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An artist's rendition of an English and Irish barrister
An artist's rendition of an English and Irish barrister

A barrister is a lawyer found in many common law jurisdictions which employ a split profession (as opposed to a fused profession) in relation to legal representation. In split professions, the other type of lawyer is the solicitor. Solicitors have more direct contact with the clients, whereas barristers often only become involved in a case in order to provide any advocacy needed by the client. Barristers are also engaged by solicitors to provide specialist advice on points of law. Barristers are rarely, if ever, instructed by clients directly (although this occurs frequently in tax matters). Instead, the client's solicitors will instruct a barrister on behalf of the client when appropriate. This article does not cite any references or sources. ... Image File history File links Download high resolution version (627x889, 50 KB) From: http://runeberg. ... Image File history File links Download high resolution version (627x889, 50 KB) From: http://runeberg. ... For the fish called lawyer, see Burbot. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... This article does not cite any references or sources. ... Fused profession is a term relating to jurisdictions where the legal profession is not divided between barristers and solicitors. ... A solicitor is a type of lawyer in many common law jurisdictions, such as the United Kingdom, Hong Kong, Republic of Ireland, Australia, New Zealand and Canada, and in a few regions of the United States. ... Advocacy is the act of arguing on behalf of a particular issue, idea or person. ...


The historical difference between the two professions -- and the only essential difference in England and Wales today -- is that a solicitor is an attorney, which means they stand in the place of their client for legal purposes, and may conduct litigation by making applications to the court, writing letters in litigation to the client's opponent and so on. A barrister is not an attorney and is forbidden, both by law and by professional rules, from conducting litigation. This difference in function explains many of the practical differences between the two professions. An attorney is someone who represents someone else in the transaction of business: For attorney-at-law, see lawyer, solicitor, barrister or civil law notary. ... A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. ...


On the other hand, many countries such as the United States do not observe a distinction between barristers and solicitors. Attorneys are permitted to conduct all aspects of litigation and appear before those courts where they have been admitted to the bar.


Practical differences between barristers and solicitors

The practical difference between the two professions is twofold:

  • The barrister will usually be the lawyer who represents litigants as their advocate before the courts of that jurisdiction. A barrister will usually have rights of audience in the higher courts, whereas other legal professionals will have more limited access, or will need to take additional qualifications to do so. In this regard, the profession of barrister corresponds to that part of the role of legal professionals found in the civil law jurisdictions relating to appearing in trials or pleading cases before the courts.

Barristers used to have a major role in trial preparation, including drafting pleadings and reviewing evidence. In modern times, it is relatively common for a barrister to only receive a "brief" from an instructing solicitor to represent a client at trial a day or two before the hearing.[1] Categories: Move to Wiktionary | Law stubs | Legal terms ... An advocate is one who speaks on behalf of another, especially in a legal context. ... This article is about courts of law. ... This article does not cite any references or sources. ... For other uses of civil law, see civil law. ... In legal parlance, a trial is an event in which parties to a dispute present information (in the form of evidence) in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute. ... In the law, a pleading is one of the papers filed with a court in a civil action, such as a complaint, a demurrer, or an answer. ...

  • Barristers often have a more specialised knowledge of case-law and precedent. When a solicitor in general practice is confronted with an unusual point of law, they sometimes seek the "opinion of counsel" on the issue.[2]

However, in many countries the traditional divisions are breaking down. Barristers used to enjoy a monopoly on appearances before the higher courts, but in most countries 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 specialisations or who are only really trained for advocacy are not equipped to provide general advice to members of the public. A Solicitor Advocate is a solicitor who is qualified to represent clients as an advocate in the higher courts in England and Wales or Scotland. ... A law firm is a business entity formed by one or more lawyers to engage in the practice of law. ...


In most countries, barristers operate as sole practitioners, and are prohibited from forming partnerships (although in England and Wales the Clementi report has recommended the abolition of this restriction). However, barristers normally band together into "chambers" to share clerks (administrators) and operating expenses. Some chambers grow to be large and sophisticated, and have a distinctly corporate feel. Some barristers, on the other hand, are employed by firms of solicitors, banks or corporations as in-house legal advisers. A partnership is a type of business entity in which partners share with each other the profits or losses of the business undertaking in which all have invested. ... English law is a formal term of art that describes the law for the time being in force in England and Wales. ...


