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Garrett A. Wollman | The real tragedy of human existence is not that we are
wollman@csail.mit.edu| nasty by nature, but that a cruel structural asymmetry
Opinions not those | grants to rare events of meanness such power to shape
of MIT or CSAIL. | our history. - S.J. Gould, Ten Thousand Acts of Kindness
>>My understanding is that barristers in chambers are self-employed
>>individuals. Although they act collectively for some purposes and accept
>>the leadership of senior members they are not in a firm or partnership.
>
>if they are neither a firm (company?) nor a partnership, by what legal
>personality do they act collectively?
They don't.
>There must be some sort of
>legal structure by which they operate.
There isn't.
The essential requirement is that a barrister takes complete personal
responsibility for his work, or at least for certain categories of
work, including appearing in court; he may not be anybody's employee
or partner.
A barrister may be employed by a company or other organisation to give
legal advice, but such an "employed barrister" is not in practice, and
cannot appear in court.
>(I suppose 'unincorporated
>association', or whatever the E&W equivalent is, would do, but I would
>expect a lawyer to want to formalize that sort of thing. Big law
>firms in the U.S. are limited-liability partnerships (LLPs) or
>professional corporations (PCs). Likewise accounting firms, at least
>historically.)
Also UK solicitors, but not barristers.
The organistion and running of a barristers' chambers is in the hands
of a clerk (or, sometimes, several clerks). They have a separate
contract with each member of chambers, entitling them to a percentage
of that member's fees. I'm not sure what the position of typists and
suchlike is, but I think they are probably employed by the clerk. The
chambers as such is not a legal entity. (I think the word "chambers"
in this context should be treated as singular).

Signature
Don Aitken
Mail to the From: address is not read.
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Peter Duncanson (BrE) - 13 May 2009 10:40 GMT
>>>My understanding is that barristers in chambers are self-employed
>>>individuals. Although they act collectively for some purposes and accept
[quoted text clipped - 35 lines]
>chambers as such is not a legal entity. (I think the word "chambers"
>in this context should be treated as singular).
It crossed my mind that there might be a legal entity responsible for
owning or renting the property in which the barristers operate and
reponsible for employing the law clerks, typists, etc.
Googling found this job advert:
http://jobs.trovit.co.uk/jobs/goldsmith-chambers
JUNIOR BILLING CLERK
City London
Company: Goldsmith Chambers
Salary: £19k-£21k
Opportunity to work in Barristers Chambers Goldsmith Chambers
(Services) ltd, which provides... professional services to a
substantial set of over 60 barristers established at Goldsmith
Building, Temple for... team will be to ensure that all work in
progress and all completed work of Members of Chambers is... please
contact the Chambers Administrator, Dalila Dhuny. To apply for this
job please use the Apply Now
Contract: Permanent
Full wording at:
http://www.redgoldfish.co.uk/jsviewjob.asp?jid=242456
I'd guess that senior barristers in the set are directors of the ltd
company.
Just a bit of context which is given in AUE from time-to-time but is
easily forgotten by those familiar with different arrangements:
http://en.wikipedia.org/wiki/Barrister
A barrister is a lawyer found in many common law jurisdictions that
employ a split profession (as opposed to a fused profession) in
relation to legal representation. In split professions, the other
types of lawyers are mainly solicitors. Solicitors have more direct
contact with the clients, whereas barristers often only become
involved in a case once advocacy before a court is needed by the
client. Barristers are also engaged by solicitors to provide
specialist advice on points of law. Barristers are rarely instructed
by clients directly (although this occurs frequently in tax
matters). Instead, the client's solicitors will instruct a barrister
on behalf of the client when appropriate.
If a client has a legal problem she will employ a solicitor. If the
matter goes to a lower court the solicitor can represent the client in
court. If the case goes to a higher court the solicitor will need to
employ the services of a barrister. Solicitors do not have a right of
audience in higher courts (except for specially qualified Solicitor
Advocates).
http://en.wikipedia.org/wiki/Solicitor
http://en.wikipedia.org/wiki/Solicitor_advocate
Usual WikiCaveats apply.

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Peter Duncanson, UK
(in alt.usage.english)