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The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to the bar". "The bar" is now used as a
collective noun In linguistics, a collective noun is a word referring to a collection of things taken as a whole. Most collective nouns in everyday speech are not specific to one kind of thing. For example, the collective noun "group" can be applied to people (" ...
for barristers, but literally referred to the wooden barrier in old courtrooms, which separated the often crowded public area at the rear from the space near the judges reserved for those having business with the court. Barristers would sit or stand immediately behind it, facing the judge, and could use it as a table for their
briefs Briefs (or a brief) are a type of short, form-fitting underwear and swimwear, as opposed to styles where material extends down the thighs. Briefs have various different styles, usually with a waistband attached to fabric that runs along the pel ...
. Like many other common law terms, the term originated in England in the Middle Ages, and the ''call to the bar'' refers to the summons issued to one found fit to speak at the "bar" of the royal courts. In time, English judges allowed only legally qualified men to address them on the law and later delegated the qualification and admission of barristers to the four
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 ha ...
. Once an inn calls one of its members to its bar, they are thereafter a barrister. They may not, however, practise as a barrister until they have completed (or been exempted from) an apprenticeship called ''
pupillage A pupillage, in England and Wales, Northern Ireland, Kenya, Malaysia, Pakistan and Hong Kong, is the final, vocational stage of training for those wishing to become practising barristers. Pupillage is similar to an apprenticeship, during which ba ...
''. After completing pupillage, they are considered to be a practising barrister with a
right of audience In common law, a right of audience is generally a right of a lawyer to appear and conduct proceedings in court on behalf of their client. In English law, there is a fundamental distinction between barristers, who have rights of audience in th ...
before all courts. England and Wales and some other jurisdictions distinguish two types of lawyers, who are regulated by different bodies, with separate training, examinations, regulation and traditions: * Barristers primarily practise in court and generally specialise in advocacy in a particular field of law; they have a right of audience in all courts of England and Wales. * Solicitors do not necessarily undertake court work, but have a right of audience in the lower courts (
magistrates' court A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrate's Cou ...
s and county courts). They are ''admitted'' or ''enrolled'' as a solicitor, to conduct litigation and practise in law outside court, e.g., providing legal advice to lay clients and acting on their behalf in legal matters. A solicitor must qualify as a
solicitor-advocate Solicitor advocate is a hybrid status which allows a solicitor in the United Kingdom and Hong Kong to represent clients in higher courts in proceedings that were traditionally reserved for barristers. The status does not exist in most other comm ...
in order to acquire the same "higher rights" of audience as a barrister. In other jurisdictions, the terminology and the degree of overlap between the roles of solicitor and barrister varies greatly; in most, the distinction has disappeared entirely.


Particular jurisdictions

Common law jurisdictions include Australia, England and Wales, New Zealand, Canada, Hong Kong, India, Nigeria, the Republic of Ireland, Northern Ireland and most jurisdictions in the Commonwealth of Nations and the United States (the ''See also'' section below contains links to articles on the laws of these jurisdictions).


Australia

In Australia, the status of the legal profession differs from state to state: * Queensland and New South Wales formally split the legal profession between solicitors and barristers; * South Australia, Victoria, Western Australia and the Australian Capital Territory have "fused" the professions of barrister and solicitor, but each state maintains an independent bar for lawyers who solely practice as barristers; and * Tasmania and the Northern Territory have fused professions, with a very small number of legal practitioners operating as an independent bar. Most Australian barristers will have previously worked as solicitors prior to becoming barristers. Candidates wishing to become barristers may have to pass an examination and undergo further specialised training before those candidates are "called to the bar" or "sign the roll of counsel". Both the examination and the further training are administered by the state's bar association: * in Queensland, candidates must pass "three 1.5 hour examinations, focusing on legal ethics, practice and procedure, and evidence", and then successfully complete the Bar Practice Course; * in New South Wales, candidates must pass the NSW Bar Examination, and then successfully complete the Bar Practice Course; and * in Victoria, candidates must pass the Victorian Bar Entrance Exam, and then successfully complete the Victorian Bar Readers' Course. Upon completing the relevant training course, new barristers ("readers") are required to spend a period of months "reading" in the chambers of an experienced barrister, called the reader's "tutor" (in New South Wales) or "mentor" (in Victoria) (historically, this experienced barrister was called the new barrister's "pupil master"). This "reading" period serves as a kind of practical apprenticeship for the new barrister, who works in the same chambers as their tutor/mentor and is able to learn by observing their tutor/mentor, as well as actively seeking their guidance.


