97-760: The Bar of Northern Ireland is the professional association of barristers for Northern Ireland , with over 600 members. It is based in the Bar Library, beside the Royal Courts of Justice in Belfast , together with the Bar Council of Northern Ireland (the professional body of the members of the Northern Irish Bar) and the Executive Council. The Executive Council has taken on many of the functions formerly exercised by
194-407: A barrister usually wears a horsehair wig, stiff collar, bands , and a gown. Since January 2008, solicitor advocates have also been entitled to wear wigs, but wear different gowns. In many countries the traditional divisions between barristers and other legal representatives are gradually decreasing. Barristers once enjoyed a monopoly on appearances before the higher courts, but particularly within
291-466: A church or chapel attached to it and is a self-contained precinct where barristers traditionally train and practise. However, growth in the legal profession , together with a desire to practise from more modern accommodations and buildings with lower rents, caused many barristers' chambers to move outside the precincts of the Inns of Court in the late 20th century. During the 12th and early 13th centuries, law
388-461: A client in administrative tax appeals) and patent agents ( "benrishi" , qualified to practice patent registration and represent a client in administrative patent appeals). Only the lawyers ( bengoshi ) can appear before the court and are qualified to practice in any areas of law, including, but not limited to, areas that those qualified law-related professionals above are allowed to practice. Most attorneys still focus primarily on court practice and still
485-463: A compulsory condition of licensure. Neither voluntary professional associations (including the American Inns of Court) nor mandatory bar associations typically have any role in training or licensing of law students that would be comparable to that function of the four English Inns of Court in selection and training of new barristers. While the American Inns of Court share a collegial relationship with
582-405: A fused profession, arguing and preparing cases in contentious matters, whereas Quebec's other type of lawyer, civil-law notaries ( notaires ), handle out-of-court non-contentious matters. However, a number of areas of non-contentious private law are not monopolized by notaries so that attorneys often specialize in handling either trials, cases, advising, or non-trial matters. The only disadvantage
679-582: A lawyer who represented the client in the lower courts. However, these restrictions do not apply to criminal cases, nor to pleadings at courts of the other court systems, including labour, administrative, taxation, and social courts and the European Union court system. The legal profession in Hong Kong is also divided into two branches: barristers and solicitors. In the High Court of Hong Kong (including both
776-632: A less formal arrangement but this is not compulsory. Devils are not generally paid for their work in their devilling year. Israel In Israel, there is no distinction between barristers and solicitors. Japan adopts a unified system. However, there are certain classes of qualified professionals who are allowed to practice in certain limited areas of law, such as scriveners ( shiho shoshi , qualified to handle title registration, deposit, and certain petite court proceedings with additional certification), tax accountants ( zeirishi , qualified to prepare tax returns, provide advice on tax computation and represent
873-406: A local law school, and another may be associated with a specific field of legal practice. American Inns of Court do not possess any real property. They are groups of judges, practising attorneys, law professors and students who meet regularly (usually monthly) to discuss and debate issues relating to legal ethics and professionalism. American Inn of Court meetings typically consist of a shared meal and
970-733: A movement to create Inns of Court in the United States, loosely modelled after the traditional English Inns. In 1985, he and others established the American Inns of Court Foundation to promote and formally charter local Inns of Court across the United States. Each local Inn is devoted to promoting professionalism, civility, ethics, and legal skills amongst the American bench and bar, in a collegial setting, through continuing education and mentoring. At present, each major American city has more than one Inn of Court; for example, one Inn may be affiliated with
1067-472: A particular inn because he or she knows someone already a member, or it has a student association at their university. The inns' disciplinary functions are carried out by a joint Council of the Inns of Court, which administers the disciplinary tribunals. Barristers are prosecuted by the Bar Standards Board . The four inns are located near one another in central London, near the western boundary of
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#17330846264491164-506: A programme presented by one of the Inn's pupillage teams. The U.S. does not require attorneys to be members of an Inn of Court, and many of the equivalent functions are performed by state bar associations . Some states require attorneys to belong to the official bar association, e.g., the State Bar of Michigan, while other states, such as Illinois, do not make membership of an official bar association
