Call to the bar
From Wikipedia, the free encyclopedia
The Call to the Bar is a term of art in most common law jurisdictions. Such jurisdictions distinguish two types of lawyers:
- Barristers are licensed to argue cases in superior courts;
- Solicitors are licensed for legal practice outside of the courtrooms, e.g. providing legal advice to lay clients.
Those who are licensed to argue in court are said to have been "called to the bar" or to have received a "call to the bar". A lawyer may have both types of license. The precise terminology may vary among the nations.
A call ceremony takes place at the barrister's Inn of Court, usually in the lawyer's pupillage year. Call is initially to the utter (outer) bar, in contrast to the inner bar of the Queen's Counsel. For solicitors, the equivalent is to be "admitted as a solicitor", "enrolled as a solicitor" or "admitted and enrolled as a solicitor".
[edit] History
Common law jurisdictions were all at one time part of the British Empire. Being called to the bar has its origin in the royal summons that was issued to one seen fit to serve in the royal court at the monarch's pleasure.
[edit] Particular nations
Common law jurisdictions include Australia, England, Wales, New Zealand, Hong Kong SAR, Ireland, Scotland, most other jurisdictions in the Commonwealth of Nations, and the United States.
- Canada: In common law Canadian provinces, despite the legal profession being a fused one (i.e., lawyers are qualified as both barristers and solicitors), the certificate issued by the provincial Law Society 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 Ontario and Manitoba, 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 Quebec, the civil law notary is very similar to the solicitor.
- New Zealand: As in Canada, the legal profession is fused. A lawyer in New Zealand is admitted as a Barrister and Solicitor of the High Court of New Zealand. Once admitted, New Zealand lawyers are able to practice in either mode provided they hold a practicing certificate. Admission is overseen by one of the fourteen District Law Societies.
- United States: Generally, lawyers are said to have been "admitted to the bar" and become "attorney and counselor at law" upon taking their 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 no legal force in the United States. The phrase "called to the bar" is still used in an informal or rhetorical sense.