Canada

In common law Canadian provinces, despite the unified legal profession (lawyers are qualified as both
barristers A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and givin ...
and solicitors), the certificate issued by the provincial Law Society to the newly qualified lawyer generally indicates his or her having been called to the bar and admitted as a solicitor. In Ontario and Manitoba, there are two certificates, one issued by the respective provincial Law Society for call to the bar and the other by the Superior Court (Ontario) or Court of Queen's Bench (Manitoba) for admission as a solicitor. In Ontario, being called to the bar requires students to article (apprentice) with a law firm for ten months, but due to a shortage of articling positions available each year and an influx of articling candidates, a pilot alternative program available through the University of Ottawa and Toronto Metropolitan University was established. The Law Practice Program requires the articling students to spend four months in a virtual law office and to spend another four months in a work placement.
Alberta Alberta ( ) is one of the thirteen provinces and territories of Canada. It is part of Western Canada and is one of the three prairie provinces. Alberta is bordered by British Columbia to the west, Saskatchewan to the east, the Northwest Terri ...
and Prince Edward Island are the only common law jurisdictions with individual, rather than group, calls. The student's supervisor, referred to as his or her principal, makes an oral application to the Provincial Court of Alberta or Court of Queen's Bench, or the
Supreme Court of Prince Edward Island The Supreme Court of Prince Edward Island (also called the Prince Edward Island Supreme Court, or PESC) is the superior court of the Canadian province of Prince Edward Island. The Court is composed of five judges, led by its Chief Justice, curre ...
, respectively, to have the student called to the bar. Gowns are worn and the ceremony is public, with the presiding judge (or judges) welcoming the new member with a speech written specifically for that call. In Quebec, a
civil law notary Civil-law notaries, or Latin notaries, are lawyers of noncontentious private civil law who draft, take, and record legal instruments for private parties, provide legal advice and give attendance in person, and are vested as public officers wit ...
is very similar to a solicitor.


England and Wales

In England and Wales, a call ceremony takes place at the barrister's
Inn 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 ...
(or at
Temple Church The Temple Church is a Royal peculiar church in the City of London located between Fleet Street and the River Thames, built by the Knights Templar as their English headquarters. It was consecrated on 10 February 1185 by Patriarch Heraclius of J ...
for members of the Inner Temple), before or during the
pupillage A pupillage, in England and Wales, Northern Ireland, Kenya, Malaysia, Pakistan and Hong Kong, is the final, vocational stage of training for those wishing to become practising barristers. Pupillage is similar to an apprenticeship, during which ba ...
year. A barrister is called to the ''utter'' ("outer") bar or "appointed to the degree of the utter bar". Those appointed as King's Counsel are entitled to plead from "within the bar" in court.


Ireland

In Ireland, the legal profession is split between solicitors and barristers. Candidates wishing to qualify as barristers must complete a series of examinations at the Honorable Society of King's Inns. Successful candidates are called to the Bar by the Chief Justice in the Supreme Court. Upon being called to the bar, a barrister becomes a member of the Outer Bar, or "Junior Counsel". Some barristers may subsequently be called to the Inner Bar in a similar ceremony, gaining the title "Senior Counsel".


New Zealand

As in Canada, the legal profession is fused. A lawyer in New Zealand is admitted as either a "barrister sole" or a "barrister and solicitor of the High Court of New Zealand". Once admitted, New Zealand's "barrister and solicitors" are able to practise in either mode provided they hold a practising certificate, while barristers sole are entitled only to practice as a barrister. Admission is overseen by the New Zealand Law Society.


Nigeria

As in New Zealand, there is no formal distinction between barristers and solicitors. A lawyer in Nigeria is admitted as a "Barrister and Solicitor of the Supreme Court of Nigeria". Once admitted, Nigerian lawyers may argue in any federal trial or appellate court as well as any of the courts in Nigeria's thirty six states and the Federal Capital Territory. Lawyers are regulated by the
Nigerian Bar Association The Nigerian Bar Association (NBA) is a non-profit, umbrella professional association of all lawyers admitted to the bar in Nigeria. It is engaged in the promotion and protection of human rights, the rule of law and good governance in Nigeria. T ...
.