In court, barristers are often visibly distinguished from solicitors by their apparel. For example, in Ireland, England and Wales, barristers usually wear a horsehair wig, stiff collar, bands and a gown. As of January 2008 Solicitor advocates will also be entitled to wear a wig, but will wear a different gown.[3]


Common law division

In the common 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. An often-used (but not entirely accurate) parallel is the medical profession, in that a solicitor, like a general practitioner is the regular point of contact for a client, who will only be referred to a barrister (or, to continue the metaphor, a consultant) for specialist advisory or advocacy services. There is no difference in the level of complexity in the practice of law by the different branches of the profession, though barristers tend to be instructed in complex litigation and in certain other specialist fields. A solicitor is a type of lawyer in many common law jurisdictions, such as the United Kingdom, Hong Kong, Republic of Ireland, Australia, New Zealand and Canada, and in a few regions of the United States. ... A solicitor is a type of lawyer in many common law jurisdictions, such as the United Kingdom, Hong Kong, Republic of Ireland, Australia, New Zealand and Canada, and in a few regions of the United States. ... A general practitioner (GP), family physician or family practitioner (FP) is a medical doctor who provides primary care. ... A consultant (from the Latin consultare meaning to discuss from which we also derive words such as consul and counsel) is a professional who provides expert advice in a particular area of expertise such as accountancy, the environment, technology, the law, human resources, marketing, medicine, finance, public affairs, communication, engineering...


Historically, the distinction was absolute, but in the modern legal age, some countries which had a split legal profession are now characterised by having a fused profession; all persons entitled to practice as a barrister are also entitled to practice as a solicitor, and vice versa. In practice, the distinction may be non-existent, minor, or marked, depending on the jurisdiction. And in others, Scotland and Ireland for example, there is little overlap. Fused profession is a term relating to jurisdictions where the legal profession is not divided between barristers and solicitors. ...


Where the profession is split, it is the solicitor who works directly with the client, and who is responsible for engaging a qualified and experienced barrister appropriate to the budget of the client and the nature of his or her case. Conventionally, barristers (also known as "Counsel") will have little or no direct contact with their "lay clients", particularly without the presence or involvement of the solicitor or "professional client" that has engaged them. All correspondence, enquiries, invoices, etc. will be addressed to the solicitor, who is primarily responsible for the barristers' fees. Barristers, unlike solicitors, have full rights of audience, allowing them to appear before any court in the jurisdiction. Generally, solicitors only have rights of audience before the lower courts. However, some solicitors in England and Wales and Scotland are certified as solicitor advocates and, as such, are qualified to represent clients as an advocate in the higher courts in England and Wales or in Scotland. This article is about the country. ... A Solicitor Advocate is a solicitor who is qualified to represent clients as an advocate in the higher courts in England and Wales or Scotland. ... An advocate is one who speaks on behalf of another, especially in a legal context. ...


Justifications

The reasons for a split profession are normally historical, however a number of reasons are still advanced for maintaining split professions:

  • Having an independent barrister reviewing a cause of action gives the client a fresh and independent opinion from an expert in the field, something that rarely happens in jurisdictions with fused professions.
  • Having recourse to all of the specialist barristers at the bar enables 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 defence 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.
  • Having trials conducted by experienced specialist advocates makes for smoother, more professionally run trials.

Against that, a number of disadvantages are put forward:

  • A multiplicity of legal advisors leads to higher costs (something that caused no small amount of concern to Sir David Clementi in his review of the English legal profession).
  • As barristers are dependent upon solicitors for referrals of work, it is open to question how willing barristers are to criticise those who instruct them to the client.
  • Barristers are sometimes criticised for being "over-specialised" and not having sufficient general expertise outside of their fields in some highly specialised fields, such as intellectual property law or tax law.

Sir David Clementi is Chairman of Prudential plc, one of Britains largest insurance companies. ... For the 2006 film, see Intellectual Property (film). ... Tax law is the codified system of laws that describes government levies on economic transactions, commonly called taxes. ...