1261-462: A separate legal system. The King's Inns initially hoped partition would not end its all-island remit, and it set up a "Committee of Fifteen" Northern Ireland benchers in 1922. However, this committee sought more independence, and from 11 January 1926, the Inn of Court of Northern Ireland and the Bar Council of Northern Ireland were created. Practising members of the Bar of Northern Ireland are eligible to join
1358-560: A separate qualification) and who retain exclusivity over conveyancing and probate. After the 1971 and 1990 legal reforms, the avocat was fused with the avoué and the conseil juridique , making the avocat (or, if female, avocate ) an all-purpose lawyer for matters of contentious jurisdiction, analogous to an American attorney. French attorneys usually do not (although they are entitled to) act both as litigators (trial lawyers) and legal consultants (advising lawyers), known respectively as avocat plaidant and avocat-conseil . This distinction
1455-449: A single state bar council to practise in India. However, this does not restrict a barrister from appearing before any court in India. For all practical and legal purposes, the Bar Council of India retains with it, the final power to take decisions in any and all matters related to the legal profession on the whole or with respect to any There are two requirements to practise in India. First,
1552-569: A small class of senior barristers called serjeants-at-law , who were selected from the members of the other four inns and had exclusive rights of audience in certain Courts. Their pre-eminence was affected by the new rank of King's Counsel , which was granted to barristers who were not serjeants. The serjeant's privileges were withdrawn by the government in the 19th century, no more serjeants were appointed, and they eventually died out. The area now known as Serjeants' Inn, one of two sites formerly occupied by
1649-688: A subscription to be members. Until 1885, all intending Irish barristers were obliged to "keep terms" in one of the English Inns of Court before being called to the Bar of Ireland and being entitled to practise as barristers in Ireland . Following on from these close historical links to the English Bar, for much of the nineteenth century it appeared that a system of barristers' chambers would develop in Ireland. Initially,
1746-414: A very small number of attorneys give sophisticated and expert legal advice on a day-to-day basis to large corporations. The Netherlands used to have a semi-separated legal profession comprising the lawyer and the procureur , the latter resembling, to some extent, the profession of barrister. Under that system, lawyers were entitled to represent their clients in law, but were only able to file cases before
1843-620: Is a growing tendency for practitioners in the bigger practices to specialize in one or the other. In colloquial parlance within the Nigerian legal profession, lawyers may, therefore, be referred to as "litigators" or as "solicitors". Consistent with the practice in England and elsewhere in the Commonwealth, senior members of the profession may be selected for elevation to the Inner Bar by the conferment of
1940-399: Is a split between the roles of barrister and solicitor, the barrister in civil law jurisdictions is responsible for appearing in trials or pleading cases before the courts. Barristers usually have particular knowledge of case law, precedent, and the skills to build a case. When another legal professional is confronted with an unusual point of law, they may seek the opinion of a barrister on
2037-562: Is a type of lawyer in common law jurisdictions . Barristers mostly specialize in courtroom advocacy and litigation . Their tasks include arguing cases in courts and tribunals , drafting legal pleadings , researching the law and giving legal opinions. Barristers are distinguished from solicitors and other types of lawyers (e.g. chartered legal executives) who have more direct access to clients, and may do transactional legal work. In some legal systems, including those of South Africa , Scandinavia , Pakistan , India , Bangladesh , and
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#17330846264492134-477: Is generally recognised that the first examination is much more difficult than the CAPA and is dreaded by most law students. Each bar is regulated by a Bar Council ( Ordre du barreau ). A separate body of barristers exists called the avocats au Conseil d'Etat et à la Cour de Cassation . Although their legal background, training and status is the same as the all-purpose avocats, these have a monopoly over litigation taken to
2231-474: Is however purely informal and does not correspond to any difference in qualification or admission to the role. All intending attorneys must pass an examination to be able to enrol in one of the Centre régional de formation à la profession d'avocat (CRFPA) (Regional centre for the training of lawyers). The CRFPA course has a duration of two years and is a mix between classroom teachings and internships. Its culmination
2328-512: Is little overlap. In the Australian states of New South Wales , Victoria and Queensland , there is a split profession. Nevertheless, subject to conditions, barristers can accept direct access work from clients. Each state Bar Association regulates the profession and essentially has the functions of the English Inns of Court. In the states of South Australia and Western Australia , as well as
