A barrister (also known as lawyer-in-law or bar-at-law ) is a type of lawyer in general law jurisdiction. Barristers mostly specialize in courtroom advocacy and litigation. Their duties include taking cases in superior courts and tribunals, drafting requests for law, examining philosophy, hypotheses and legal history, and providing expert legal opinions. Often, lawyers are also recognized as legal scholars.
Barristers are distinguished from lawyers, who have more direct access to clients, and can perform transactional legal work. These are primarily lawyers appointed as judges, and they are rarely employed by clients directly. In some legal systems, including those from Scotland, South Africa, Scandinavia, Pakistan, India, Bangladesh, and Britain's dependence from Jersey, Guernsey and the Isle of Man, lawyers are also regarded as honorary titles.
In some jurisdictions, attorneys are usually prohibited from "conducting" litigation, and can only act on the instructions of lawyers, who perform such duties in accordance with parties and courts, and compile court documents. In England and Wales, lawyers may request authorization from the Standard Bar Board to conduct litigation. This allows a lawyer to practice in 'double capacity', fulfilling the role of both lawyers and lawyers.
In some countries with common law legal systems, such as New Zealand and some Australian territories, attorneys are entitled to practice both as lawyers and lawyers, but remain a separate system of qualifications to practice exclusively as a lawyer.
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Difference between lawyer and other lawyer
Differences
A lawyer, who may be considered a jurist, is a lawyer representing a lawyer as a lawyer before a court of jurisdiction that is appropriate. A lawyer speaks in court and files the case before a judge or jury. In some jurisdictions, an attorney receives additional training in legal evidence, ethics, and judicial practice and procedures. Instead, an attorney generally meets with clients, does preparatory and administrative work and provides legal advice. In this role, he can compile and review legal documents, interact with clients as necessary, prepare evidence, and generally manage the day-to-day administration of the lawsuit. An attorney can provide an important supporting role for a lawyer when in court, such as managing large amounts of documents in the case or even negotiating a settlement outside the courtroom while the trial continues inside.
There are other important differences. A lawyer will usually have an audience right in a higher court, while other legal professionals will often have more limited access, or need to obtain additional qualifications to have such access. As in common law countries where there is a separation between the role of lawyers and lawyers, lawyers in the jurisdiction of civil law are responsible for appearing in court or pleading cases before the court.
Barristers usually have special knowledge about the law of the case, precedents, and skills to "build" a case. When a lawyer in common practice is confronted with an unusual legal point, they can seek "opinion advice" on this issue.
In most countries, lawyers work as sole practitioners, and are prohibited from forming partnerships or from working as lawyers as part of a company. (In 2009, the Clementi Report recommended the removal of these restrictions in England and Wales.) However, lawyers usually join together into "rooms" to share clerks (administrators) and operational costs. Some booths grow big and sophisticated, and have a clear corporate feel. In some jurisdictions, they may be employed by law firms, banks, or corporations as legal counsel within the company.
In contrast, lawyers and lawyers work directly with clients and are responsible for involving lawyers with appropriate expertise for the case. Barristers generally have little or no direct contact with their 'lay client', especially without the presence or involvement of lawyers. All correspondence, inquiries, invoices, etc., will be directed to lawyers, who are primarily responsible for attorneys' fees.
In court, lawyers often look different from lawyers with their clothes. For example, in Ireland, England, and Wales, a lawyer usually wears horsehair wigs, stiff collars, bands, and dresses. Since January 2008, attorney lawyers are also entitled to wear a wig, but wear a different dress.
In many countries, the traditional divide between lawyers and lawyers breaks down. Barristers had enjoyed a monopoly over appearances before a higher court, but in the UK it has now been abolished, and advocate lawyers can generally show up for clients in court. Increasingly, law firms even hold the most sophisticated advisory and litigation jobs within the company for reasons of economic and client relationship. Likewise, lawyers' bans who took direct instruction from the public have also been wiped out widely. In practice, however, direct instruction is still uncommon in most jurisdictions, in part because narrow-minded lawyers, or who are only really trained for advocacy, are not ready to offer public advice to members.
Historically, lawyers have a major role in court preparation, including drafting requests and reviewing evidence. In some areas of law, it still happens. In other areas, it is relatively common for lawyers to receive briefs from lawyers who teach to represent clients in court just one or two days before proceeding. Part of the reason is cost. An attorney is entitled to a 'short charge' when a brief is presented, and this represents most of his pay in relation to any trial. They are usually entitled to a 'refresher' for each day of the trial after the first. But if a case is settled before the trial, a lawyer is not required and a short fee will be in vain. Some lawyers avoid this by delaying the submission of a brief report until it is certain the case will be prosecuted.
Justification for a separate profession
Some of the benefits of maintaining the separation include:
- Have an independent lawyer reviewing a series of actions to give clients a fresh and independent opinion from an expert in a different field than an attorney who can maintain a long-term and sustainable relationship with the client.
- In many jurisdictions, the judge is appointed from the bar. Because lawyers do not have long-term client relationships, and are further removed from clients than lawyers, appointed judges are more independent.
- Having another avenue for all bar specialist lawyers can allow smaller companies, who can not maintain a large specialist department, to compete with larger companies.
