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A barrister is a type of
lawyer A lawyer or attorney is a person who practices law, as an advocate, attorney at law, barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigat ...

lawyer
in
common law In law, common law (also known as judicial precedent or judge-made law, or ) is the body of law created by judges and similar quasi-judicial by virtue of being stated in written opinions. ' is the most-used legal dictionary used among legal profe ...
jurisdictions Jurisdiction (from Latin ''Wikt:ius#Latin, juris'' 'law' + ''Wikt:dictio, dictio'' 'declaration') is the legal term for the authority granted to a legal entity to enact justice. Colloquially it is used to refer to the geographical area (: locatio ...
. Barristers mostly specialise in courtroom
advocacy Advocacy is an activity Activity may refer to: * Action (philosophy), in general * Human activity: human behavior, in sociology behavior may refer to all basic human actions, economics may study human economic activities and along with cybern ...

advocacy
and
litigation A lawsuit is a proceeding by a party or parties against another in the civil Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit *Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil ...
. Their tasks include taking cases in superior
court A court is any person or institution, often as a government A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, govern ...

court
s and
tribunal A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a singl ...

tribunal
s, drafting legal
pleading In law as practiced in countries that follow the English models, a pleading is a formal written statement of a party's claims or defenses to another party's claims in a civil action. The parties' pleadings in a case define the issues to be adjudi ...
s, researching the philosophy, hypothesis and history of law, and giving expert legal opinions. Barristers are distinguished from
solicitor A solicitor is a legal practitioner A lawyer or attorney is a person who practices law, as an advocate An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. T ...
s, who have more direct access to clients, and may do transactional-type legal work. It is mainly barristers who are appointed as judges, and they are rarely hired by clients directly. In some legal systems, including those of
Scotland Scotland ( sco, Scotland, gd, Alba ) is a country that is part of the United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain,Usage is mixed. The Guardian' and Tele ...
,
South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. With over 60 million people, it is the world's 23rd-most populous nation and covers an area of . South Africa has three capital cities ...
,
Scandinavia Scandinavia; : ''Skadesi-suolu''/''Skađsuâl''. ( ) is a in , with strong historical, cultural, and linguistic ties. In English usage, ''Scandinavia'' can refer to , , and , sometimes more narrowly to the , or more broadly to include , th ...
,
Pakistan Pakistan, . Pronounced variably in English as , , , and . officially the Islamic Republic of Pakistan, is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a popul ...
,
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...
,
Bangladesh Bangladesh (, bn, বাংলাদেশ, ), officially the People's Republic of Bangladesh, is a country in South Asia South Asia is the southern region of Asia, which is defined in both geography, geographical and culture, ethno-c ...
, and the British Crown dependencies of
Jersey Jersey ( , ; nrf, label=Jèrriais, Jèrri ), officially the Bailiwick of Jersey (french: Bailliage de Jersey, links=no; Jèrriais: ''Bailliage dé Jèrri''), is an island and self-governing Crown dependencies, Crown Dependency near the coas ...
,
Guernsey Guernsey (; Guernésiais Guernésiais, also known as ''Dgèrnésiais'', Guernsey French, and Guernsey Norman French, is the variety of the Norman language Norman or Norman French (', french: Normand, Guernésiais: ''Normand'', Jèrriais: ...

Guernsey
and the
Isle of Man ) , anthem = " O Land of Our Birth" , image = Isle of Man by Sentinel-2.jpg , image_map = Europe-Isle_of_Man.svg , mapsize = 290px , map_alt = Location of the Isle of Man in Europe , map_caption = Location of the Isle of Man (green) in E ...
, the word ''barrister'' is also regarded as an
honorific An honorific is a title that conveys esteem, courtesy, or respect for position or rank when used in addressing or referring to a person. Sometimes, the term "honorific" is used in a more specific sense to refer to an honorary academic title. It i ...
title. In a few jurisdictions, barristers are usually forbidden from "conducting" litigation, and can only act on the instructions of a solicitor, who performs tasks such as corresponding with parties and the court, and
drafting Drafting or draughting may refer to: * Campdrafting, an Australian equestrian sport * Drafting (aerodynamics), slipstreaming * Drafting (writing), writing something that is likely to be amended * Technical drawing, the act and discipline of compos ...
court documents. In England and Wales, barristers may seek authorisation from the
Bar Standards Board The Bar Standards Board regulates barristers in England and Wales for the public interest. It is responsible for: * Setting standards of conduct for barristers and authorising barristers to practise; * Monitoring the service provided by barrist ...
to conduct litigation. This allows a barrister to practise in a "dual capacity", fulfilling the role of both barrister and solicitor. In some countries with common law legal systems, such as
New Zealand New Zealand ( mi, Aotearoa ''Aotearoa'' (; commonly pronounced by English English usually refers to: * English language English is a West Germanic languages, West Germanic language first spoken in History of Anglo-Saxon Engl ...

New Zealand
and some regions of
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...

Australia
,
lawyer A lawyer or attorney is a person who practices law, as an advocate, attorney at law, barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigat ...

lawyer
s are entitled to practise both as barristers and solicitors, but it remains a separate system of qualification to practise exclusively as a barrister. Barristers can argue a case in both higher and lower courts.


