HOME

TheInfoList



OR:

The call to the 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 communicative context and may not be well understood outside that context. The context is usually a partic ...
in most
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
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 for
barrister 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 ...
s, 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. Like many other common law terms, the term originated in
England England is a 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 and the Celtic Sea to the southwest. It is separated from continental Europe ...
in the
Middle Ages In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire ...
, 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
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
s 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. 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''. After completing pupillage, they are considered to be a practising barrister with a right of audience before all courts.
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
and some other jurisdictions distinguish two types of
lawyer A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicit ...
s, 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 A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
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 Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
, England and Wales,
New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island coun ...
,
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by to ...
,
Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China (abbr. Hong Kong SAR or HKSAR), is a List of cities in China, city and Special administrative regions of China, special ...
,
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 ...
,
Nigeria Nigeria ( ), , ig, Naìjíríyà, yo, Nàìjíríà, pcm, Naijá , ff, Naajeeriya, kcg, Naijeriya officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf o ...
, the
Republic of Ireland Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. ...
,
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scots dialect, Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is #Descriptions, variously described as ...
and most jurisdictions in the
Commonwealth of Nations The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the C ...
and the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
(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 A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
), 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 Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Ca ...
, 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 Toronto Metropolitan University (TMU or Toronto Met) is a public research university located in Toronto, Ontario, Canada. The university's core campus is situated within the Garden District, although it also operates facilities elsewhere in Toro ...
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 T ...
and
Prince Edward Island Prince Edward Island (PEI; ) is one of the thirteen provinces and territories of Canada. It is the smallest province in terms of land area and population, but the most densely populated. The island has several nicknames: "Garden of the Gulf", ...
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, 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 Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirte ...
, a civil law notary 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 for members of the
Inner Temple The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional associations for barristers and judges. To be called to the Bar and practise as a barrister in England and ...
), before or during the pupillage 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 In the United Kingdom and in some Commonwealth countries, a King's Counsel (post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister or ...
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 Nigeria ( ), , ig, Naìjíríyà, yo, Nàìjíríà, pcm, Naijá , ff, Naajeeriya, kcg, Naijeriya officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf o ...
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 (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 and members of the Inner Bar are known as Queen's Counsel.


Sri Lanka

In
Sri Lanka Sri Lanka (, ; si, ශ්‍රී ලංකා, Śrī Laṅkā, translit-std=ISO (); ta, இலங்கை, Ilaṅkai, translit-std=ISO ()), formerly known as Ceylon and officially the Democratic Socialist Republic of Sri Lanka, is an ...
, 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" and become an " attorney at law"; 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) *
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 se ...
* Bar council * Election to the Faculty of Advocates, Scotland *
Law of Australia The legal system of Australia has multiple forms. It includes a written constitution, unwritten constitutional conventions, statutes, regulations, and the judicially determined common law system. Its legal institutions and traditions are subs ...
*
Law of Canada The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), and Indigenous ...
* Law of England and Wales *
Law of Hong Kong The law of the Hong Kong Special Administrative Region has its foundation in the English common law system, inherited from being a former British colony and dependent territory. There are several sources of law, the primary ones being statut ...
*
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 decisi ...
* Law of Northern Ireland *
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