Northern Ireland

Prior to the partition of Ireland, barristers in what is now Northern Ireland were called to the bar in the same manner as those in the rest of Ireland. The procedure remains much the same today, save that candidates wishing to qualify as barristers must complete a series of examinations at the Institute of Professional Legal Studies at
Queen's University Belfast , mottoeng = For so much, what shall we give back? , top_free_label = , top_free = , top_free_label1 = , top_free1 = , top_free_label2 = , top_free2 = , established = , closed = , type = Public research university , parent = ...
(under the supervision of the Honourable Society of the Inn of Court of Northern Ireland), barristers are called to the bar by the
Lord Chief Justice of Northern Ireland The Lord Chief Justice of Northern Ireland is a judge who is the appointed official holding office as President of the Courts of Northern Ireland and is head of the Judiciary of Northern Ireland. The present Lord Chief Justice of Northern Irel ...
and members of the Inner Bar are known as Queen's Counsel.


Sri Lanka

In Sri Lanka, a lawyer must be admitted and enrolled as an attorney-at-law of the
Supreme Court of Sri Lanka The Supreme Court of Sri Lanka ( si, ශ්‍රී ලංකා ශ්‍රේෂ්ඨාධිකරණය, Sri Lanka Sreshthadikaranaya; ta, இலங்கை உயர் நீதிமன்றம், Ilankai uyar neetimanram) is th ...
. This is referred to as the call to the bar.


United States

Generally, a lawyer is said to have been "
admitted to the bar An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are dist ...
" and become an "
attorney at law Attorney at law or attorney-at-law, usually abbreviated in everyday speech to attorney, is the preferred term for a practising lawyer in certain jurisdictions, including South Africa (for certain lawyers), Sri Lanka, the Philippines, and the United ...
"; some states still use the older term "attorney and counselor (also spelled 'counsellor') at law", upon taking his or her oath of office. Historically, the institution of attorney was similar to that of the solicitor, whereas the office of the counselor was almost identical to that of the barrister, but today this distinction has disappeared. The phrase "called to the bar" is still sometimes used informally by U.S. attorneys to refer to their qualification as a lawyer.


See also

*
Admission to the bar An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are dist ...
*
Bar (law) In law, the bar is the legal profession as an institution. The term is a metonym for the line (or "bar") that separates the parts of a courtroom reserved for spectators and those reserved for participants in a trial such as lawyers. In the Uni ...
*
Bar association A bar association is a professional association of lawyers as generally organized in countries following the Anglo-American types of jurisprudence. The word bar is derived from the old English/European custom of using a physical railing to sep ...
*
Bar council {{see also, Bar association A bar council ( ga, Comhairle an Bharra) or bar association, in a common law jurisdiction with a legal profession split between solicitors and barristers or advocates, is a professional body that regulates the profes ...
* Election to the Faculty of Advocates, Scotland * Law of Australia * Law of Canada *
Law of England and Wales English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, be ...
* Law of Hong Kong *
Law of India The legal system of India consists of civil, common law and customary, Islamic ethics, or religious law within the legal framework inherited from the colonial era and various legislation first introduced by the British are still in effect i ...
*
Law of New Zealand The law of New Zealand uses the English common law system, inherited from being a part of the British Empire. There are several sources of law, the primary ones being statutes enacted by the New Zealand Parliament and case law made by decisions ...
*
Law of Northern Ireland The law of Northern Ireland is the legal system of statute and common law operating in Northern Ireland since the partition of Ireland established Northern Ireland as a distinct jurisdiction in 1921. Prior to 1921, Northern Ireland was part of ...
*
Law of the Republic of Ireland The law of Ireland consists of constitutional, statute, and common law. The highest law in the State is the Constitution of Ireland, from which all other law derives its authority. The Republic has a common-law legal system with a written const ...
* Politics of Nigeria


References

{{Reflist Judiciaries Common law English law Professional certification in law