Differences between barristers and other lawyers


Differences

A barrister, who can be considered a
jurist A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholarnot necessarily with a formal qualification in law or a lawyer, legal practitioner, although in the U ...
, is a lawyer who represents a litigant as advocate before a court of appropriate jurisdiction. A barrister speaks in court and presents the case before a judge or jury. In some jurisdictions, a barrister receives additional training in evidence law, ethics, and court practice and procedure. In contrast, a solicitor generally meets with clients, does preparatory and administrative work and provides legal advice. In this role, he or she may draft and review legal documents, interact with the client as necessary, prepare evidence, and generally manage the day-to-day administration of a lawsuit. A solicitor can provide a crucial support role to a barrister when in court, such as managing large volumes of documents in the case or even negotiating a settlement outside the courtroom while the trial continues inside. There are other essential differences. A barrister will usually have
rights of audienceIn common law, a right of audience is generally a right of a lawyer A lawyer or attorney is a person who practices law, as an advocate, attorney at lawAttorney at law or attorney-at-law, usually abbreviated in everyday speech to attorney, is ...
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 is a split between the roles of barrister and solicitor, the barrister in
civil law Civil law may refer to: * Civil law (common law) Civil law is a major branch of the law.Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the law of the United ...
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 a solicitor in general practice is confronted with an unusual point of law, they may seek the "opinion of counsel" on 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 Clementi Report recommended the abolition of this restriction in England and Wales.) However, barristers normally band together into "
chambers Chambers may refer to: Places Canada: *Chambers Township, Ontario United States: *Chambers County, Alabama *Chambers, Arizona, an unincorporated community in Apache County *Chambers, Nebraska *Chambers, West Virginia *Chambers Township, Holt Coun ...
" to share
clerk A clerk ( or ) is a white-collar worker A white-collar worker is a person who performs professional, desk, managerial, or administrative work. White-collar work may be performed in an office or other administrative setting. White-collar workers ...

clerk
s (administrators) and
operating expense An operating expense, operating expenditure, operational expense, operational expenditure or opex is an ongoing cost for running a product, business, or system . Its counterpart, a capital expenditure Capital expenditure or capital expense (cap ...
s. Some chambers grow to be large and sophisticated and have a distinctly corporate feel. In some jurisdictions, they may be employed by firms of solicitors, banks, or corporations as in-house legal advisers. In contrast, solicitors and attorneys work directly with the clients and are responsible for engaging a barrister with the appropriate expertise for the case. Barristers generally have little or no direct contact with their "lay clients", particularly without the presence or involvement of the solicitor. All correspondence, inquiries,
invoice :''See also Voucher: an invoice is within the European union primarily legally defined by the EU VAT directive as an accounting voucher (to verify tax and VAT reporting) and secondly as a Civil law (common law) document. An invoice, bill or tab is ...

invoice
s, and so on, will be addressed to the solicitor, who is primarily responsible for the barrister's fees. In court, barristers are often visibly distinguished from solicitors by their apparel. For example, in Ireland, England, and Wales, a barrister usually wears a horsehair wig, stiff collar,
bands Band or BAND may refer to: Places *Bánd, a village in Hungary *Band, Iran, a village in Urmia County, West Azerbaijan Province, Iran *Band, Mureș, a commune in Romania *Band-e Majid Khan, a village in Bukan County, West Azerbaijan Province, Ira ...
, 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 solicitors are breaking down. Barristers once enjoyed a monopoly on appearances before the higher courts, but in
Great Britain Great Britain is an island An island (or isle) is an isolated piece of habitat that is surrounded by a dramatically different habitat, such as water. Very small islands such as emergent land features on atoll An atoll (), ...

Great Britain
this has now been abolished, and solicitor advocates can generally appear for clients at trial. Increasingly, firms of solicitors 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 is still a rarity in most jurisdictions, partly because barristers with narrow specializations, 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
pleading In law as practiced in countries that follow the English models, a pleading is a formal written statement of a party's claims or defenses to another party's claims in a civil action. The parties' pleadings in a case define the issues to be adjudi ...
s and reviewing evidence. In some areas of law, that is still the case. In other areas, it 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 her/his fee in relation to any trial. They are then usually entitled to a "
refresher
refresher
" for each day of the trial after the first, but if a case is settled before the 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.


Justification for a split profession

Some benefits of maintaining the split include: * Having an independent barrister reviewing a course of action gives the client a fresh and independent opinion from an expert in the field distinct from solicitors who may maintain ongoing and long-term relationships with the client. * In many jurisdictions, judges are appointed from the bar. Since barristers do not have long-term client relationships and are further removed from clients than solicitors, judicial appointees are more independent. * Having recourse to all of the specialist barristers at the bar can enable smaller firms, who could not maintain large specialist departments, to compete with larger firms. * A barrister acts as a check on the solicitor conducting the trial; if it becomes apparent that the claim or defense has not been properly conducted by the solicitor prior to trial, the barrister can (and usually has a duty to) advise the client of a separate possible claim against the solicitor. * Expertise in conducting trials, owing to the fact that barristers are specialist advocates. * In many jurisdictions, barristers must follow the
cab-rank ruleIn English law (and other countries which adopt the rule), the cab-rank rule is the obligation of a barrister to accept any work in a field in which they profess themselves competent to practise, at a court at which they normally appear, and at their ...
, which obliges them to accept a brief if it is in their area of expertise and if they are available, facilitating access to justice for the unpopular. Some disadvantages of the split include: * A multiplicity of legal advisers can lead to less efficiency and higher costs, a concern to Sir
David Clement David (traditional spelling), , ''Dāwūd''; grc-koi, Δαυίδ, Dauíd; la, Davidus, David; gez , ዳዊት, ''Dawit''; xcl, Դաւիթ, ''Dawitʿ''; cu, Давíдъ, ''Davidŭ''; possibly meaning "beloved one". is described in the Hebr ...
in his review of the English legal profession. * Because they are further removed from the client, barristers can be less familiar with the client's needs. A detailed examination of the justifications for a split legal profession and of the arguments in favor of a fused profession can be found in English solicitor Peter Reeve's 1986 book, ''Are Two Legal Professions Necessary?''


