Bar association
Encyclopedia
A bar association is a professional body
Professional body
A professional association is usually a nonprofit organization seeking to further a particular profession, the interests of individuals engaged in that profession, and the public interest.The roles of these professional associations have been variously defined: "A group of people in a...

 of lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...

s. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...

; others are professional organizations dedicated to serving their members; in many cases, they are both. In many Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...

 jurisdictions, the bar association comprises lawyers who are qualified as barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...

s or advocate
Advocate
An advocate is a term for a professional lawyer used in several different legal systems. These include Scotland, South Africa, India, Scandinavian jurisdictions, Israel, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man...

s in particular, versus solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...

s. Membership in bar associations may be mandatory or optional for practicing attorneys, depending on jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...

.

Etymology

The use of the term bar
Bar (law)
Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.-Courtroom division:...

to mean "the whole body of lawyers, the legal profession" comes ultimately from English
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...

 custom. In the early 16th century, a railing divided the hall in the Inns of Court
Inns of Court
The Inns of Court in London are the professional associations for barristers in England and Wales. All such barristers must belong to one such association. They have supervisory and disciplinary functions over their members. The Inns also provide libraries, dining facilities and professional...

, with students occupying the body of the hall and readers or bencher
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...

s on the other side. Students who officially became lawyers crossed the symbol
Symbol
A symbol is something which represents an idea, a physical entity or a process but is distinct from it. The purpose of a symbol is to communicate meaning. For example, a red octagon may be a symbol for "STOP". On a map, a picture of a tent might represent a campsite. Numerals are symbols for...

ic physical barrier and were "admitted to the bar". Later, this was popularly assumed to mean the wooden railing marking off the area around the judge's seat in a courtroom, where prisoners stood for arraignment and where a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...

 stood to plead. In modern courtrooms, a railing may still be in place to enclose the space which is occupied by legal counsel
Counsel
A counsel or a counselor gives advice, more particularly in legal matters.-U.K. and Ireland:The legal system in England uses the term counsel as an approximate synonym for a barrister-at-law, and may apply it to mean either a single person who pleads a cause, or collectively, the body of barristers...

 as well as the criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...

 defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...

s and civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...

 litigants who have business pending before the court.

Commonwealth

In many Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...

 jurisdictions, including in England and Wales
Barristers in England and Wales
Barristers in England and Wales are one of the two main categories of lawyer in England and Wales, the other being solicitors. -Origin of the profession:The work of senior legal professionals in England and Wales...

, the "bar association" comprises lawyers who are qualified as barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...

s or advocate
Advocate
An advocate is a term for a professional lawyer used in several different legal systems. These include Scotland, South Africa, India, Scandinavian jurisdictions, Israel, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man...

s (collectively known as "the bar", or "members of the bar"), while the "law society
Law society
A Law Society in current and former Commonwealth jurisdictions was historically an association of solicitors with a regulatory role that included the right to supervise the training, qualifications and conduct of lawyers/solicitors...

" comprises solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...

s. These bodies are sometimes mutually exclusive, while in other jurisdictions, the "bar" may refer to the entire community of persons engaged in the practice of law
Practice of law
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister,...

.

In Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

, one is called to the bar
Call to the bar
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 a "call to the bar"...

after undertaking a post-law-school
Law school
A law school is an institution specializing in legal education.- Law degrees :- Canada :...

 training in a provincial
Province
A province is a territorial unit, almost always an administrative division, within a country or state.-Etymology:The English word "province" is attested since about 1330 and derives from the 13th-century Old French "province," which itself comes from the Latin word "provincia," which referred to...

 law society program, and undergoing an apprenticeship
Apprenticeship
Apprenticeship is a system of training a new generation of practitioners of a skill. Apprentices or protégés build their careers from apprenticeships...

 or taking articles. Legal communities are called provincial law societies
Law society
A Law Society in current and former Commonwealth jurisdictions was historically an association of solicitors with a regulatory role that included the right to supervise the training, qualifications and conduct of lawyers/solicitors...