2425-692: Is no formal distinction between barristers and solicitors. All students who pass the bar examinations – offered exclusively by the Nigerian Law School – are called to the Nigerian bar, by the Body of Benchers. Lawyers may argue in any Federal trial or appellate court as well as any of the courts in Nigeria's 36 states and the Federal Capital Territory. The Legal Practitioner's Act refers to Nigerian lawyers as Legal Practitioners, and following their call to
2522-649: Is not usually done for interlocutory applications. Wigs and robes are still worn in the Supreme Court and the District Court in civil matters and are dependent on the judicial officer's attire. Robes and wigs are worn in all criminal cases. In Western Australia, wigs are no longer worn in any court. Each year, the Bar Association appoints certain barristers of seniority and eminence to the rank of "Senior Counsel" (in most States and Territories) or "King's Counsel" (in
2619-406: Is relatively common for the barrister to receive the brief from the instructing solicitor to represent a client at trial only a day or two before the proceeding. Part of the reason for this is cost. A barrister is entitled to a "brief fee" when a brief is delivered, and this represents the bulk of his or her fee in relation to any trial. They are then usually entitled to a " refresher " for each day of
2716-630: Is required to maintain certain standards of conduct and professional demeanour at all times. The Bar Council of India prescribes rules of conduct to be observed by the Barristers in the courts, while interacting with clients and in non-professional settings. In the Republic of Ireland , admission to the Bar by the Chief Justice of Ireland is restricted to those on whom a Barrister-at-Law degree (BL) has first been conferred. The Honorable Society of King's Inns
2813-409: Is similar to that of an Oxbridge college. The chambers were originally used as residences as well as business premises by many of the barristers, but today they serve as offices with only a small number of apartments. Another important inn, Serjeants' Inn , was dissolved in 1877 and its assets were, controversially, distributed amongst the existing members. The membership of the Inn had consisted of
2910-400: Is still a rarity in most jurisdictions, partly because barristers with narrow specialisations, or who are only really trained for advocacy, are not prepared to provide general advice to members of the public. Historically, barristers have had a major role in trial preparation, including drafting pleadings and reviewing evidence. In some areas of law, that is still the case. In other areas, it
3007-470: Is that attorneys cannot draw up public instruments that have the same force of law as notarial acts . Most large law firms in Quebec offer the full range of legal services of law firms in common-law provinces. Intending Quebec attorneys must earn a bachelor's degree in civil law, pass the provincial bar examination, and successfully complete a legal internship to be admitted to practice. Attorneys are regulated by
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3104-458: Is the stage final (final training), where the intending attorney spends six months in a law firm (generally in their favoured field of practice and in a firm in which they hope to be recruited afterwards). The intending attorney then needs to pass the Certificat d'Aptitude à la Profession d'Avocat (CAPA) , which is the last professional examination allowing them to join a court's bar ( barreau ). It
3201-643: Is the Bangladesh Legal Practitioners and Bar Council Order as administered and enforced by the Bangladesh Bar Council. The Bar Council is the supreme statutory body that regulates the legal professions in Bangladesh and ensures educational standards and regulatory compliance of advocates. Newly enrolled advocates are permitted to start practice in the district courts after admission. After two years of practice, advocates may apply to practice in
3298-495: Is the only educational establishment which runs vocational courses for barristers in the Republic and degrees of Barrister-at-Law can only be conferred by King's Inns. King's Inns are also the only body with the capacity to call individuals to the bar and to disbar them. Most Irish barristers choose to be governed thereafter by the Bar of Ireland , a quasi-private entity. Senior members of the profession may be selected for elevation to
3395-671: The Australian Capital Territory , the professions of barrister and solicitor are fused, but an independent bar nonetheless exists, regulated by the Legal Practice Board of the state or territory. In Tasmania and the Northern Territory , the profession is fused, although a very small number of practitioners operate as an independent bar. Generally, counsel dress in the traditional English manner (wig, gown, bar jacket and jabot ) before superior courts, although this
3492-524: The Bar Council of India . Under the act, the council is the supreme regulatory body for the legal profession in India, ensuring the compliance of the laws and maintenance of professional standards by the legal profession in the country. The council is authorised to pass regulations and make orders in individual cases. Each state has a bar council whose function is to enrol barristers practising predominantly within that state. Each barrister must be enrolled with
3589-522: The Bar Professional Training Course , but do provide supplementary education during the 'Bar School' year, pupillage and the early years of practice. All prospective Bar School students must be a member of one of the four Inns, and must attend ten (formerly twelve) 'qualifying sessions' before being eligible to qualify as a barrister. Qualifying sessions traditionally comprise formal dinners followed by law-related talks, but increasingly