Regulation

Barristers are regulated by the
Bar Bar or BAR may refer to: Food *Bar (establishment) A bar is a long raised narrow table or bench designed for dispensing beer or other alcoholic beverage, alcoholic drinks. They were originally chest high, and a bar, often brass, ran the len ...
for the jurisdiction where they practise, and in some countries, by the
Inn of Court Image:London-Inns-of-Court.JPG, 300px, Combined arms of the four Inns of Court. Clockwise from top left: Lincoln's Inn, Middle Temple, Gray's Inn, Inner Temple. The Inns of Court in London are the professional associations for barristers in Englan ...
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 titularly responsible for the training, admission (calling), and discipline of barristers. Where they exist, a person may only be called to the Bar by an Inn, of which they must first be a member. In fact, historically, call to and success at 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 practise.


Barristers around the world

In the common law tradition, the respective roles of a lawyer – that is as legal adviser and advocate – were formally split into two separate, regulated sub-professions, the other being the office of solicitor. Historically, the distinction was absolute, but in the modern legal age, some countries that had a split legal profession now have a
fused profession Fused profession is a term relating to jurisdictions where the legal professionLegal profession is a profession, and legal professionals study, develop and apply law. Usually, there is a requirement for someone choosing a career in law to first obta ...
– anyone entitled to practise as a barrister may also practise as a solicitor, and vice versa. In practice, the distinction may be non-existent, minor, or marked, depending on the jurisdiction. In some jurisdictions, such as Australia, Scotland and Ireland, there is little overlap.


Australia

In the Australian states of
New South Wales New South Wales (abbreviated as NSW) is a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * The State (newspaper), ''The State'' (newspape ...
,
Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelles ...
and
Queensland Queensland ( ) is a state situated in northeastern Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the ...

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 South Australia (abbreviated as SA) is a States and territories of Australia, state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of , it is the fourth-largest of Austral ...

South Australia
and
Western Australia Western Australia (abbreviated as WA) is a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * The State (newspaper), ''The State'' (newspape ...

Western Australia
, as well as the
Australian Capital Territory The Australian Capital Territory (ACT), known as the Federal Capital Territory (FCT) until 1938, is a federal territory A federal territory is an area under the direct and usually exclusive jurisdiction of a federation's central or national ...
, 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 Tasmania (), abbreviated as TAS, is an island An island (or isle) is an isolated piece of habitat that is surrounded by a dramatically different habitat, such as water. Very small islands such as emergent land features on atol ...
and the
Northern Territory The Northern Territory (NT; formally the Northern Territory of Australia) is an Australian territory in the central and central northern regions of Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, ...
, 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 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 "Queen's Counsel" (in the Northern Territory, Queensland, and Victoria). Such barristers carry the title "SC" or "QC" 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.


Bangladesh

In Bangladesh, the law relating to the Barristers is the Bangladesh Legal Practitioners and Bar Council Order, 1972 (President Order No. 46) as amended which is administered and enforced by the Bangladesh Bar Council. Bangladesh Bar Council is the supreme statutory body to regulate the legal professions in Bangladesh and ensure educational standard and regulatory compliance by the Advocates on roll of the Bar Council. The Bar Council, with the help of government, prescribes rules to regulate the profession. All law graduates educating from home or abroad have to write and pass the Bar Council Examination to be enrolled and admitted as professional Advocates to practise law both as Barristers & Solicitors. The newly enrolled advocates are permitted to start practice in the lower (District) courts after admitting as members of the local (District) Bar Associations. After two years of Practice in lower court, the Advocates are eligible to be enrolled in the High Court Division of the Supreme Court of Bangladesh. By passing the Bar Council Examination, the advocates are issued with certificates of enrollment and permission in prescribed form to practise in the High Court Division of the Supreme Court also. Only those advocates who became Barristers in U.K. maintain their honorific title of barristers. In Bangladesh there is an association called Barristers' Association of Bangladesh that represents the such U.K. bases barristers.
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Canada

In Canada (except
Quebec ) , image_shield=Armoiries du Québec.svg , image_flag=Flag of Quebec.svg , coordinates= , AdmittanceDate=July 1, 1867 , AdmittanceOrder=1st, with New Brunswick ("Hope restored") , image_map = New Brunswick in Canada 2.svg , ...

