Call to the bar
Encyclopedia
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". "The bar" is now used as collective noun for barrister
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
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, the 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
. Once an Inn Calls one of its members to its bar, he is thereafter a barrister with a right of audience before all courts.
England & Wales and some other jurisdictions distinguish two types of lawyer
s, who are regulated by different bodies, with separate training, examinations, regulation and traditions:
In England, a call ceremony takes place at the barrister's Inn of Court, 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 Queen's Counsel are become entitled to plead from "within the Bar" in court.
, and the United States (the See also section below contains links to articles on the laws of these jurisdictions).
Law of Northern Ireland
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
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". "The bar" is now used as collective noun for 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, 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
Kingdom of England
The Kingdom of England was, from 927 to 1707, a sovereign state to the northwest of continental Europe. At its height, the Kingdom of England spanned the southern two-thirds of the island of Great Britain and several smaller outlying islands; what today comprises the legal jurisdiction of England...
in the Middle Ages
Middle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...
, and the call to the bar refers to the summons
Summons
Legally, a summons is a legal document issued by a court or by an administrative agency of government for various purposes.-Judicial summons:...
issued to one found fit to speak at the 'bar' of the royal courts. In time, the 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
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...
. Once an Inn Calls one of its members to its bar, he is thereafter a barrister with a right of audience before all courts.
England & Wales and some other jurisdictions distinguish two types 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, 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 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 additionally qualify as a Solicitor AdvocateSolicitor AdvocateSolicitor advocate is the title used by a solicitor who is qualified to represent clients as an advocate in the higher courts in England and Wales or in Scotland.-Origin:...
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.
In England, a call ceremony takes place at the barrister's Inn of Court, before or during the 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...
year. A barrister is called to the utter ("outer") bar or "appointed to the degree of the utter bar". Those appointed as Queen's Counsel are become entitled to plead from "within the Bar" in court.
Particular jurisdictions
Common law jurisdictions include Australia, England and Wales, New Zealand, Hong Kong, India, Nigeria, the Republic of Ireland, Northern Ireland, and most other jurisdictions in the Commonwealth of NationsCommonwealth 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...
, and the United States (the See also section below contains links to articles on the laws of these jurisdictions).
- Canada: In common law Canadian provinces, despite the unified legal profession (lawyers are qualified as both barristers and solicitors), the certificate issued by the provincial Law SocietyLaw societyA 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...
to the newly-qualified lawyer generally indicates he or she having been called to the Bar and admitted as a solicitor. In the Canadian provinces of OntarioOntarioOntario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
and ManitobaManitobaManitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...
, there are in fact two certificates issued by the respective provincial Law Society: one for call to the bar, and the other for admission as a solicitor. In Alberta, the newly qualified lawyer's supervisor, referred to as his or her principal, makes an application to the Court of Queen's Bench to have him or her admitted to the bar. In QuebecQuebecQuebec 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....
, the civil law notaryCivil law notaryCivil-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 with the authentication power of the State...
is very similar to the solicitor.
- New Zealand: As in Canada, the legal profession is fusedFused professionFused profession is a term relating to jurisdictions where the legal profession is not divided between barristers and solicitors.It is generally used in the context of Commonwealth countries which have provided by statute for there to be a single profession of "Barrister and Solicitor".In practice,...
. A lawyer in New Zealand is admitted as either a Barrister Sole or a "Barrister and Solicitor of the High Court of New ZealandHigh Court of New ZealandThe High Court of New Zealand is a superior court of New Zealand. It was established in 1841 and known as the Supreme Court of New Zealand until 1980....
". Once admitted, New Zealand "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 one of the fourteen District Law Societies.
- Nigeria: As in New Zealand, there is no formal distinction between Barristers and Solicitors. A lawyer in NigeriaNigeriaNigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...
is admitted as a "Barrister and Solicitor of the Supreme Court of NigeriaSupreme Court of NigeriaThe Supreme Court of Nigeria is the highest court in Nigeria, and is located in the Central District, Abuja, in what is known as the Three Arms Zone, so called due to the proximity of the offices of the Presidential Complex, the National Assembly, and the Supreme Court.-Overview:In 1963, the...
." Once admitted, Nigerian 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. Lawyers are regulated by the Nigerian Bar AssociationNigerian Bar AssociationThe Nigerian Bar Association is the umbrella body of all lawyers admitted to practice law in Nigeria.Any lawyer who satisfies the members of the Body of Benchers that they have good character and proficiency in the Bar Final Examination from the Nigerian Law School is automatically admitted.The...
.
- Sri Lanka: In Sri Lanka a lawyer must be admitted and enrolled as an Attorney-at-Law of the Supreme Court of Sri LankaSupreme Court of Sri LankaThe Supreme Court of Sri Lanka is the highest court of the nation of Sri Lanka. The Supreme Court is the highest and final judicial instance of record and is empowered to exercise its powers, subject to the provisions of the Constitution. The Court has ultimate appellate jurisdiction in...
. This is referred to as the a call to the bar.
- United States: Generally, a lawyer is said to have been "admitted to the BarAdmission to the bar in the United StatesIn 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...
" and become an "Attorney at law" (some states still use the older term "attorney and counselor (or even 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 US attorneys to refer to their qualification as a lawyer.
See also
- Admission to the barAdmission to the barAn admission to practice law, also called admission to the bar, is acquired when a lawyer receives a license to practice law. Becoming a lawyer is a widely varied process around the world. Common to all jurisdictions are requirements of age and competence; some jurisdictions also require citizenship...
- Bar (law)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:...
- Bar associationBar associationA bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
- Bar councilBar councilA bar council , in a Commonwealth country and in the Republic of Ireland, the Bar Council of Ireland is a professional body that regulates the profession of barristers together with the King's Inns. Solicitors are generally regulated by the Law society....
- Election to the Faculty of AdvocatesFaculty of AdvocatesThe Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary...
, Scotland - Law of AustraliaLaw of AustraliaThe law of Australia consists of the Australian common law , federal laws enacted by the Parliament of Australia, and laws enacted by the Parliaments of the Australian states and territories...
- Law of England and Wales
- Law of New ZealandLaw of New ZealandThe law of New Zealand can be found in several sources. The primary sources of New Zealand law are statutes enacted by the New Zealand Parliament and decisions of the New Zealand Courts. At a more fundamental level, the law of New Zealand is based on three related principles: parliamentary...
- Law of Hong Kong,
- Law of India
- Politics of NigeriaPolitics of NigeriaNigeria is a Federal Republic modeled after the United States, with executive power exercised by the president and with influences from the Westminster System model in the composition and management of the upper and lower houses of the bicameral legislature. However, the President of Nigeria is...
- Law of the Republic of IrelandLaw of the Republic of IrelandThe law of the Republic of Ireland consists of constitutional, statute and common law. The highest law in the Republic is the Constitution of Ireland, from which all other law derives its authority...
Law of Northern Ireland