3686-458: The Bar Standards Board to conduct litigation, allowing a barrister to practice in a dual capacity. In some common law jurisdictions, such as New Zealand and some Australian states and territories, lawyers are entitled to practice both as barristers and solicitors, but it remains a separate system of qualification to practice exclusively as a barrister. In others, such as the United States ,
3783-399: The Bar of Ireland without taking any further exams. Practising members of the Bar of Ireland have a reciprocal eligibility. The profession of barrister has been in existence in Ireland since the arrival of the common law system in the 12th century, and co-existed with the profession of aigne until the abolition of the native Brehon law system in approximately the 17th century. In 1541,
3880-558: The Benchers of the Inn of Court of Northern Ireland, which was established at a meeting of the Bench and Bar held on 11 January 1926. Before the partition of Ireland , barristers throughout the island of Ireland were trained at the King's Inns and were members of the Bar of Ireland. The Government of Ireland Act 1920 split Ireland into two legal jurisdictions, and after 1922, Northern Ireland became
3977-522: The City of London . Nearby are the Royal Courts of Justice , which were moved for convenience from Westminster Hall to the legal quarter of London in 1882. Middle Temple and Inner Temple are liberties of the City of London, which means they are within the historic boundaries of the City but are not subject to its jurisdiction. They operate as their own local authorities. These two Inns neighbour each other and occupy
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4074-536: The Court of First Instance and the Court of Appeal ) and the Hong Kong Court of Final Appeal , as a general rule, only barristers and solicitor-advocates are allowed to speak on behalf of any party in open court. This means that solicitors are restricted from doing so. In these two courts, save for hearings in chambers, barristers dress in the traditional English manner, as do the judges and other lawyers. In Hong Kong,
4171-464: The Inn of Court to which they belong. In some countries, there is external regulation. Inns of Court, where they exist, regulate admission to the profession. Inns of Court are independent societies that are responsible for the training, admission, and discipline of barristers. Where they exist, a person may only be called to the bar by an Inn, of which they must be a member. Historically, call to and success at
4268-462: The Republic of Ireland . Senior counsel and king's counsel are effectively the same, in that they are honours given to certain barristers who are called to the Inner Bar in recognition of their experience and expertise. The distinction is that some jurisdictions (the UK and some Commonwealth countries) use the king's counsel title, whereas others use the senior counsel title. Barristers who are called to
4365-511: The United Kingdom this is no longer true. Solicitor-advocates and qualified chartered legal executives can generally appear on behalf of clients at trial. Increasingly, law firms are keeping even the most advanced advisory and litigation work in-house for economic and client relationship reasons. Similarly, the prohibition on barristers taking instructions directly from the public has also been widely abolished. But, in practice, direct instruction
4462-565: The benchers of the King's Inns (which trained barristers in Ireland) made plans to build chambers for Irish barristers, in the vicinity of Dublin's Henrietta Street. From about 1793, the benchers went so far as to decide to have chambers built, funded both by the King's Inns and by barristers who would lease building land from the benchers for their own chambers. Deposits were levied annually from new barristers and solicitors , and rules were even agreed by
4559-535: The legal terms . Prior to the outbreak of the English Civil War in 1642, this training lasted at least seven years; subsequently, the Inns focused their residency requirements on dining together in the company of experienced barristers, to enable learning through contact and networking with experts. In the mid-18th century the common law was first recognised as a subject for study in the universities, and by 1872 bar examinations became compulsory for entry into
4656-458: The procureur as a separate profession was abolished and its functions merged with the legal profession in 2008. Currently, lawyers can file cases before any court, regardless of where they are registered. The only notable exception concerns civil cases brought before the Supreme Court , which have to be handled by lawyers registered at the Supreme Court, thus gaining from it the title "lawyer at
4753-425: The 14th century and during the course of the 19th and 20th in particular, French barristers competed in territorial battles over respective areas of legal practice against the conseil juridique (legal advisor, transactional solicitor) and avoué (procedural solicitor), and expanded to become the generalist legal practitioner, with the notable exception of notaires (notaries), who are ministry appointed lawyers (with