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 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 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 holders of NCA certificates of Qualification (Internationally trained lawyers or graduates from other law schools in common-law jurisdictions outside Canada) from the Federation of Law Societies of Canada after can apply to the relevant Provincial regulating body (law society) for admission (note here that the Canadian Provinces are technically each considered different legal jurisdictions). Prerequisites to admission as a member to a law society involve the completion of a Canadian law degree (or completion of exams to recognize a foreign common law degree), a year of articling as a student supervised by a qualified lawyer, and passing the bar exams mandated by the province the student has applied for a licence in. Once these requirements are complete then the articling student may be "called to the bar" after the review if their application and consideration of any "good character" issues at which they are presented to the Court in a call ceremony. The applicant then becomes a member of the law society as a "barrister and solicitor". The situation is somewhat different in Quebec as a result of its
civil law Civil law may refer to: * Civil law (common law) Civil law is a major branch of the law.Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the law of the United ...
tradition. The profession of solicitor, or ''avoué'', never took hold in colonial Quebec, so attorneys (''avocats'') have traditionally been 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 Private law is that part of a civil law Civil law may refer to: * Civil law (common law) Civil law is a major branch of the law.Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as E ...
are not monopolized by notaries so that attorneys often specialise in handling either trials, cases, advising, or non-trial matters. The only disadvantage 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 the Quebec Law Society (''Barreau du Québec'').


France

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'' (senior barrister). Since 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 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 it 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 is however purely informal and does not correspond to any difference in qualification or admission to the roll. 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 is the ''stage final'' (final training), where the intending attorney spends 6 months in a law firm (generally in his/her favoured field of practice and in a firm in which he/she hopes 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 him/her to join a court's bar (''barreau''). It 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 the supreme courts, in civil, criminal or administrative matters.


Germany

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 The Federal Court of Justice (german: Bundesgerichtshof, BGH) in Karlsruhe Karlsruhe (, also , ; formerly spelled Carlsruhe) is the second-largest List of cities and towns in Germany, city of the Germany, German federal state of Baden-Württembe ...

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 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 The European Union (EU) is a political and economic union of member states that are located primarily in Europe Europe is a which is also recognised as part of , located entirely in the and mostly in the . It comprises the wester ...

European Union
court system.


Hong Kong

The legal profession in Hong Kong is also divided into two branches: barristers and solicitors. In the
High Court High court usually refers to the superior court In common law systems, a superior court is a court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between ...
and the
Court of Final Appeal The Hong Kong Court of Final Appeal (HKCFA or CFA) is the final appellate court of Hong Kong. It was established on 1 July 1997, upon the establishment of the Hong Kong Special Administrative Region Hong Kong (, ), officially the Hong ...
, 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, barristers dress in the traditional English manner, as do the judges and other lawyers. In Hong Kong, the rank of Queen's Counsel was granted prior to the
transfer of the sovereignty of Hong Kong The transfer of sovereignty over Hong Kong, commonly known as the handover of Hong Kong (or simply the Handover, also the Return in mainland China), occurred at midnight at the start of 1 July 1997, when the United Kingdom The United ...
from the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain,Usage is mixed. The Guardian' and Telegraph' use Britain as a synonym for the United Kingdom. Some prefer to use Britain as shorth ...

United Kingdom
to
China China (), officially the People's Republic of China (PRC; ), is a country in East Asia East Asia is the eastern region of Asia Asia () is Earth's largest and most populous continent, located primarily in the Eastern Hemisphere ...

China
in 1997. After the handover, the rank has been replaced by
Senior Counsel #REDIRECT Senior counsel#REDIRECT Senior counsel The title of Senior Counsel or State Counsel ( post-nominal letters: SC) is given to a senior lawyer A lawyer or attorney is a person who practices law, as an advocate, attorney at lawAttorney ...
post-nominal letters Post-nominal letters, also called post-nominal initials, post-nominal titles, designatory letters or simply post-nominals, are letters placed after a person's name to indicate that the individual holds a position, academic degree, accreditation, o ...
: SC. Senior Counsel may still, however, style themselves as silks, like their British counterparts.


India

In
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...
, the law relating to the Barrister is the Advocates Act, 1961 introduced and thought up by
Ashoke Kumar Sen Ashoke Kumar Sen (10 October 1913 – 21 September 1996) was an Indian barrister, a former Cabinet minister of India, and an Indian parliamentarian. He also holds the record for winning a Lok Sabha The Lok Sabha, or House of the People, i ...
, the then law minister of India, which is a law passed by the Parliament and is administered and enforced by the
Bar Council of India The Bar Council of India is a statutory body established under the section 4 of Advocates Act 1961 that regulates the legal practice and legal education in India. Its members are elected from amongst the lawyers in India and as such represents t ...
. Under the act, the Bar Council of India is the supreme regulatory body to regulate the legal profession in India and also to ensure the compliance of the laws and maintenance of professional standards by the legal profession in the country. For this purpose, the Bar Council of India is authorized to pass regulations and make orders in individual cases and also generally. Each State has a Bar Council of its own whose function is to enroll the Barristers willing to practise predominately within the territorial confines of that State and to perform the functions of the Bar Council of India within the territory assigned to them. Therefore, each law degree holder must be enrolled with a (single) State Bar Council to practise in India. However, enrollment with any State Bar Council does not restrict the Barrister from appearing before any court in India, even though it is beyond the territorial jurisdiction of the State Bar Council which he is enrolled in. The advantage with having the State Bar Councils is that the workload of the Bar Council of India can be divided into these various State Bar Councils and also that matters can be dealt with locally and in an expedited manner. However, 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 The process for being entitled to practise in India is twofold. First, the applicant must be a holder of a law degree from a recognized institution in India (or from one of the four recognised Universities in the United Kingdom) and second, must pass the enrollment qualifications of the Bar Council of the state where he/she seeks to be enrolled. For this purpose, the Bar Council of India has an internal Committee whose function is to supervise and examine the various institutions conferring law degrees and to grant recognition to these institutions once they meet the required standards. In this manner the Bar Council of India also ensures the standard of education required for practising in India is met with. As regards the qualification for enrollment with the State Bar Council, while the actual formalities may vary from one State to another, yet predominately they ensure that the application has not been a bankrupt /criminal and is generally fit to practise before courts of India. Enrollment with a Bar Council also means that the law degree holder is recognized as a Barrister and is required to maintain a standards of conduct and professional demeanor at all times, both on and off the profession. The Bar Council of India also prescribes "Rules of Conduct" to be observed by the Barristers in the courts, while interacting with clients and even otherwise.