Regulation

Barristers are regulated by the Bar for the jurisdiction in which they practise, and in some countries, by the Inn of Court to which they belong. In some countries, there is external regulation, although where this exists it is frequently criticised as inimical to the independence of the profession as defender of the citizen against the state. This article does not cite any references or sources. ... British barristers wearing traditional dress. ...


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 he must first become a member. In fact, historically, call to and success at the Bar to some extent depended upon the introductions that you made during these formative years.


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 will be invested with regulatory powers in relation into the manner in which barristers conduct practice.


Barristers in England and Wales

England and Wales, whilst in some areas of government separate from each other within the devolved political structure of the United Kingdom, comprise a single legal jurisdiction, and accordingly they are together served by a single Bar. Barristers in England and Wales are one of the two categories of lawyer in England and Wales, the other being solicitors. ... Image File history File links Metadata Size of this preview: 800 × 600 pixelsFull resolution (1600 × 1200 pixel, file size: 982 KB, MIME type: image/jpeg) File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Image File history File links Metadata Size of this preview: 800 × 600 pixelsFull resolution (1600 × 1200 pixel, file size: 982 KB, MIME type: image/jpeg) File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Entrance to Grays Inn Grays Inn is one of the four Inns of Court in around the Royal Courts of Justice in London, England to which barristers belong and where they are called to the bar. ... This article is about the capital of England and the United Kingdom. ...


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 be disbarred in order to qualify as a solicitor.


Barristers are regulated by the Bar Standards Board, a division of the General Council of the Bar.


A barrister must be a member of one of the Inns of Court, which traditionally educated and regulated barristers. There are four Inns of Court: The Honourable Society of Gray's Inn, The Honourable Society of Lincoln's Inn, The Honourable Society of the Middle Temple, and The Honourable Society of the Inner Temple. All are situated in central London, near the 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. Combined arms of the four Inns of Court. ... Part of Lincolns Inn drawn by Thomas Shepherd c. ... Part of Middle Temple c. ... Combined coat of arms of the four Inns of Court. ... The main entrance The Royal Courts of Justice, commonly called the Law Courts, is a building in London, which houses the Court of Appeal and the High Court of Justice of England and Wales. ...


Student barristers must take a Bar Vocational Course (BVC) (usually one year full-time) at one of the institutions authorised by the Bar Council to offer the BVC. On successful completion of the BVC 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 twelve months of pupillage. 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. This does not cite its references or sources. ... A pupillage, in England and Wales, is the barristers equivalent of the training contract that a solicitor undertakes. ...


In December 2004 there were just over 11,500 barristers in independent practice, of whom about ten percent are Queen's Counsel and the remainder are junior barristers. Many barristers (about 2,800) are employed in companies as ‘in-house’ counsel, or by local or national government or in academic institutions. For information about The Times satire Queens Counsel, see Queens Counsel (comic strip). ... A junior barrister is a barrister who has not yet attained the rank of Queens counsel. ...


Public Access to barristers

Certain barristers in England and Wales are now instructed directly by members of the public. Members of the public may contract with (instruct) the barrister directly through the barrister’s clerk; a solicitor is not involved at any stage. Barristers undertaking Public Access work can provide legal advice and/or representation in court in almost all areas of law and they 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 and the litigation.


Barristers undertaking Public Access work must have completed a (fairly straightforward) special course; it provides no guarantee of special legal skill. At present, about 1 in 20 barristers have qualified as Public Access Barristers, often in the hope of attracting work which would otherwise be denied them. Confusingly, there is also a scheme called ‘Direct Access’. However, this is different and it is not open to the general public.


The ability of barristers to accept such instructions is a recent development; it results from a change in the rules set down by the barristers’ governing body, the General Council of the Bar, in July 2004. The Public Access Scheme was introduced as part of an attempt to open up the legal system to the public by making it easier and cheaper for the general public to obtain access to legal advice.


Barristers in Northern Ireland

In April 2003 there were 554 barristers in independent practice in Northern Ireland. 66 were Queen's Counsel (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. Northern Ireland (Irish: , Ulster Scots: Norlin Airlann) is a constituent country of the United Kingdom lying in the northeast of the island of Ireland, covering 5,459 square miles (14,139 km², about a sixth of the islands total area). ... For information about The Times satire Queens Counsel, see Queens Counsel (comic strip). ...