4850-689: The 18th century. The Benchers of the Honorable Society of King’s Inns was the profession's de facto governing body. Originally, the Benchers consisted of the Lord Chancellor, the judges of the superior courts, some senior officers of the superior courts and all the senior members of the Bar, including the Attorney-General, the Solicitor General and the three Serjeants. The Benchers had
4947-433: The Bar , Nigerian lawyers enter their names in the register or Roll of Legal Practitioners kept at the Supreme Court. For this reason, a Nigerian lawyer is often referred to as a Barrister and Solicitor of the Supreme Court of Nigeria, and many Nigerian lawyers term themselves Barrister-at-Law with the postnominal initials "B.L". The vast majority of Nigerian lawyers combine contentious and non-contentious work, although there
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#17330846264495044-474: The Bar of Ireland was established following a meeting of the Irish Bar in 1897. From 11 January 1926, the Inn of Court of Northern Ireland and the Bar Council of Northern Ireland were created. The present constitution was adopted on 5 October 1983, and also governs the Bar of Northern Ireland and the Bar Council. For many years the Inn of Court of Northern Ireland was a rather theoretical body, lacking as it did
5141-463: The Bar of Ireland's Law Library. To practise under the Bar of Ireland's rules, a newly qualified barrister is apprenticed to an experienced barrister of at least seven years' experience. This apprenticeship is known as pupillage or devilling . Devilling is compulsory for those barristers who wish to be members of the Law Library and lasts for one legal year. It is common to devil for a second year in
5238-547: The British Crown dependencies of Jersey , Guernsey and the Isle of Man , the word barrister is also regarded as an honorific title. In a few jurisdictions, barristers are usually forbidden from "conducting" litigation, and can only act on the instructions of another lawyer, who perform tasks such as corresponding with parties and the court, and drafting court documents. In England and Wales, barristers may seek authorization from
5335-535: The Canadian legal profession, lawyers often term themselves as "litigators" (or "barristers"), or as "solicitors", depending on the nature of their law practice though some may in effect practise as both litigators and solicitors. However, "litigators" would generally perform all litigation functions traditionally performed by barristers and solicitors; in contrast, those terming themselves "solicitors" would generally limit themselves to legal work not involving practice before
5432-489: The English Inns, there is no formal or legal relationship. A Declaration of Friendship was signed by the English and American Inns of Court, establishing visitation procedures under which American Inn members can acquire a letter of introduction that will officially introduce them to the Inns in England and Ireland, with reciprocal procedures available for English and Irish barristers. An annual six-week exchange program, known as
5529-585: The High Court Division of the Supreme Court of Bangladesh by passing the Bar Council Examination. Only advocates who are barristers in the United Kingdom may use the title of barrister. In Canada (except Quebec ), the professions of barrister and solicitor are fused, and many lawyers refer to themselves with both names, even if they do not practise in both areas. In colloquial parlance within
5626-615: The Honorable Society of King’s Inns was established on what is now the site of the Four Courts. This meant that Irish barristers could now train within Ireland, albeit with an obligation to keep terms in one of the Inns of Court in London. This requirement was costly to Irish barristers and was a contentious issue until it was abolished by the Barristers’ Admission (Ireland) Act, 1885. The regulation of barristers in Ireland increased during
5723-536: The Inn the means of providing the Northern Irish Bar with the reality of association it had hitherto been lacking. Unlike some other jurisdictions, there is no system of barristers' chambers in either jurisdiction in Ireland . Rather, most barristers in Northern Ireland practice from the common Bar Library and most in the Republic of Ireland practice from the common Law Library; in each case, barristers pay
5820-523: The Inner Bar in Northern Ireland are called king's counsel. This has been controversial for some Northern Irish barristers who object to swearing an oath of allegiance to, or declaring that they will serve, the British monarch. Eventually, a workaround was found by Philip Magee, a barrister who practiced in both the Republic of Ireland and Northern Ireland. He was called to the Inner Bar in the Republic of Ireland as senior counsel, having received confirmation from
5917-558: The Inner Bar, when they may describe themselves as Senior Counsel ("SC"). All barristers who have not been called to the Inner Bar are known as Junior Counsel (and are identified by the postnominal initials "BL"), regardless of age or experience. Admission to the Inner Bar is made by declaration before the Supreme Court , patents of precedence having been granted by the Government . Irish barristers are sole practitioners and may not form chambers or partnerships if they wish to remain members of
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#17330846264496014-536: The Inner Temple); Strand Inn and New Inn (attached to the Middle Temple); Furnival's Inn and Thavie's Inn (attached to Lincoln's Inn); and Staple Inn and Barnard's Inn (attached to Gray's Inn). There is also an Inn of Court of Northern Ireland . In the Republic of Ireland , there is only one Inn of Court, the Honorable Society of King's Inns . From the late 1970s, U.S. Chief Justice Warren Burger led