Ireland

In the
Republic of Ireland Ireland ( ga, Éire ), also known as the Republic of Ireland ('), is a country A country is a distinct territorial body or political entity A polity is an identifiable political entity—any group of people who have a collective id ...

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 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 Council of Ireland The Bar of Ireland is the regulatory and representative body for barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks includ ...
, a quasi-private entity. Senior members of the profession may be selected for elevation to 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 A supreme court is the highest court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of just ...
, patents of precedence having been granted by the
Government A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Departmen ...
. Irish barristers are sole practitioners and may not form chambers or partnerships if they wish to remain members of the Bar Council's Law Library. To practise under the Bar Council 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
pupillageA pupillage, in England and Wales England and Wales () is a legal jurisdiction covering England and Wales, two of the four countries of the United Kingdom, parts of the United Kingdom. England and Wales forms the constitutional successor to the form ...
or
devilling Devilling is the period of training, pupillage or junior work undertaken by a person wishing to become an advocate in one of the legal systems of the United Kingdom or Ireland. Scotland The prospective advocate is placed under the care of a devilm ...
. 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 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, even though the judicial system is based mostly on English common law, as a continuation of the British Mandate in Palestine.


Japan

Japan adopts a unified system. However, there are certain classes of qualified professionals who are allowed to practise 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 a client in administrative tax appeals) and patent agents (''"benrishi"'', qualified to practise patent registration and represent a client in administrative patent appeals). Only the lawyers (''bengoshi'') can appear before court and are qualified to practise in any areas of law, including, but not limited to, areas that those qualified law-related professionals above are allowed to practise. Most attorneys still focus primarily on court practice and still a very small number of attorneys give sophisticated and expert legal advice on a day-to-day basis to large corporations.


Netherlands

The
Netherlands ) , national_anthem = ( en, "William of Nassau") , image_map = EU-Netherlands.svg , map_caption = , image_map2 = BES islands location map.svg , map_caption2 = , image_map3 ...

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 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, 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 A supreme court is the highest court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of just ...
, which have to be handled by lawyers registered at the Supreme Court, thus gaining from it the title "lawyer at the Supreme Court".


New Zealand

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 practise as barristers sole. About 15% practise 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 the proceedings in their entirety. Any lawyer may apply to become a
Queen's Counsel In the United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain,Usage is mixed. The Guardian' and Telegraph' use Britain as a synonym for the United Kingdom. Some pr ...
(QC) to recognize long-standing contribution to the legal profession but this status is only conferred on those practising 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, the term "junior barrister" is popularly used to refer to a lawyer who holds a practising certificate as a barrister, but is employed by another, more senior barrister. Generally, junior barristers are within their first five years of practise and are not yet qualified to practise as barristers sole. Barristers sole (i.e. barristers who are not employed by another barrister) who are not Queen's Counsel are never referred to as junior barristers.


Nigeria

In
Nigeria Nigeria (), officially the Federal Republic of Nigeria, is a country in West Africa West Africa or Western Africa is the westernmost region of . The defines Western Africa as the 17 countries of , , , , , , , , , , , , , , , and as we ...

Nigeria
, there is no formal distinction between barristers and solicitors. All students who pass the bar examinations – offered exclusively by the
Nigerian Law School The Nigerian Law School is an educational institution set up by the Government of Nigeria in 1962 to provide a Nigerian legal education to foreign-trained lawyers, and to provide practical training for aspiring Legal Practitioners in Nigeria. U ...
– 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 the Bar The call to the bar (rarely, call to bar) is a legal term of art Jargon is the specialized terminology associated with a particular field or area of activity. Jargon is normally employed in a particular Context (language use), communicative cont ...
, Nigerian lawyers enter their names in the register or Roll of Legal Practitioners kept at the Supreme Court. Perhaps for this reason, a Nigerian lawyer is also often referred to as a Barrister and Solicitor of the Supreme Court of Nigeria, and many Nigerian lawyers term themselves Barrister-at-Law complete with the postnominal initials "B.L.". The vast majority of Nigerian lawyers combine contentious and non-contentious work, although there is a growing tendency for practitioners in the bigger practices to specialise in one or the other. In colloquial parlance within the Nigerian legal profession, lawyers may, for this reason, 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 conferment of the rank of Senior Advocate of Nigeria (SAN).