, except for Nova Scotia
Nova Scotia
Nova Scotia is one of Canada's three Maritime provinces and is the most populous province in Atlantic Canada. The name of the province is Latin for "New Scotland," but "Nova Scotia" is the recognized, English-language name of the province. The provincial capital is Halifax. Nova Scotia is the...

, where it is called the Nova Scotia Barristers' Society, and Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....

, where it is called the Barreau du Quebec
Barreau du Quebec
The Bar of Quebec is the provincial law society for lawyers in Quebec, Canada...

.

In India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

 under the legal framework set established under the Advocates Act, 1961, a law graduate is required to be enrolled with the Bar Council of India
Bar Council of India
The Bar Council of India is a statutory body that regulates and represents the Indian bar. It was created by Parliament under the Advocates Act, 1961. It prescribes standards of professional conduct and etiquette and exercises disciplinary jurisdiction...

. The process of enrollment is delegated by the Bar Council of India to the state Bar Councils wherein almost each state has a Bar Council of its own. Once enrolled with a State Bar Council, the law graduate is recognized as an Advocate and thereupon is entitled to appear and practice before any court in India. There is no formal requirement for further membership of any Bar Association. However Advocates do become members of various local or national bar associations for reasons of recognition and facilities which these associations offer. Besides the Bar Council of India, other known Bar Associations in India are "All India Bar Association" and "Supreme Court Bar Association". Each State and local court generally also has a Bar Association of its own, like the "Delhi High Court Bar Association" "Bombay High Court Bar Association" etc.

In Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...

, a person becomes a member of the bar after fulfilling certain requirements. They must have a valid law degree
Law degree
A Law degree is an academic degree conferred for studies in law. Such degrees are generally preparation for legal careers; but while their curricula may be reviewed by legal authority, they do not themselves confer a license...

 from a recognized university, must offer certain undertakings, and pay the Bar Association fees. If a person does not hold an LL.M Degree they must first complete six months pupillage
Pupillage
A pupillage, in England and Wales, Northern Ireland and Ireland, is the barrister's equivalent of the training contract that a solicitor undertakes...

 with a practising Advocate, whom they must assist on at least ten cases during a six-month pupillage period.

United States

Membership in the bar is a privilege burdened with conditions.
-Benjamin N. Cardozo
Benjamin N. Cardozo
Benjamin Nathan Cardozo was a well-known American lawyer and associate Supreme Court Justice. Cardozo is remembered for his significant influence on the development of American common law in the 20th century, in addition to his modesty, philosophy, and vivid prose style...

, In re Rouss, 221 N.Y. 81, 84 (1917)

In the United States, admission to the bar
Admission to the bar in the United States
In the United States, admission to the bar is the granting of permission by a particular court system to a lawyer to practice law in that system. Each U.S. state and similar jurisdiction has its own court system and sets its own rules for bar admission , which can lead to different admission...

 is permission granted by a particular court system to a lawyer to practice law in that system. This is to be distinguished from membership in a bar association. In the United States, some states require membership in the state bar association
State bar association
A state bar association is a bar association that represents or seeks to represent all of the attorneys in a specific U.S. state. Membership in such an association may be voluntary or mandatory for practitioners in that state. State bar associations may be tasked with the administration of the...

 for all attorneys, while others do not.

Although bar associations historically existed as unincorporated voluntary association
Voluntary association
A voluntary association or union is a group of individuals who enter into an agreement as volunteers to form a body to accomplish a purpose.Strictly speaking, in many jurisdictions no formalities are necessary to start an association...

s, nearly all bar associations have since been organized (or reorganized) as corporation
Corporation
A corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...

s. Furthermore, membership in some of them (see the next section below) is no longer voluntary, which is why some of them have omitted the word "association" and merely call themselves the "state bar" to indicate that they are the incorporated body that constitutes the entire admitted legal profession of a state.