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 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. A bencher or Master of the Bench is a senior member of an Inn of Court. ... Combined arms of the four Inns of Court. ... The Kings Inns or formally the Honorable Society of Kings Inns (HSKI) is the institution which controls the entry of barristers-at-law into the justice system of the Republic of Ireland. ...


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. Lord Chief Justice of Northern Ireland (1922)- Rt Hon Sir Robert Carswell 1997- Rt Hon Lord Hutton 1988-1997 Major Rt Hon Lord Lowry 1971-1988 Rt Hon Lord McDermott 1951-1971 Rt Hon Sir James Andrews 1937-1951 Rt Hon Sir William Moore, Bt 1925-1937 Rt Hon Sir...


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.


All barristers and solicitors in Northern Ireland have passed exams at the Institute of Professional Legal Studies, of Queen's University of Belfast. The exams there are different from the rest of the UK, but on the possession of a qualifying law degree, the teaching can be missed and the exam sat directly. Those with a non-qualifying degree can still do the exams, on completion of the relevant course. After a pupillage with an experienced barrister at the Bar Library, one is then qualified. The Queens University of Belfast (QUB) is a university in Belfast, Northern Ireland; the university is often called Queens University Belfast. ...


Advocates in Scotland and the Channel Islands

Main article: Advocate

In Scotland an advocate is, in all respects except name, a barrister, but there are significant differences in professional practice. An advocate is one who speaks on behalf of another, especially in a legal context. ... An advocate is one who speaks on behalf of another, especially in a legal context. ...


In Scotland, admission to and the conduct of the profession is regulated by Faculty of Advocates (as opposed to an Inn). The Faculty of Advocates is the collective term by which what in England are called barristers are known in Scotland. ...


In the Bailiwick of Jersey, there are solicitors (called Ecrivains) and Advocates. Both in the Bailiwick of Jersey and in the Bailiwick of Guernsey, Advocates of the Royal Court perform the functions of both solicitors and barristers.


Barristers and solicitors in Canada

In Canada (except Quebec), the professions of barrister and solicitor are fused, and many lawyers refer to themselves with both names, even if they do not practice 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 practice 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 in non-contentious (and sometimes contentious) matters. This article is about the Canadian province. ...


However, in Quebec, which has a civil law tradition, the situation is different from the rest of Canada. Advocates (avocats) practice before the courts, whereas civil law notaries (notaires) limit themselves to most of the functions of solicitors. However, many aspects of non-contentious legal matters are the concurrent domain of both advocates and notaries; with the result that advocates often specialise either as pleading advocates (i.e. litigators) or as non-pleading advocates (i.e. solicitor). The only exception is that advocates cannot perform notarial acts (i.e., essentially, certifications and authentifications of documents and the keeping of contracts and other legal records, en minute (in minute form) ). Most of the large law firms in Quebec are firms of advocates (pleading and non-pleading) who perform the full range of legal services like those performed by law firms in the common law provinces, the only exception being notarial acts. For other uses of civil law, see civil law. ... 16th century painting of a civil law notary, by Flemish painter Quentin Massys Civil law notaries are trained jurists who often receive the same training as advocating jurists — those with a legal education who become litigators such as barristers in England and Wales and Northern Ireland or avocats in France...


Barristers in Ireland

In the Republic of Ireland, entry to the bar is given to those on whom a Barrister-at-Law (abbreviated to "B.L.") degree has been conferred. The conferral of such degrees is exclusively by The Honorable Society of King’s Inns. Senior members of the profession may be selected for elevation to the Inner Bar, when they may describe themselves as Senior Counsel ("S.C."). Admission to the Inner Bar is made by declaration before the Supreme Court, patents of precedence having been granted by the Government. The profession is governed by the Bar Council. The Kings Inns or formally the Honorable Society of Kings Inns (HSKI) is the institution which controls the entry of barristers-at-law into the justice system of the Republic of Ireland. ...


