The Bar
Background
The Inns of Courts are ancient societies. They appear, originally to have been associations of apprentices in 13th century England. In the 14th century, apprentices commonly lived in certain inns or hostels near the City of London.
The four principal four inns still remain namely, Lincoln’s Inns, Inner Temple, Middle Temple and Greys Inn. The four English inns educated apprentices under a semi-collegiate regime. They were subject to a common system of education, discipline and governance. Like Kings Inns, their Irish equivalent, they are voluntary unincorporated societies.
Sergeants-at-Laws had their own two inns, of which judges of the Courts of Common Pleas and Kings Bench and later the Exchequer were also members. They were chosen from the ranks of apprentices. No new Sergeant has been appointed in England since 1875.
Right to Practise
Once a person has been called to the bar, he may practise unless disqualified or restricted by conditions imposed.  Barrister’s business ordinarily comprises advocacy, draft and pleadings, legal documents and advising on questions of law.
Barristers have the right to appear before all courts.  Counsel may represent clients in front of a range of tribunals.  Generally, Senior Counsel and Junior Counsel attend together in higher-value cases before the High Court.
Since 1971, solicitors have a concurrent right to appear as advocates although this right is rarely exercised. Barristers are eligible and were formerly exclusively eligible for higher judicial office.
There is a strong presumption when fundamental rights may be affected, that a party is entitled to legal representation. This will generally include representation by counsel, instructed by a solicitor.
Drafting Documents
Barristers may draft documents for reward whether by way of court proceedings or in non-contentious matters. They may draft deeds and other complex legal documents.
Statutory provisions give exclusive rights to draft certain legal documents to solicitors. The provisions do not apply to barristers. The drafting of pleadings is one of the prime roles of counsel. Pleadings or a special case is settled by counsel and should be signed by him.
There are instances where counsel’s opinion or certificate is required. They are required for certain steps in proceedings under the auspices of the Examiner.
Counsel must certify the readiness of some classes of proceedings to proceed to trial. Counsel must certify that actions in certain classes of case are fit for trial.
Barristers authenticate reports of cases in the Superior Courts. Barristers may accredit reports which allow them to be cited as authorities in court.
Immunity
Barristers are immune from arrest on civil process, going to and returning from business before the superior courts. They are privileged from arrest on civil process at certain times on circuit. Barristers are exempt from service as jurors.
Expressions and utterances of counsel made in a professional capacity before a court or judicial inquiry are privileged in defamation. The privilege is to some extent the privilege of his client.
The purpose of the immunity is to allow the assertion of a claim or defence of right and the protection of liberty by free and unfettered statements of facts. It allows arguments that can be legitimately made to be asserted in the course of administration of justice. The privilege extends to counsel, judges, parties and witnesses.
Relationship with Court
The courts have inherent power over barristers. Courts have a residual power to suspend barristers from practising before them. In practice, his power is delegated to the benchers / Bar Council.
Barristers may be punished by a court for contempt of court in respect of acts done in a private or public capacity. A fine and/or imprisonment may be imposed.  The contempt must be of such a nature that it imputes bad character such as to render him unfit to practice before the court.
Expressions uttered in the honest discharge of duty that would be otherwise privileged, are not privileged if they are ultimately intended to insult the judge or jury or amount to an abuse of privilege. They may be punished by the judge accordingly.
Historically, a barrister wore counsel wore a robe and wig in Court. The wearing of wigs and gowns is no longer mandatory for counsel.
Precedence of Bar
The bar is divided into Senior Counsel, who have patents of precedence and have taken silk and sit notionally within the bar of the Supreme Court. They are referred to as leaders or leading counsel. Other barristers sit outside the bar, at least notionally, traditionally wear or wore non-silk gowns and are termed Junior Counsel. Senior Counsel wear or wore silk gowns, traditionally.
The Attorney General takes precedence over other barristers.  Senior Counsel rank according to the date of their patents. Junior barristers rank in accordance with the date of their call.
Acceptance of Briefs
A barrister is obliged to accept briefs in courts for which he professes to practice at a proper professional fee. Special circumstances may justify the refusal to accept a brief. He may not accept a brief that fetters the proper conduct of the case.
A barrister ought to return a brief if there is a probability that he may not be able to attend to it. In the case of a serious criminal offence, the brief ought not to be returned unless there is sufficient time to instruct another counsel.
Remuneration
Traditionally, a barrister was remunerated with a fee for each piece of work done. Accordingly, it was not permissible for a barrister to work exclusively for a fixed salary or accept a fixed fee for advising on various issues over a period.
In principle, a barrister has each separate brief marked with a fee. The fee covers the perusal of the brief and documents as well as the conduct of the case in court, subject to payment of refreshers.
Acceptance of a brief may only take place after the barrister has had a reasonable opportunity to examine it. Once accepted, fees may not be increased unless circumstances arise which substantially increase the burden and responsibility. Brief fees are agreed upon with the instructing solicitor.
Traditionally a Junior Counsel has been entitled to between 3/5 and 2/3’s of the fee payable to the leader/Senior Counsel. Where two counsels have briefed, the leader is entitled to refresher fees if he is present in court for a substantial part of the day.
Nature of Remuneration
Generally, counsel’s fees may not be recovered by legal process from the solicitor or client. However, the failure to pay fees may be professional misconduct on the part of the solicitor subject to disciplinary sanctions. Counsel may refuse to accept the brief if the fee is not paid when the brief is delivered.
The employment of a barrister is honorary in that he has no legal right of remuneration. His remuneration is referred to as an honorarium. Historically, they are technically not debts and may not be attached or garnisheed as such.
Barristers are precluded from recovering fees for all works, not just litigation work. The position extends to work within the ordinary scope of practice as a barrister.
Work done outside this role such as arbitrator may be recoverable, although the position is unclear. It appears that a barrister who has taken evidence by commission may decline to produce it until he has been paid.
Generally, a barrister may not contract in terms that he is not to receive a fee at all. Separately, he may not bargain that he is only paid in the event of a successful outcome. In practice, however. it may be accepted that the barrister will not be paid unless the case is successful, where the client does not have the means to pay.
An agreement by which the barrister is to share the proceeds of litigation is void as champerty. Security given for the same is also void and may be set aside. A promise on the part of the client to pay fees to counsel is ineffective whether made before or after litigation. The relationship of client and counsel makes the parties mutually incapable of entering a contract for the service of advocacy and litigation.