8 S9 S10 S11 S12 S13 S14 S15 S16 S17 S18 S19 S20 S21 S23 S24 S25 S26 S27

B2 B3 B4 B5 B6 B7 B8 B9


KSBs

Knowledge

K1: the regulatory requirements set down by the Bar Standards Board, including the Code of Conduct. Back to Duty

K2: the Bar Standards Board Professional Statement for Barristers. Back to Duty

K3: key concepts and principles of public and private law in alignment with the Bar Standards Board Professional Statement. Back to Duty

K4: the general principles of law underpinning the legal system of England and Wales, including the implications of EU law in alignment with the Bar Standards Board Professional Statement. Back to Duty

K5: the law and procedure relevant to their area or areas of practice including the core law and rules of procedure and practice in alignment with the Bar Standards Board Professional Statement. Back to Duty

K6: principles of law and rules of procedure and practice specified by the Bar Standards Board. Back to Duty

K7: legal texts, journals, materials, documents and research tools relevant to their area of practice. Back to Duty

K8: situations where alternative forms of dispute resolution may be appropriate to given circumstances including arbitration and mediation. Back to Duty

K9: organisations supporting the administration of justice and their respective roles. Back to Duty

K10: alternative sources of advice and funding available to clients. Back to Duty

K11: the implications for the conduct of the case and the additional responsibilities owed in circumstances where the client is publicly funded or otherwise not self-funded. Back to Duty

K12: principles of legal research in line with Bar Standards Board requirements. Back to Duty

K13: principles of drafting legal documents In line with Bar Standards Board requirements. Back to Duty

K14: principles of advocacy and representation in line with Bar Standards Board requirements. Back to Duty

K15: rules and Practice Directions and other protocols relevant to their area of practice which relate to the drafting of skeleton arguments. Back to Duty

K16: the role of different types of witness and use appropriate techniques for witness handling having particular regard to vulnerable witnesses. Back to Duty

K17: potential conflicts of interest and risks to integrity. Back to Duty

K18: principles of fee charging in the provision of legal services. Back to Duty

K19: approaches to identifying the client’s best interests in accordance with the client’s lawful instructions in accordance with the Code of Conduct and other applicable rules and regulations in line with the requirements of the Bar Standards Board. Back to Duty

K20: principles of teamwork and the benefits of team working in alignment with the Bar Standards Board Professional Statement. Back to Duty

K21: principles of equality diversity and inclusion in alignment with the Bar Standards Board Professional Statement. Back to Duty

K22: the professional duties to the litigant in person, the court and their own client, which arise when appearing against the litigant in person, and the potential effect on the handling of the matter. Back to Duty

K23: aspects of being a self-employed barrister and employed barrister in alignment with the Bar Standards Board Professional Statement. Back to Duty

K24: the organisational systems or structures within which they work and which support their delivery of a professional service. Back to Duty

K25: the basis on which legal services are provided, contractual or otherwise, including, how to calculate and manage costs, bill clients and the operation of internal budgets for legal advice. Back to Duty

K26: principles of data management and data security. Back to Duty

K27: principles of cybersecurity. Back to Duty

K28: approaches to analysis and evaluation of evidence. Back to Duty

K29: approaches to negotiation. Back to Duty

K30: principles of strategic planning, financial planning and business development in the context in which they work. Back to Duty

K31: principles of business continuity, risk assessment and risk management in contexts such as client facing matters, organisational challenges, work management, financial matters and activities of chambers. Back to Duty

Skills

S1: comply with the regulatory requirements set down by the Bar Standards Board, including the Code of Conduct. Back to Duty

S2: recall, comprehend and accurately apply to factual situations the principles of law and rules of procedure and practice specified by the Bar Standards Board. Back to Duty

S3: apply the law and rules of procedure and practice relevant to their area of practice to the matters they are dealing with. Back to Duty

S4: identify and advise clients of situations where alternative forms of dispute resolution may be appropriate to their given circumstances. Back to Duty

S5: identify and advise clients of alternative sources of advice and funding available to them, according to their circumstances. Back to Duty

S6: apply effective analytical and evaluative approaches to legal matters in alignment with the Bar Standards Board Professional Statement. Back to Duty

