Introduction to the BPTC (Formerly BVC)

Criminal Litigation covers practice and procedure throughout the process of criminal justice. It is principally governed by the provisions of the Criminal Justice Act 2003, the Criminal Procedure Rules and The Police and Criminal Evidence Act 1984 (PACE).

Litigation in civil law involves any step that is taken before or in contemplation of action in the civil courts and usually involves an attempt to resolve a dispute between two or more parties. Matters can be contentious and non-contentious in nature but all will be governed by tight time deadlines and strict rules of conduct. The civil law settles disputes between individuals or rights wrongs where a person has been injured or an agreement has been broken. Primarily it preserves the legal status of individuals in society. The process also includes mediation and alternative dispute resolution and its requirements and preparation.

Case preparation is an essential and important skill spanning all aspects of the role of a barrister in both civil and criminal practice. It is fundamental to understanding the evidence and its implications in any given matter. It enables the use of the facts to support a case and provides a clear picture to understand and analyse any potential problems and its implications. Relevant issues relating to both the law and the case can be identified and allow the important process of appreciating both sides in any matter in order to prove or disprove a given piece of evidence. Good preparation strengthens the ability to evaluate a case through assessing the worth of the evidence and plugging any gaps that are present and allows the construction of good strong arguments.

Conferencing can be done on paper but it is usually a chance to meet the client in person. This allows for their version of events to be heard, for advice to be given and instructions to be taken. It is important that the needs, wishes and concerns of the client are dealt with effectively but it is also a time when the client will receive a first impression of the barrister. The importance of this should not be lost and professional ethics and reputation should remain at the forefront of the practitioner's mind.

Drafting is the creation of legal documents. There are numerous types such as statements of case, indictments, appeals, contracts and wills, to name a few. Any document with legal content or that is for a legal purpose will require drafting.

An opinion is a document stating advice on one or several issues arising in a case. It must contain considered advice but it is a working document therefore it must use language that is accurate, precise and concise.

Practical legal research is a vital skill for barristers and is the preparatory steps that enable the full appreciation of a factual, procedural or legal matter in any given case.

Negotiation is a type of conference that aims to achieve the mutual agreement of parties to a case through communication. This can be paper based but invariably it will be face to face. Of prime importance in this area, is an ability to listen and to ascertain the position of the other party whilst being able to express one's own position effectively. For this to work, common ground between the parties from which to begin the process is required.

In 1894 the Bar Council was established to provide regulation, representation and advice to Barristers. It comprises an elected body of 115 persons and committees undertake its work. It is proud of its independence and expertise.

We have a range of free BPTC Opinions based on hypothetical case studies.