There is a single Inn that has retained (or at least has not delegated) its educational responsibilities: The Honorable Society of King’s Inns, (note: Honorable not Honourable as in England) located near to the Four Courts, the premises of the High Court and Supreme Court (as well as the Dublin Circuit Court). Unlike barristers in England and Wales, Irish barristers are sole practitioners and may not form chambers or partnerships. In order to practice, a newly qualified barrister is apprenticed to a more senior barrister of at least 7 years' experience. This apprenticeship is known as pupillage or devilling. Devilling is compulsory lasts for one legal year. It is common to devil for a second year in a less formal arrangement but this is not compulsory. The Kings Inns or formally the Honorable Society of Kings Inns (HSKI) is the institution which controls the entry of barristers-at-law into the justice system of the Republic of Ireland. ... A pupillage, in England and Wales, is the barristers equivalent of the training contract that a solicitor undertakes. ... Devilling is the period of training or pupillage undertaken by a person wishing to become an Advocate in Scotland. ...


Barristers and solicitors in Australia

In the Australian states of New South Wales, Victoria, and Queensland there is a split profession. Each state Bar Association has the functions of Inns of Court. Counsel dress in the traditional English manner (wig, gown and jabot) before higher courts, although are no longer robed for appearances in lower jurisdictions. NSW redirects here. ... VIC redirects here. ... Slogan or Nickname: Sunshine State, Smart State Motto(s): Audax at Fidelis (Bold but Faithful) Other Australian states and territories Capital Brisbane Government Constitutional monarchy Governor Quentin Bryce Premier Anna Bligh (ALP) Federal representation  - House seats 28  - Senate seats 12 Gross State Product (2004-05)  - Product ($m)  $158,506 (3rd... Jabot Cosmetics is a fictional cosmetics business on the CBS daytime soap opera The Young and the Restless. ...


In Western Australia, the Australian Capital Territory and South Australia, the professions of barristers and solicitors are fused, but nonetheless an independent bar is in existence, regulated by those States' Legal Practice Boards. A similar arrangement exists in New Zealand. In Tasmania (Australia) the profession is fused although a very small number of practitioners operate as an independent bar. Slogan or Nickname: Wildflower State or the Golden State Other Australian states and territories Capital Perth Government Constitutional monarchy Governor Ken Michael Premier Alan Carpenter (ALP) Federal representation  - House seats 15  - Senate seats 12 Gross State Product (2005-06)  - Product ($m)  $107,910 (4th)  - Product per capita  $53,134/person... Capital Canberra Government Constitutional monarchy Administrator none Chief Minister Jon Stanhope (ALP) Federal representation  - House seats 2  - Senate seats 2 Gross Territorial Product (2006)  - Product ($m)  $19,167 (6th)  - Product per capita  $57,303/person (1st) Population (End of November 2006)  - Population  333,667 (7th)  - Density  137. ... For the song, see South Australia (song). ... Slogan or Nickname: Island of Inspiration; The Apple Isle; Holiday Isle Motto(s): Ubertas et Fidelitas (Fertility and Faithfulness) Other Australian states and territories Capital Hobart Government Constitutional monarchy Governor William Cox Premier Paul Lennon (ALP) Federal representation  - House seats 5  - Senate seats 12 Gross State Product (2004-05)  - Product...


Senior barristers appointed as "silks" are now referred to as "Senior Counsel" and append the letters S.C. to their names. "Queen's Counsel" are no longer appointed, except by the Federal Government and in South Australia and the Northern Territory; however those who were appointed as Q.C. have the choice of either becoming S.C. or retaining the older title. (Since only people appointed before the system changed can be a QC the name retains a certain cachet, so most of the remaining QCs have been happy to keep it.)


Barristers in Hong Kong

The legal profession in Hong Kong is also divided into two branches: barristers (where the Chinese name da lu shi, 大律師 is also used) and solicitors (where the Chinese name lu shi, 律師 is also used). British barristers wearing traditional dress. ... In the United Kingdom and countries having a similar legal system the legal profession is divided into two kinds of lawyers: the solicitors who contact and advise clients, and barristers who argue cases in court. ...