6111-580: The Inns of Court have rallied to the defence of the realm during times of crisis. That tradition continues to the present, in that 10 Stone Buildings in Lincoln's Inn has been the permanent home of the Inns of Court & City Yeomanry since the building was freed up by the abolition of the Clerks of Chancery in 1842. Each of the four Inns of Court has three ordinary grades of membership: students, barristers, and masters of
6208-434: The Inns of Court include Gorboduc , Gismund of Salerne (1561), and The Misfortunes of Arthur (1588). An example of a famous masque put on by the Inns was James Shirley ’s The Triumph of Peace (1634). Shakespeare ’s The Comedy of Errors ( c. 1594 ) and Twelfth Night ( c. 1602 ) were also performed at the Inns, although written for commercial theatre. Since at least 1584, members of
6305-502: The Inns which they joined as students and belonged to as barristers. This has had the effect of making the majority of the Masters of the Bench senior judges, either because they become benchers when appointed as judges, or because they become judges after being appointed as benchers. There were also several Inns of Chancery . These are not Inns of Court but are associated to them: Clement's Inn , Clifford's Inn and Lyon's Inn (attached to
6402-526: The Lord Chief Justice of Northern Ireland that he would thereafter enjoy the same rights and privileges as a king's counsel in Northern Ireland. However, this option is only available to Northern Irish barristers who have also been called to the Bar of Ireland, have the requisite experience and meet the criteria for being called to the Inner Bar in the Republic of Ireland. Barrister Ireland: Barrister-at-Law degree with pupillage A barrister
6499-532: The Northern Territory, Queensland, Victoria and South Australia). Such barristers carry the title "SC" or "KC" after their name. The appointments are made after a process of consultation with members of the profession and the judiciary. Senior Counsel appear in particularly complex or difficult cases. They make up about 14 per cent of the bar in New South Wales. In Bangladesh, the law relating to barristers
6596-489: The Quebec Law Society ( Barreau du Québec ). In France, avocats , or attorneys, were, until the 20th century, the equivalent of barristers. The profession included several grades ranked by seniority: avocat-stagiaire (trainee, who was already qualified but needed to complete two years (or more, depending on the period) of training alongside seasoned lawyers), avocat , and avocat honoraire (emeritus barrister). Since
6693-399: The Serjeants (the other being in Chancery Lane), was purchased by the Inner Temple in 2002. It was formerly the custom for senior judges to join Serjeants' Inn, thereby leaving the Inn in which they had practised as barristers. This meant that the Masters of the Bench of the four barristers' Inns of Court were mostly themselves barristers. Since there is now no Serjeants' Inn, judges remain in
6790-443: The Supreme Court". In New Zealand, the professions are not formally fused but practitioners are enrolled in the High Court as "Barristers and Solicitors". They may choose, however, to practice as barristers sole. About 15% practice solely as barristers, mainly in the larger cities and usually in "chambers" (following the British terminology). They receive "instructions" from other practitioners, at least nominally. They usually conduct
6887-415: The applicant must be a holder of a law degree from a recognised institution in India (or from one of the four recognised universities in the United Kingdom). Second, they must pass the enrolment qualifications of the bar council of the state they seek to be enrolled in. Through regulation, the Bar Council of India also ensures the standard of education required for practising in India is met with. A barrister
6984-411: The bar, to a large degree, depended upon social connections made early in life. A bar collectively describes all members of the profession of barrister within a given jurisdiction. While as a minimum the bar is an association embracing all its members, it is usually the case, either de facto or de jure , that the bar is invested with regulatory powers over the manner in which barristers practice. In
7081-399: The bench or " benchers ". The benchers constitute the governing body for each Inn and appoint new members from among existing barrister members. As a rule, any barrister member of the inn is eligible for appointment. In practice, appointments are made of senior members of the Bar, usually KCs , or High Court judges or those who carry out work on behalf of the Inn, be it on committees or through
7178-499: The benchers for the regulation of tenancies by Irish barristers in chambers. However, despite this levying of the profession, following practical objections raised by the architect James Gandon concerning the difficulty of building the main King's Inns building at the same time as private chambers, the barristers' chambers were never built. To this day, no system of barristers' chambers has ever been developed in Northern Ireland or
7275-565: The centuries, the four Inns of Court became where barristers were trained, while the more numerous Inns of Chancery – which were initially affiliated to the Inns of Court – became associated with the training of solicitors in the Elizabethan era . The four Inns of Court are: Lawyers have lived and worked in the Temple since 1320. In 1337 the premises were divided into the Inner Temple, where