Mandatory, integrated or unified bar associations

Some states require membership in the state's bar association to practice law there. Such an organization is called a mandatory, integrated, or unified bar. They exist at present in a slight majority of U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...

s: Alabama
Alabama State Bar
The Alabama State Bar is the integrated bar association of the U.S. state of Alabama.The Alabama State Bar was established in 1923 and is part of the 1975 Alabama Code, §§ 34-3-1 to 34-3-89....

, Alaska, Arizona
State Bar of Arizona
The State Bar of Arizona regulates the practice of law in Arizona. It licenses lawyers and establishes procedures for the discipline of misconduct by lawyers....

, California
State Bar of California
The State Bar of California is California's official bar association. It is responsible for managing the admission of lawyers to the practice of law, investigating complaints of professional misconduct, and prescribing appropriate discipline...

, Florida
The Florida Bar
The Florida Bar is the integrated bar association for the state of Florida. It is the third largest such bar association in the United States. Its duties include the regulation and discipline of attorneys....

, Georgia
State Bar of Georgia
The State Bar of Georgia is the governing body of the legal profession in Georgia, operating under the supervision of the Supreme Court of Georgia. Membership is a condition of admission to practice law in Georgia....

, Idaho, Kentucky, Louisiana, Maine, Michigan
State Bar of Michigan
The State Bar of Michigan is an organization of lawyers in the State of Michigan. Membership is mandatory for attorneys who practice law in the state of Michigan...

, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon
Oregon State Bar
The Oregon State Bar is a government agency in the U.S. state of Oregon. Founded in 1890 as the private Oregon Bar Association, it became a public entity in 1935 that regulates the legal profession. The public corporation is part of the Oregon Judicial Department...

, Rhode Island
Rhode Island Bar Association
The Rhode Island Bar Association is the integrated bar association of the U.S. state of Rhode Island.-Organization:...

, South Carolina
South Carolina Bar
The South Carolina Bar is the integrated bar association of the U.S. state of South Carolina.-Organization:The South Carolina Bar began in 1884 as the South Carolina Bar Association, a professional organization of approximately 200 lawyers; the group was voluntary, with no mandates to join being...

, South Dakota, Texas
State Bar of Texas
The State Bar of Texas is an agency of the judiciary under the administrative control of the Texas Supreme Court. The Texas Bar is responsible for assisting the Texas Supreme Court in overseeing all attorneys licensed to practice law in Texas...

, Utah, Virginia
Virginia State Bar
Created in 1938, The Virginia State Bar is the administrative agency of the Supreme Court of Virginia whose purpose is to regulate, improve and advance the legal profession in Virginia. The Bar was established by an act of the Virginia General Assembly and is delegated the power to issue...

, Washington State
Washington State Bar Association
The Washington State Bar Association is the mandatory statewide bar association of Washington State. As an administrative arm of the Washington State Supreme Court, it administers the admissions, licensing, and discipline functions for lawyers licensed in Washington. It also acts as their...

, West Virginia, Wisconsin, and Wyoming. The District of Columbia, the U.S. Virgin Islands, Guam and the Northern Mariana Islands also have unified bars. The mandatory status of the Puerto Rico Bar Association
Puerto Rico Bar Association
The Puerto Rico Bar Association or Colegio de Abogados de Puerto Rico was founded in the 19th century and has evolved into an organization in which until 2009; all practicing attorneys must have been members in order to practice law in the United States territory of Puerto Rico...

 was eliminated in 2009 by an act of the state legislature, ratified by recently appointed majority of the Puerto Rico Supreme Court.

In some states, like Wisconsin, the mandatory membership requirement is implemented through an order of the state supreme court
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....

, which can be revoked or canceled at any time at the court's discretion. In others, like Oregon, the state legislature passed a law and created a government agency. California went farther than any other state and wrote the State Bar of California into its constitution
California Constitution
The document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of California. The original constitution, adopted in November 1849 in advance of California attaining U.S. statehood in 1850, was superseded by the current constitution, which...

.

The first state to have an integrated bar association was North Dakota in 1921.