S7: provide clear, concise and accurate advice in writing and orally and take responsibility for it in line with Bar Standards Board requirements. Back to Duty

S8: negotiate a client's case in line with the Bar Standards Board requirements. Back to Duty

S9: exercise good communication skills with an effective command of the English language in line with Bar Standards Board requirements. Back to Duty

S10: ensure they are fully prepared, familiar with the facts and law applicable to any matter on which they are working, as well as their client’s circumstances and goals, so as to be able to supply their client with a good standard of work in line with Bar Standards Board requirements. Back to Duty

S11: draft court and other legal documents which are clear, concise, accurate and written so as to reflect fairly the arguments advanced by both sides in alignment with the Bar Standards Board Professional Statement. Back to Duty

S12: draft skeleton arguments which comply with Rules and Practice Directions and protocols relevant to their area of practice in alignment with the Bar Standards Board Professional Statement. Back to Duty

S13: use persuasive oral advocacy skills to communicate their client’s case effectively in line with the requirements of the Bar Standards Board. Back to Duty

S14: only accept work which they believe they are competent to undertake. Assess the level of their own knowledge, skills and attributes, to enable them to make an informed judgement on the acceptance of work in line with the Bar Standards Board requirements. Back to Duty

S15: ensure work does not incur unnecessary fees or costs in line with the Bar Standards Board requirements. Back to Duty

S16: exercise their duty to act in the best interests of their client in line with the Bar Standards Board requirements. Back to Duty

S17: respond appropriately to those from diverse backgrounds and to the needs and sensitivities created by individual circumstances in line with the Bar Standards Board requirements. Back to Duty

S18: keep clients, whether lay or professional, informed of case progress in a clear and timely manner and manage their expectations. Identify situations where keeping the client informed is their responsibility and in those circumstances establish with their clients a suitable structure, including timescales, for communicating significant developments in their case and communicate those effectively in line with Bar Standards Board requirements. Back to Duty

S19: meet additional responsibilities in cases involving direct access and litigants in person in line with Bar Standards Board requirements. Back to Duty

S20: use time and project management approaches to plan and record work in alignment with the Bar Standards Board Professional Statement. Back to Duty

S21: plan personal workload and absences so as to ensure delivery on all work commitments they have made in line with Bar Standards Board requirements. Back to Duty

S22: maintain the confidentiality of client's affairs in line with Bar Standards Board requirements. Back to Duty

S23: keep accurate records (including financial records and time- recording) and files, electronic or hard copy in line with Bar Standards Board requirements. Back to Duty

S24: allocate time efficiently, prioritising, diarising, observing deadlines in alignment with the Bar Standards Board Professional Statement. Back to Duty

S25: use resources, including IT systems, effectively, in alignment with the Bar Standards Board Professional Statement. Back to Duty

S26: plan and put in place resources to accomplish the goal or target in alignment with the Bar Standards Board Professional Statement. Back to Duty

S27: identify, evaluate and measure the probability and severity of risks to their practice; and proactively decide what to do about risks and act appropriately. Back to Duty

Behaviours

B1: Conducts themselves appropriately in court in alignment with the Bar Standards Board Professional Statement. Back to Duty

B2: Independent and acts with integrity in the interests of justice, representing clients with courage, perseverance and fearlessness in alignment with the Bar Standards Board Professional Statement. Back to Duty

B3: Honest, ensuring that they do not communicate in any way anything that they know or ought to know is untrue, incomplete, inaccurate, or likely to be misleading in alignment with the Bar Standards Board Professional Statement. Back to Duty

B4: Fair, being aware and active in the pursuit of equality and respect for diversity, not tolerating unlawful discrimination, in themselves or others, taking positive steps to confront and tackle discrimination, whether in themselves, in others or in the structures of that workplace in alignment with the Bar Standards Board Professional Statement. Back to Duty

B5: Reflective and corrects errors and admits if they have made mistakes. Continually assess weaknesses, limitations or knowledge gaps, analysing them accurately and honestly. Acknowledge these to others if appropriate, and learn from the reflective process in alignment with the Bar Standards Board Professional Statement. Back to Duty