7372-450: The common law tradition, the respective roles of a lawyer, as legal adviser and advocate, were formally split into two separate, regulated sub-professions. Historically, the distinction was absolute, but in the modern age, some countries that had a split legal profession now have a fused profession . In practice, the distinction in split jurisdictions may be minor, or marked. In some jurisdictions, such as Australia, Scotland and Ireland, there
7469-646: The core of the Temple area. The closest Tube station is Temple . Gray's Inn and Lincoln's Inn are in the London Borough of Camden (formerly in the Borough of Holborn ) near the boundary with the City of London. They do not have the status of a local authority. The nearest Tube station is Chancery Lane . Each Inn is a substantial complex with a great hall , chapel, libraries, sets of chambers for many hundreds of barristers, and gardens, and covers several acres. The layout
7566-454: The court at which they were registered. Cases falling under the jurisdiction of another court had to be filed by a procureur registered at that court, in practice often another lawyer exercising both functions. Questions were raised on the necessity of the separation, given the fact that its main purpose – the preservation of the quality of the legal profession and observance of local court rules and customs – had become obsolete. For that reason,
7663-477: The courts (not even in a preparatory manner as performed by solicitors in England), though some might practise before chambers judges. As is the practice in many other Commonwealth jurisdictions such as Australia, Canadian litigators are gowned, but without a wig, when appearing before courts of superior jurisdiction. All law graduates from Canadian law schools, and certified internationally qualified lawyers, can apply to
7760-683: The distinction between barristers and other types of lawyers does not exist at all. A barrister is a lawyer who represents a litigant as an advocate before a court. A barrister speaks in court and presents the case before a judge, with or without a jury. In some jurisdictions, a barrister receives additional training in evidence law, ethics, and court practice and procedure. In contrast, other legal professionals (such as solicitors) generally meet with clients, perform preparatory and administrative work, and provide legal advice. Barristers often have little or no direct contact with their clients. All correspondence, inquiries, invoices, and so on, will be addressed to
7857-453: The inns offer training weekends that may count for several sessions' worth of attendance. The Inns still retain the sole right to call qualified students to the bar, which is associated with a graduation ceremony ('Call Day'). Prospective students may choose which Inn to apply to for membership, but can only apply to one Inn for scholarships. It makes no long-term difference which Inn a barrister joins; an applicant might, for example, choose
7954-818: The issue. In most countries, barristers operate as sole practitioners and are prohibited from forming partnerships or from working as a barrister as part of a corporation. In 2009, the Clemens Report recommended the abolition of this restriction in England and Wales. However, barristers normally band together into barristers' chambers to share clerks (administrators) and operating expenses. Some chambers grow to be large and sophisticated. In some jurisdictions, barristers may be employed by firms and companies as in-house legal advisers . In court, barristers may be visibly distinguished from solicitors, chartered legal executives, and other legal practitioners by their apparel. For example, in criminal courts in Ireland, England, and Wales,
8051-554: The lawyers resided, and Middle Temple, which was also occupied by lawyers by 1346. Lincoln's Inn, the largest, is able to trace its official records to 1422. The records of Gray's Inn begin in 1569, but teaching is thought to have begun there in the late-fourteenth century. In 1620 a meeting of senior judges decided that all four Inns would be equal in order of precedence . In the 16th century and earlier, students or apprentices learned their craft primarily by attending court sessions and by sharing both accommodation and education during
8148-572: The legal adviser, who is also primarily responsible for the barrister's fees. In England and Wales, solicitors and chartered legal executives can support barristers when in court, such as managing through the managing of large volumes of documents in the case or negotiating a settlement outside the courtroom. A barrister will usually have rights of audience in the higher courts, whereas other legal professionals will often have more limited access, or will need to acquire additional qualifications to have such access. As in common law countries in which there
8245-554: The physical premises for social and professional interaction provided by the comparable Inns of Court in London or the King's Inns in Dublin . The redevelopment of the Bar Library, officially opened by Her Excellency Professor Mary McAleese, The President of Ireland , on 29 April 2005, to provide not only enhanced library facilities but also suitable rooms for Continuing Professional Development , meetings, dining and receptions, has afforded