Voluntary bar associations

A voluntary
Voluntary association
A voluntary association or union is a group of individuals who enter into an agreement as volunteers to form a body to accomplish a purpose.Strictly speaking, in many jurisdictions no formalities are necessary to start an association...

 bar association is a private organization of lawyers. Each chooses its own purposes (e.g. social, educational, and lobbying functions), but does not regulate the practice of law or admit lawyers to practice.

There is a statewide voluntary bar association in every state that has no mandatory or integrated bar association. There are also many voluntary bar associations organized by city, county, or other community. Such associations are often focused on common professional interests (such as bankruptcy
Bankruptcy
Bankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....

 lawyers or in-house counsel) or common ethnic
Ethnic group
An ethnic group is a group of people whose members identify with each other, through a common heritage, often consisting of a common language, a common culture and/or an ideology that stresses common ancestry or endogamy...

 interests (such as gender
Gender
Gender is a range of characteristics used to distinguish between males and females, particularly in the cases of men and women and the masculine and feminine attributes assigned to them. Depending on the context, the discriminating characteristics vary from sex to social role to gender identity...

, race, religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...

, or nation
Nation
A nation may refer to a community of people who share a common language, culture, ethnicity, descent, and/or history. In this definition, a nation has no physical borders. However, it can also refer to people who share a common territory and government irrespective of their ethnic make-up...

al heritage), such as the Hispanic National Bar Association. The American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...

 is the voluntary bar association with the largest membership. Such associations often advocate for law reform and provide information in bar journals, pro bono
Pro bono
Pro bono publico is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms...

 services or a lawyer referral service
Lawyer referral service
A lawyer referral service is typically offered by state and local bar associations as a public service. The purpose of a lawyer referral service is to increase access to justice by referring members of the general public to lawyers in private practice or to legal aid organizations or agencies for...

 to the general public.

There is no mandatory federal bar association. The Federal Bar Association
Federal Bar Association
The Federal Bar Association is the primary voluntary professional organization for private and government lawyers and judges practicing and sitting in federal courts in the United States.-Background:...

 is a private, voluntary group.

There are also a number of subject-specific private associations, which are not officially denominated as bar associations but which serve similar functions in terms of providing their members with useful publications, networking opportunities, and continuing legal education
Continuing Legal Education
Continuing legal education is professional education of lawyers that takes place after their initial admission to the bar. In many states in the United States, CLE participation is required of attorneys to maintain their license to practice law...

. The largest association of defense counsel is the Defense Research Institute
Defense Research Institute
The Defense Research Institute is an organization of more than 22,000 lawyers and corporate counsel, and a frequent critic of the American Association for Justice and other trial lawyers....

 (the "Voice of the Defense Bar"), while the largest association of plaintiffs' counsel is the American Association for Justice (formerly Association of Trial Lawyers of America). The National Lawyers Guild
National Lawyers Guild
The National Lawyers Guild is an advocacy group in the United States "dedicated to the need for basic and progressive change in the structure of our political and economic system . ....

 (NLG) is an association of progressive attorneys and legal workers, founded as the first national lawyer's association with membership open to all races and religions.

Most American law schools have a student bar association
Student Bar Association
Student bar associations are student organizations that exist at many laws schools in the United States. Student bar associations take their name from bar associations, which are professional bodies of lawyers....

, which is a student organization that fulfills various functions, including sometimes serving as the student government
Students' union
A students' union, student government, student senate, students' association, guild of students or government of student body is a student organization present in many colleges and universities, and has started appearing in some high schools...

.

Judges

Judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

s may or may not be members of the bar. Etymologically, they sit "on the bench", and the cases
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...

 which come before them are "at bar" or "at bench". Many states in the United States require that some or all judges be members of the bar; typically these limit or completely prohibit the judges from practicing law while serving as a judge.

The U.S. Constitution contains no requirement that Federal judges or Supreme Court justices be members of the bar. However, there are no modern instances of the President nominating or the Congress approving any candidate who is not a member of any bar. There are various professional associations of judges, such as the American Judges Association, that perform some of the educational and other service functions of bar associations.
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