What is a barrister's clerk?
Behind almost every barrister is a clerk. They manage the diary, negotiate fees, match work to the right counsel and keep the practice running. Here is what they do and why it matters to clients.
The short answer
A barrister's clerk is the practice manager and business administrator for one or more barristers. Clerks are not lawyers and do not give legal advice. Their job is to bring work in, allocate it to the right barrister, agree fees, manage diaries and court listings, and make sure barristers are paid. In a traditional set of chambers, a team of clerks led by a senior clerk or practice director looks after every member.
For clients and solicitors, the clerk is usually the first point of contact. If you want to know whether a barrister is available for a hearing next Tuesday, what they would charge, or who in chambers is best suited to your case, you speak to the clerk.
What a barrister's clerk does
Diary management
Keeping each barrister's diary, booking hearings and conferences, and dealing with listing changes and clashes, often at very short notice.
Matching work to counsel
Understanding each barrister's specialism, seniority and style, and recommending the right person for each enquiry.
Fee negotiation
Agreeing brief fees, refreshers and fixed fees with solicitors and Public Access clients, and preparing fee notes.
Credit control
Chasing unpaid fees, managing aged debt and keeping barristers' cash flow healthy.
Practice development
Planning a barrister's career, building relationships with solicitors and promoting members' expertise.
Client care
Handling first enquiries, sending client care letters for direct access work and keeping clients informed.
Senior clerks, junior clerks and practice directors
Clerking has a long tradition. Clerks often start as junior clerks, carrying papers and learning the diary, before progressing to first junior, team leader and senior clerk. Larger chambers now also employ chambers directors, practice managers and marketing staff, and many clerks hold qualifications through the Institute of Barristers' Clerks.
Historically, clerks were paid a percentage of barristers' fees. Today, most chambers pay clerks a salary with bonuses, and barristers contribute to chambers' running costs through rent or a percentage of their earnings.
Why the clerk matters when you instruct a barrister
A good clerk will tell you honestly whether a barrister is right for your case, and suggest someone else if they are not. They will give you a clear fee before you commit and keep you updated if a hearing moves. When you contact chambers about a direct access matter, the clerk will usually ask for a summary of the case, the court and any hearing dates, and may arrange an initial call with the barrister.
It is worth remembering that the clerk's fee quote reflects the barrister's preparation, conference and attendance. Asking the clerk what is included, and what is not, avoids surprises later.
Clerking services outside traditional chambers
Not every barrister practises from a traditional set. Self-employed barristers working from home, door tenants and those who have left chambers increasingly use independent clerking services. These provide the same diary, fee and marketing support, often for a percentage of fees on work introduced, without the fixed costs of chambers membership.
Clerk&Counsel is one such service. We are an intermediary and clerking service for independent barristers, and we also work alongside chambers' own clerks to bring in new enquiries. We do not provide legal advice or legal representation; barristers instructed through us are independent professionals regulated by the Bar Standards Board.
For clients, enquiring is free. If you instruct a barrister through us, our service fee of up to £150 depending on urgency is shown separately from the barrister's professional fee before you decide.
Common questions
What is a barrister's clerk?
A barrister's clerk is the practice manager for one or more barristers. They manage diaries, allocate work, negotiate fees and handle enquiries from solicitors and clients. Clerks are not lawyers and do not give legal advice.
Do I speak to the clerk or the barrister?
Usually the clerk first. They check availability and agree the fee, then arrange for you to speak to the barrister about the substance of your case.
How are barristers' clerks paid?
Most clerks in chambers are now salaried with bonuses. Independent clerking services are often paid a percentage of fees on work they introduce.
Can a clerk give me legal advice?
No. Clerks can explain the process, availability and fees, but legal advice must come from the barrister.
What qualifications do barristers' clerks have?
There is no compulsory qualification, but many clerks train through the Institute of Barristers' Clerks and learn on the job, progressing from junior to senior clerk.
Clerk & Counsel is an intermediary and clerking service. We do not provide legal advice or legal representation. Barristers instructed through Clerk & Counsel are independent legal professionals regulated by the Bar Standards Board and are responsible for the legal services they provide. It is free to submit an enquiry; if you instruct a barrister through us, our service fee of up to £150 depending on urgency is shown separately from the barrister's professional fee before you decide.
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