8342-574: The power to censure or disbar barristers. At a meeting of the Irish Bar in February 1816, the Law Library Society was established for the purposes of providing a subscription-based lending library of legal texts to practising barristers. This led to the development of the Law Library as a distinctive feature of the Irish Bar whereby members of the Bar practised not from chambers but from a common library to which they subscribed. The General Council of
8439-457: The proceedings in their entirety. Any lawyer may apply to become a King's Counsel (KC) to recognize the long-standing contribution to the legal profession but this status is only conferred on those practicing as solicitors in exceptional circumstances. This step referred to as "being called to the inner bar" or "taking silk", is considered highly prestigious and has been a step in the career of many New Zealand judges. Unlike other jurisdictions,
8536-642: The profession of law. The Inns played an important role in the history of the English Renaissance theatre . Notable literary figures and playwrights who resided in the Inns of Court included John Donne (1572-1631), Francis Beaumont (1584-1616), John Marston (1576-1634), Thomas Lodge ( c. 1558 -1625), Thomas Campion (1567-1620), Abraham Fraunce ( c. 1559- c. 1593), Sir Philip Sidney (1554-1586), Sir Thomas More (1478-1535), Sir Francis Bacon (1561-1626), and George Gascoigne ( c. 1535 -1577). Plays written and performed in
8633-537: The rank of Senior Advocate of Nigeria (SAN). Inns of Court The Inns of Court in London are the professional associations for barristers in England and Wales . There are four Inns of Court: Gray's Inn , Lincoln's Inn , Inner Temple and Middle Temple . All barristers must belong to one of them. They have supervisory and disciplinary functions over their members. The Inns also provide libraries, dining facilities and professional accommodation. Each also has
8730-478: The rank of King's Counsel was granted prior to the handover of Hong Kong from the United Kingdom to China in 1997. After the handover, the rank has been replaced by Senior Counsel post-nominal letters : SC. Senior Counsel may still, however, style themselves as silks, like their British counterparts. In India , the law relating to barristers is the Advocates Act, 1961, which is administered and enforced by
8827-459: The relevant provincial law society for admission. A year of articling as a student supervised by a qualified lawyer and the passing of provincial bar exams are also required for an individual to be called to bar as a barrister and solicitor. The situation is somewhat different in Quebec as a result of its civil law tradition. The profession of solicitor, or avoué , never took hold in colonial Quebec, so attorneys ( avocats ) have traditionally been
8924-476: The supreme courts, in civil, criminal or administrative matters. In Germany, no distinction between barristers and solicitors is made. Lawyers may plead at all courts except the civil branch of the Federal Court of Justice ( Bundesgerichtshof ), to which fewer than fifty lawyers are admitted. Those lawyers, who deal almost exclusively with litigation, may not plead at other courts and are usually instructed by
9021-401: The teaching of the civil law within the City of London. The common-law lawyers worked in guilds of law, modelled on trade guilds , which in time became the Inns of Court. In the earliest centuries of their existence, beginning with the 14th century, the Inns were any of a sizeable number of buildings or precincts where lawyers traditionally lodged, trained and carried on their profession. Over
9118-470: The term "junior barrister" is popularly used to refer to a lawyer who holds a practicing certificate as a barrister, but is employed by another, more senior barrister. Generally, junior barristers are within their first five years of practice and are not yet qualified to practice as barristers sole. Barristers sole (i.e. barristers who are not employed by another barrister) who are not King's Counsel are never referred to as junior barristers. In Nigeria , there
9215-472: The training of students and other junior members. The senior bencher of each Inn is the Treasurer, a position which is held for one year only. Each Inn usually also has at least one royal bencher. They may also appoint honorary benchers, from academics, the world of politics and overseas judiciary. The Inns of Court no longer provide all the education and training needed by prospective barristers, who must pass
9312-437: The trial after the first, but if a case is settled before trial, the barrister is not needed and the brief fee would be wasted. Some solicitors avoid this by delaying delivery of the brief until it is certain the case will go to trial. Some benefits of maintaining the split include: Some disadvantages of the split include: Barristers are regulated by the Bar for the jurisdiction where they practice, and in some countries, by
9409-634: Was taught in the City of London , primarily by the clergy. But a papal bull in 1218 prohibited the clergy from practising in the secular courts (where the English common law system operated, as opposed to the Roman civil law functioning in the Church 's ecclesiastical courts ). As a result, law began to be practised and taught by laymen instead of by clerics. To protect their schools from competition, first Henry II ( r. 1154–1189 ) and later Henry III ( r. 1216–1272 ) issued proclamations prohibiting
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