In Hong Kong, the rank of Queen's Counsel was granted prior to the handover of Hong Kong to China in 1997. After the handover to China, the rank has been replaced by Senior Counsel (postnominal SC). Senior Counsel may still, however, style themselves as silks, like their British counterparts. For information about The Times satire Queens Counsel, see Queens Counsel (comic strip). ... The transfer of the sovereignty of Hong Kong from the United Kingdom to the Peoples Republic of China (PRC) occurred on June 30, 1997. ... The title of Senior Counsel (postnominal SC; 資深大律師 in Hong Kong Cantonese [1] [2]; 高级律师 in Singapore Mandarin [3] [4]) or State Counsel is given to a senior barrister or advocate in some countries, especially in Commonwealth countries or jurisdictions in which the British monarch is no longer head of state, such... Post-nominal letters also called Post-nominal initials or Post-nominal titles are letters placed after the name of an individual to indicate that that individual holds a position, educational degree, accreditation, office, or honour. ...


Barristers in other jurisdictions

The United States does not draw a distinction between barristers and solicitors; all lawyers (who have passed a bar examination and have been admitted to practice) may argue in the courts of the state in which they are admitted. However, some state appellate courts require attorneys to obtain a separate certificate of admission to plead and practice in the appellate court. Federal courts require specific admission to that court's bar in order to practice 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. A bar examination is an examination to determine whether a candidate is qualified to practice law in a given jurisdiction. ...


Spain has a division which generally corresponds to the division in Britain between barristers/advocates and solicitors. Procuradores represent the interests of a litigant in court, while abogados is the general term for other lawyers. Procuradores are regulated by Royal Decree 2046 of 1982, which approved the General Statute of the Procuradores, and the Organic Law no.6 of 1985. The General Statute regulates the qualifications and conduct of the procuradores. Thus, obligations to act pro bono are laid down by Article 13.


In Germany, lawyers may only plead at the Federal Court of Justice (Bundesgerichtshof) if they are admitted to that court.[4] Fewer than 50 lawyers are admitted to the Bundesgerichtshof;[5] those lawyers may not plead at other courts, do in practice deal with litigation only, and are usually instructed by a lawyer who represented the client at lower courts. However, those restrictions do not apply to criminal cases, and not to pleadings at courts of the other court systems (neither to the labour, administrative, taxation, and social courts, nor to the EU court system).


In Nigeria, there is no formal distinction between barristers and solicitors. All lawyers who pass the bar examination and are called to the Nigerian bar by the Body of Benchers of the Nigerian Bar 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, Nigerian lawyers are required to enrol or 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). Senior Advocate of Nigeria (SAN) is a rank that may be conferred on legal practitioners in Nigeria of not less than ten years standing and who have distinguished themselves in the legal profession. ...


Barristers in fiction

There have been a number of famous portrayals of barristers in fiction:

Sydney Carton is a significant character in the novel A Tale of Two Cities by Charles Dickens. ... For other uses, see A Tale of Two Cities (disambiguation). ... Dickens redirects here. ... Cleese redirects here. ... A Fish Called Wanda is a movie released in 1988 by MGM. It was written by John Cleese and directed by Charles Crichton. ... Rumpole of the Bailey is a British television series created and written by British writer and barrister Sir John Mortimer, QC and starring Leo McKern as Horace Rumpole, an aging London barrister who defends any and all clients. ... This article is about the writer. ... Kavanagh QC is a British television series made by Carlton Television for ITV between 1995 and 2001. ... John Thaw (left) as Inspector Morse John Edward Thaw CBE (3 January 1942 – 21 February 2002) was an English actor who achieved his first starring role in the military police television drama Redcap (1964 – 1966), and subsequently appeared in a range of television, stage and cinema roles. ... Charles Percy Snow, Baron Snow, CBE (15 October 1905–1 July 1980) was a scientist and novelist. ... Sarah Caudwell (1939-2000) was a barrister and writer of detective stories, born Sarah Cockburn in Cheltenham, UK. She is best known for a series of four murder stories written between 1980 and 1999, centred around the lives of a group of young barristers practicing in Lincoln’s Inn and... Bridget Joness Diary is a 2001 film, based on the novel, also called Bridget Joness Diary, by Helen Fielding. ... The tone or style of this article or section may not be appropriate for Wikipedia. ... For other uses, see Fantasy (disambiguation). ... The Tales of Alvin Maker is a series of novels by Orson Scott Card that revolve around the experiences of a young man, Alvin Miller, who discovers he has incredible powers for creating and shaping things around him. ... Lennie James is a British actor. ... Outlaw is a 2007 film by director Nick Love and Vertigo Films, and starring Sean Bean, Danny Dyer, Bob Hoskins, Lennie James, Rupert Friend and Sean Harris. ... Charles Laughton (1 July 1899 – 15 December 1962) was an English stage and film actor. ... Billy Wilder (June 22, 1906 – March 27, 2002) was an Austrian-born, Jewish-American journalist, screenwriter, film director, and producer whose career spanned more than 50 years and 60 films. ... Agatha Mary Clarissa, Lady Mallowan, DBE (15 September 1890 – 12 January 1976), commonly known as Agatha Christie, was an English crime fiction writer. ... Witness for the Prosecution is a 1957 crime film based on a short story (and later play) by Agatha Christie. ... Serjeant-at-law (postnominal SL[1]) is an order of barristers at the English or Irish bar. ... Canterbury Tales Woodcut 1484 The Canterbury Tales is a collection of stories written by Geoffrey Chaucer in the 14th century (two of them in prose, the rest in verse). ... Chaucer redirects here. ... Laurence Olivier, as photographed in 1939 by Carl Van Vechten Laurence Kerr Olivier, Baron Olivier, OM (May 22, 1907 – July 11, 1989) was an English actor and director, esteemed by many as the greatest actor of the 20th century. ... The Divorce of Lady X was a 1938 British romantic comedy film made by London Films and distributed by United Artists. ...