B6: Adaptable and flexible to maintain professionalism - being self- aware and self-directed, recognising and acting upon the continual need to maintain and develop their knowledge and skills in alignment with the Bar Standards Board Professional Statement. Back to Duty

B7: Applies principles of team working to work collaboratively with others towards a common goal in alignment with the Bar Standards Board Professional Statement. Back to Duty

B8: Treats all people with respect and courtesy, regardless of their background or circumstances. Aware of the diversity of people they may encounter and uses that awareness to modify their behaviour where necessary so as to demonstrate respect and convey courtesy to all. Knows how and where to demonstrate empathy, and acts accordingly in alignment with the Bar Standards Board Professional Statement. Back to Duty

B9: Punctual showing good time-keeping in alignment with the Bar Standards Board Professional Statement. Back to Duty


Qualifications

English and Maths

Apprentices without level 2 English and maths will need to achieve this level prior to taking the End-Point Assessment. For those with an education, health and care plan or a legacy statement, the apprenticeship’s English and maths minimum requirement is Entry Level 3. A British Sign Language (BSL) qualification is an alternative to the English qualification for those whose primary language is BSL.

Other mandatory qualifications

High Level Qualification

Bar Training Course

Level: 7 (non-degree qualification)

Additional information: The following organisations have been authorised to deliver vocational Bar Training. BPP University – to deliver: the vocational component (in one part) of the three-step pathway; the vocational component (in two parts) of the four-step pathway, and the integrated academic and vocational components of the integrated pathway. Cardiff University - to deliver the vocational component of Bar training. Manchester Metropolitan University – to deliver: the vocational component (in one part) of the three-step pathway. Northumbria University – to deliver: the vocational component (in one part) of the three-step pathway; the vocational component (in two parts) of the four-step pathway, and the integrated academic and vocational components of the integrated pathway. Nottingham Trent University – to deliver: the vocational component (in one part) of the three-step pathway. The City Law School, City, University of London – to deliver: the vocational component (in one part) of the three-step pathway; and the vocational component (in two parts) of the four-step pathway. The Inns of Court College of Advocacy - to deliver: the vocational component (in two parts) of the four-step pathway. The University of Law – to deliver: the vocational component (in one part) of the three-step pathway. The University of the West of England (UWE) – to deliver: the vocational component (in one part) of the three-step pathway; and the vocational component (in two parts) of the four-step pathway. The University of Hertfordshire has been authorised to deliver: the vocational component (in one part) of the three-step pathway; and the vocational component (in two parts) of the four-step pathway.

High Level Qualification

Law Degree

Level: 6 (non-integrated degree)

Additional information: The HEIs listed above are authorised by the Bar Standards Board to deliver the Bar Training Course which makes them optimal partners for launching the Barrister apprenticeship through their law degree cohorts.Attainment of a Graduate Degree in Law (GDL) will also be acceptable.

Professional recognition

This standard aligns with the following professional recognition:

  • Bar Standards Board for Barrister


Additional details


Regulated standard

This is a regulated occupation.

Regulator body:

Bar Standards Board

Training Provider must be approved by regulator body

EPAO does not require approval by regulator body

Occupational Level:

7

Duration (months):

72

Review

this apprenticeship will be reviewed in accordance with our change request policy.

Status: Approved for delivery (paused for starts)
Level: 7
Degree: non-degree qualification
Reference: ST1389
Version: 1.0
Date updated: 28/11/2024
Approved for delivery: 19 February 2024
Route: Legal, finance and accounting
Typical duration to gateway: 72 months (this does not include EPA period)
Maximum funding: £27000
Regulated standard:
This is a regulated occupation
Regulator body:Bar Standards Board
Training Provider must be approved by regulator body
LARS Code: 791
EQA Provider: Bar Standards Board
Employers involved in creating the standard: Government Legal Office, Trinity Chambers, Crown Prosecution Service, Cornwall Street Chambers, Ministry of Justice, St Philips Chambers, Clerksroom, 33 Bedford Row.

Version log

Version Change detail Earliest start date Latest start date
1.0 Approved for delivery 28/11/2024 Not set

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