Pakistan

The profession in Pakistan is fused; an advocate works both as a barrister and a solicitor, with higher rights of audience being provided. To practice as a barrister in
Pakistan Pakistan, . Pronounced variably in English as , , , and . officially the Islamic Republic of Pakistan, is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a popul ...
, a law graduate must complete three steps: pass the Bar Practice and Training Course (BPTC), be called to the Bar by an
Inn of Court Image:London-Inns-of-Court.JPG, 300px, Combined arms of the four Inns of Court. Clockwise from top left: Lincoln's Inn, Middle Temple, Gray's Inn, Inner Temple. The Inns of Court in London are the professional associations for barristers in Englan ...
, and attain a licence to practice as an advocate in the ourts of Pakistan from the relevant Bar Council, provincial or federal.


Poland

In Poland
, there are two main types of legal professions: advocate and legal counsel. Both are regulated and these professions are restricted only for people who graduated five-year law studies, have at least three years of experience and passed five difficult national exams (civil law, criminal law, company law, administrative law and ethic) or have a doctor of law degree. Before 2015, the only difference was that advocates have a right to represent clients before the court in all cases and the legal advisors could not represent clients before the court in criminal cases. Presently, the legal advisors can also represent clients in criminal cases so currently, the differences between this professions are only historical significance.


South Africa

In
South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. With over 60 million people, it is the world's 23rd-most populous nation and covers an area of . South Africa has three capital citie ...

South Africa
the employment and practise of advocates (as barristers are known in South Africa) is consistent with the rest of the Commonwealth. Advocates carry the rank of Junior or Senior Counsel (SC), and are mostly briefed and paid by solicitors (known as attorneys). They are usually employed in the higher courts, particularly in the Appeal Courts where they often appear as specialist counsel. South African solicitors (attorneys) follow a practice of referring cases to Counsel for an opinion before proceeding with a case, when Counsel in question practises as a specialist in the case law at stake. Aspiring advocates currently spend one year in pupillage (formerly only six months) before being admitted to the bar in their respective provincial or judicial jurisdictions. The term "Advocate" is sometimes used in South Africa as a title, e. g. "Advocate John Doe, SC" (''Advokaat'' in Afrikaans) in the same fashion as "Dr. John Doe" for a medical doctor.


South Korea

In South Korea, there is no distinction between the judiciary and lawyers. Previously, a person who has passed the national bar exam after two years of national education is able to become a judge, prosecutor, or "lawyer" in accordance to their grades upon graduation. As a result of changes from implementing an accommodated law school system, there are two standard means of becoming a lawyer. Under the current legal system, to be a judge or a prosecutor, lawyers need to practise their legal knowledge. A "lawyer" does not have any limitation of practice.


Spain

Spain has a division but it does not correspond to the division in Britain between barristers/advocates and solicitors. ''Procuradores'' represent the litigant procedurally in court, generally under the authority of a power of attorney executed by a civil law notary, while ''abogados'' represent the substantive claims of the litigant through trial advocacy. ''Abogados'' perform both transactional work and advise in connection with court proceedings, and they have full right of audience in front of the court. The court proceeding is carried out with ''abogados'', not with procuradores. In a nutshell, procuradores are court agents that operate under the instructions of an ''abogado''. Their practice is confined to the locality of the court to which they are admitted.


United Kingdom

Under EU law, barristers, along with advocates and solicitors, are recognised as lawyers.


England and Wales

Although with somewhat different laws,
England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest of England and the Celtic Sea to the southwest. E ...

England
and
Wales Wales ( cy, Cymru ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by England to the Wales–England border, east, the Irish Sea to the north and west, and the Bristol Channel to the south. It ...

Wales
are considered within the United Kingdom
a single united and unified legal jurisdiction
a single united and unified legal jurisdiction
for the purposes of both civil and criminal law, alongside Scotland and Northern Ireland, the other two legal jurisdictions within the United Kingdom. England and Wales are covered by a common bar (an organisation of barristers) and a single law society (an organisation of solicitors). The profession of barrister in England and Wales is a separate profession from that of solicitor. It is, however, possible to hold the qualification of both barrister and solicitor at the same time. It is not necessary to leave the bar to qualify as a solicitor. Barristers are regulated by the
Bar Standards Board The Bar Standards Board regulates barristers in England and Wales for the public interest. It is responsible for: * Setting standards of conduct for barristers and authorising barristers to practise; * Monitoring the service provided by barrist ...
, a division of the
General Council of the Bar The General Council of the Bar, commonly known as the Bar Council, is the representative body for barristers in England and Wales Barristers in England and Wales are one of the two main categories of lawyer A lawyer or attorney is a person ...
. A barrister must be a member of one of the
Inns of Court The Inns of Court in London are the professional associations for barristers A barrister is a type of lawyer A lawyer or attorney is a person who practices law, as an advocate, attorney at lawAttorney at law or attorney-at-law, usuall ...
, which traditionally educated and regulated barristers. There are four Inns of Court:
The Honourable Society of Lincoln's Inn The Honourable Society of Lincoln's Inn is one of the four Inns of Court in London to which barristers of England and Wales belong and where they are Call to the Bar, called to the Bar. (The other three are Middle Temple, Inner Temple and Gray' ...