See also

An advocate is one who speaks on behalf of another, especially in a legal context. ... This article does not cite any references or sources. ... A junior barrister is a barrister who has not yet attained the rank of Queens counsel. ... For information about The Times satire Queens Counsel, see Queens Counsel (comic strip). ... The title of Senior Counsel (postnominal SC; 資深大律師 in Hong Kong Cantonese [1] [2]; 高级律师 in Singapore Mandarin [3] [4]) or State Counsel is given to a senior barrister or advocate in some countries, especially in Commonwealth countries or jurisdictions in which the British monarch is no longer head of state, such... A solicitor is a type of lawyer in many common law jurisdictions, such as the United Kingdom, Hong Kong, Republic of Ireland, Australia, New Zealand and Canada, and in a few regions of the United States. ... A Solicitor Advocate is a solicitor who is qualified to represent clients as an advocate in the higher courts in England and Wales or Scotland. ...

External links

Look up barrister in
Wiktionary, the free dictionary.

Wiktionary (a portmanteau of wiki and dictionary) is a multilingual, Web-based project to create a free content dictionary, available in over 151 languages. ...

Australia

  • Australian Bar Association (barristers in the Commonwealth of Australia)
  • Bar Association of New South Wales (Australia)
  • Victorian Bar Association (Australia)
  • Queensland Bar Association (Australia)
  • South Australian Bar Association (Australia)
  • Western Australian Bar Association (Australia)

UK and Ireland

  • Bar Council (barristers in England and Wales)
  • Bar Library of Northern Ireland
  • Further material on advocates in Scotland
  • Irish Bar Council (barristers in the Republic of Ireland)

Other countries

  • Hong Kong Bar Association (barristers in Hong Kong)
  • Law Society of Hong Kong (solicitors in Hong Kong)
  • Canadian Bar Association

Footnotes

  1. ^ Part of this is cost. Barristers are entitled to a "brief fee" when a brief is delivered, and this represents the bulk of their fee in relation to any trial. They are then usually entitled to a "refresher" for each day of the trial after the first. As many trials settle in the last few days before the hearing, many solicitors seek to save costs by delaying delivery of the brief until the last possible moment.
  2. ^ In insurance contracts there is often the requirement to seek the expert opinion of counsel where the policy contains what is known as "a QC clause".
  3. ^ Practice Direction
  4. ^ § 78 of the Zivilprozessordnung.
  5. ^ As of 25 September 2007. See the list of lawyers admitted to the Bundesgerichtshof:[[1]]
Insurance, in law and economics, is a form of risk management primarily used to hedge against the risk of a contingent loss. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... In insurance law, a QC clause is a clause in an insurance policy (usually but not exclusively a professional indemnity insurance policy) that provides that an action against the insured is not to be contested unless a Queens Counsel (or QC) advises that the defence has a reasonable prospect...

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