The Honourable Society of Lincoln's Inn
, The Honourable Society of Gray's Inn,
The Honourable Society of the Middle Temple
The Honourable Society of the Middle Temple
, and
The Honourable Society of the Inner Temple
The Honourable Society of the Inner Temple
. All are situated in central London, near the
Royal Courts of Justice The Royal Courts of Justice, commonly called the Law Courts, is a court building in Westminster which houses the High Court of Justice of England and Wales, High Court and Court of Appeal of England and Wales. The High Court also sits on circui ...

Royal Courts of Justice
. They perform scholastic and social roles, and in all cases, provide financial aid to student barristers (subject to merit) through scholarships. It is the Inns that actually "call" the student to the Bar at a ceremony similar to a graduation. Social functions include dining with other members and guests and hosting other events. Law graduates wishing to work and be known as barristers must take the
Bar Professional Training Course The Bar Professional Training Course or BPTC is a Postgraduate education, postgraduate course which allows law graduates to be named and practise as barristers in England and Wales. The eight institutes that run the BPTC along with the four prest ...
(BPTC – previously Bar Vocational Course or BVC) at one of the institutions authorised by the Bar Council to offer the BPTC. On successful completion of the BPTC student barristers are "called" to the bar by their respective inns and are elevated to the degree of "Barrister". However, before they can practise independently they must first undertake 12 months of
pupillageA pupillage, in England and Wales England and Wales () is a legal jurisdiction covering England and Wales, two of the four countries of the United Kingdom, parts of the United Kingdom. England and Wales forms the constitutional successor to the form ...
. The first six months of this period is spent shadowing more senior practitioners, after which pupil barristers may begin to undertake some court work of their own. Following successful completion of this stage, most barristers then join a set of Chambers, a group of counsel who share the costs of premises and support staff whilst remaining individually self-employed. In December 2014 there were just over 15,500 barristers in independent practice, of whom about ten percent are
Queen's Counsel In the United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain,Usage is mixed. The Guardian' and Telegraph' use Britain as a synonym for the United Kingdom. Some pr ...
and the remainder are
junior barrister A junior barrister is a barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribuna ...
s. Many barristers (about 2,800) are employed in companies as "in-house" counsel, or by local or national government or in academic institutions. Certain barristers in England and Wales are now instructed directly by members of the public. Members of the public may engage the services of the barrister directly within the framework of the
Public Access Scheme The Public Access Scheme (a.k.a. "Direct Access") allows members of the public in England & Wales to instruct a barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom ...
; a solicitor is not involved at any stage. Barristers undertaking public access work can provide legal advice and representation in court in almost all areas of law (see the Public Access Information on the Bar Council website) and are entitled to represent clients in any court or tribunal in England and Wales. Once instructions from a client are accepted, it is the barrister (rather than the solicitor) who advises and guides the client through the relevant legal procedure or litigation. Before a barrister can undertake Public Access work, they must have completed a special course. At present, about one in 20 barristers has so qualified. There is also a separate scheme called "Licensed Access", available to certain nominated classes of professional client; it is not open to the general public. Public access work is experiencing a huge surge at the bar, with barristers taking advantage of the new opportunity for the bar to make profit in the face of legal aid cuts elsewhere in the profession. The ability of barristers to accept such instructions is a recent development; it results from a change in the rules set down by the General Council of the Bar in July 2004. The Public Access Scheme has been introduced as part of the drive to open up the legal system to the public and to make it easier and cheaper to obtain access to legal advice. It further reduces the distinction between solicitors and barristers. The distinction remains however because there are certain aspects of a solicitor's role that a barrister is not able to undertake. Some honorific suffixes to signify notable barristers may be ''Esquire''. Even though the term ''barrister-at-law'' is sometimes seen, and was once very common, it has never been formally correct in England and Wales. Barrister is the only correct nomenclature.


Northern Ireland

In April 2003 there were 554 barristers in independent practice in Northern Ireland. 66 were
Queen's Counsel In the United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain,Usage is mixed. The Guardian' and Telegraph' use Britain as a synonym for the United Kingdom. Some pr ...
(QCs), barristers who have earned a high reputation and are appointed by the Queen on the recommendation of the Lord Chancellor as senior advocates and advisers. Those barristers who are not QCs are called Junior Counsel and are styled "BL" or "Barrister-at-Law". The term ''junior'' is often misleading since many members of the Junior Bar are experienced barristers with considerable expertise. Benchers are, and have been for centuries, the governing bodies of the four
Inns of Court The Inns of Court in London are the professional associations for barristers A barrister is a type of lawyer A lawyer or attorney is a person who practices law, as an advocate, attorney at lawAttorney at law or attorney-at-law, usuall ...
in London and King's Inns, Dublin. The Benchers of the Inn of Court of Northern Ireland governed the Inn until the enactment of the Constitution of the Inn in 1983, which provides that the government of the Inn is shared between the Benchers, the Executive Council of the Inn and members of the Inn assembled in General Meeting. The Executive Council (through its Education Committee) is responsible for considering Memorials submitted by applicants for admission as students of the Inn and by Bar students of the Inn for admission to the degree of Barrister-at-Law and making recommendations to the Benchers. The final decisions on these Memorials are taken by the Benchers. The Benchers also have the exclusive power of expelling or suspending a Bar student and of disbarring a barrister or suspending a barrister from practice. The Executive Council is also involved with: education; fees of students; calling counsel to the Bar, although call to the Bar is performed by the Lord Chief Justice of Northern Ireland on the invitation of the Benchers; administration of the Bar Library (to which all practising members of the Bar belong); and liaising with corresponding bodies in other countries. The Bar Council is responsible for the maintenance of the standards, honour and independence of the Bar and, through its Professional Conduct Committee, receives and investigates complaints against members of the Bar in their professional capacity.


Scotland

In Scotland, an advocate is, in all respects except name, a barrister, but there are significant differences in professional practice. In Scotland, admission to and the conduct of the profession is regulated by the Faculty of Advocates (as opposed to an Inn).


Crown dependencies and UK Overseas Territories


=Isle of Man, Jersey and Guernsey

= In the Bailiwick of Jersey, there are solicitors (called ''ecrivains'') and advocates (French ''avocat''). In the Bailiwicks of Jersey and Guernsey and on the Isle of Man, Advocates perform the combined functions of both solicitors and barristers.


=Gibraltar

= Gibraltar is a British Overseas Territory boasting a legal profession based on the common law. The legal profession includes both barristers and solicitors with most barristers also acting as solicitors. Admission and Disciplinary matters in Gibraltar are dealt with by the Bar Council of Gibraltar and the Supreme Court of Gibraltar. In order for barristers or solicitors to be admitted as practising lawyers in Gibraltar they must comply with the Supreme Court Act 1930 as amended by the Supreme Court Amendment Act 2015 which requires, amongst other things, for all newly admitted lawyers as of 1 July 2015 to undertake a year's course in Gibraltar law at the University of Gibraltar. Solicitors also have right of audience in Gibraltar's courts.


United States

The United States does not draw a distinction between lawyers as pleaders (barristers) and lawyers as agents (or solicitors). All lawyers who have passed a bar examination and have been admitted to practice may prosecute or defend in the courts of the state where they are admitted. Historically, a distinction was made, and a separate label for barristers (called "counselors", hence the expression "attorney ''and'' counselor at law") existed in certain states, though both professions have long since been fused into the all-purpose attorney.Berger, Marylin J. "A Comparative Study of British Barristers and American Legal Practice and Education". (Northwestern Journal of International Business and Law: 1983). Retrieved 04-07-2018. https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1152&context=njilb Attorneys specializing in court procedure, combining advocacy and case preparation, are called ''trial attorneys'' or ''litigators''. Additionally, some state appellate courts require attorneys to obtain a separate certificate of admission to plead and practise in the appellate court. Federal courts require specific admission to that court's bar to practise before it. At the state appellate level and in Federal courts, there is generally no separate examination process, although some U.S. district courts require an examination on practices and procedures in their specific courts. Unless an examination is required, admission is usually granted as a matter of course to any licensed attorney in the state where the court is located. Some federal courts will grant admission to any attorney licensed in any U.S. jurisdiction.


Popular culture

* ''Rumpole of the Bailey'' (UK) – classic courtroom series * ''Kavanagh Q.C.'' (1995–2001) (UK) * ''North Square'' (2000) (UK) – Channel 4 court drama series contains interactions between barristers and solicitors * ''Bridget Jones's Diary'' (2001) – Main character Mark Darcy is described as a "top barrister." * ''A Fish Called Wanda'' (1988) – John Cleese, John Cleese's character, Archie Leach, is a barrister who, in defending a hapless jewel thief, becomes entangled in the crime * ''Silk (TV series), Silk'' (2011–2014) (UK) – BBC court drama series * ''Rake (Australian TV series), Rake'' (2010–2016) – Australian TV series based on the story of a colourful barrister * Sydney Carton – central character, a barrister, in Charles Dickens' ''A Tale of Two Cities'' * ''Witness for the Prosecution (1957 film), Witness for the Prosecution'', in which the central character is the barrister Sir Wilfred Robards, QC * Arnold Timsh – Target in ''The Knife of Dunwall'', an expansion on the video game ''Dishonored'' *''Barrister Babu'' (2020) – Indian social drama TV series on Viacom 18, Colors TV


See also

* Bar (law) * Barristers' Ball * Legal professions in England and Wales * Revising Barrister * Special Pleader * Serjeant-at-law


References


Further reading

* Abel, Richard L. ''The Making of the English Legal Profession: 1800-1988'' (1998), 576pp * Lemmings, David. ''Gentlemen and Barristers: The Inns of Court and the English Bar, 1680-1730'' (Oxford 1990) * Levack, Brian. ''The civil lawyers'' (Oxford 1973) * Prest, Wilfrid. ''The Inns of Court'' (1972) * Prest, Wilfrid. ''The Rise of the Barristers'' (1986)


External links

*
Hong Kong Bar Association (barristers in Hong Kong)
*
Canadian Bar Association


Australia


Australian Bar Association (barristers in the Commonwealth of Australia)

New South Wales Bar Association

The Victorian Bar (Australia)

Queensland Bar Association (Australia)

South Australian Bar Association (Australia)

Western Australian Bar Association (Australia)

The Northern Territory Bar Association (Australia)


UK and Ireland


The Barrister magazine

The Inner Temple

Bar Council (barristers in England and Wales)

Bar Library of Northern Ireland

Faculty of Advocates in Scotland

The Bar of Ireland


*
Advice on structure and training for the Bar
* {{Authority control Common law Law of the United Kingdom Legal professions