- A lawyer acts as a tester to a trial lawyer; if it is clear that the claim or defense is not properly done by the lawyer before the trial, the attorney may (and usually has an obligation to) advise the client about the possibility of a separate claim against the lawyer.
- Expertise in testing, due to the fact that the attorney is a specialist attorney.
- In many jurisdictions, attorneys must follow the taxi rank rules, which require them to receive short if they are in their area of ​​expertise and if available, facilitate access to justice for unpopular people.
Some of the disadvantages of disunity include:
- The diversity of legal counsel can lead to lower efficiency and costs, a concern for Sir David Clementi in his review of the British legal profession.
- Since they are removed further from the client, the attorney can not understand the client's needs.
A detailed examination of the justification for a separate legal profession and arguments in favor of a united profession can be found in the English lawyer Peter Reeve 1986, Are Two Legal Professions Needed?
Maps Barrister
Rule
Barristers are governed by the Bar for jurisdictions in which they practice, and in some countries, by the Inn of Court where they reside. In some countries, there are external regulations.
Lodging Courts, where they exist, organize acceptance into the profession. The Court Lodge is an independent community in charge of training, acceptance (calling), and attorney discipline. Where they exist, one can only be called to the Bar by the Inn, where they must first become members. In fact, historically, the call and success in the Bar, to a great extent, depends on the social connections made early in life.
A Bar collectively describes all members of the lawyer's profession within a given jurisdiction. While the bar minimum is an association that embraces all its members, it usually happens, either de facto or de jure, that the Bar is invested with regulatory power over the manner in which the lawyer acts.
Barristers around the world
In the common law tradition, the role of each lawyer - who as a legal counsel and advocate - is formally divided into two separate and regulated sub-professions, the other is a lawyer's office. Historically, the difference is absolute, but in the age of modern law, some countries that have separate legal professions now have a unified profession - anyone who is entitled to practice as a lawyer can also practice as a lawyer, and vice versa. In practice, the difference may not be there, small, or marked, depending on the jurisdiction. In some jurisdictions, such as Australia, Scotland and Ireland, there is little overlap.
Australia
In the Australian state of New South Wales, Victoria and Queensland, there is a separate profession. However, depending on the conditions, the attorney can accept the job of direct access from the client. Each Bar country association governs the profession and basically has the function of the English Inns of Court. In the states of South Australia and Western Australia, as well as the Australian Capital Territory, the lawyer profession and lawyers are united, but independent bars remain, governed by the State or Territory Law Practice Council. In Tasmania and the Northern Territory, the profession is united, although a small number of practitioners operate as independent bars.
Generally counseling clothes in the traditional English way (wigs, dresses, and jabot) in the presence of a higher court, though this is usually not done for on the sidelines applications. Wigs and robes are still used in the Supreme Court and District Court in civil matters and dependent on the clothing of the judicial officers. Robes and wigs are worn in all criminal cases. In Western Australia, wigs are no longer imposed in any court.
Each year, the Bar Association appoints certain seniority and eminence counsel to the rank of "Senior Advisor" (in most States and Territories) or "Queen Counsel" (in Northern Territory, Queensland, and Victoria). Such attorneys carry the title "SC" or "QC" after their name. The appointment was made after consultation with members of the profession and the judiciary. Senior advice comes in very complex or difficult cases. They make up about 14 percent of the bars in New South Wales.
Bangladesh
In Bangladesh, the laws relating to Barristers are the Bangladesh Legal Practitioner and Bar Council Order, 1972 (Presidential Order No.46) as amended as regulated and enforced by the Bangladesh Bar Council. Bangladesh Bar Council is the highest legal entity to govern the legal profession in Bangladesh and ensures the standard of education and compliance regulations by Advocates on the Bar Council rolls. The Bar Council, with the help of the government, regulates the rules to govern the profession. All graduates of law who educate from within or abroad should write and pass the Bar Council Inspection to be registered and accepted as a professional Advocate to practice law as either Barristers & Lawyer. Newly enrolled advocates are allowed to start practice in a lower (district) court after admitting as members of the local Bar Association (District). After two years of Practice in the lower courts, Advocates are entitled to be registered at the High Court of Bangladesh Supreme Court. By graduating from Bar Council Examination, advocates are issued with registration certificates and permits in the form prescribed for practice in the High Court of the Supreme Court Division as well. Only the supporters who became Barrister in England defended their honorary title as a lawyer. In Bangladesh there is an association called Barrister Barristers Association in Bangladesh that represents the barrister of the U.K. base. [10]
Canada
In Canada (excluding Quebec), the lawyers 'and lawyers' profession is united, and many lawyers call themselves by both names, even though they do not practice in either field. In ordinary language in the Canadian legal profession, lawyers often refer to themselves as "litigators" (or "barristers"), or as "lawyers", depending on the nature of their legal practice though some may be in practice as both litigators and lawyers. However, "litigators" will generally perform all litigation functions traditionally committed by lawyers and lawyers; Conversely, those who call themselves "lawyers" will generally limit themselves to legal work that does not involve practice before the courts (even in the manner of preparation as do lawyers in England), although some may practice before the judges of the chamber. As is practiced in many other Commonwealth jurisdictions such as Australia, Canadian litigators are "gowned", but without wigs, when it appears before the court of "superior jurisdiction". All graduates of law from the Canadian Law school, and NCA Qualified certificates (internationally trained lawyers) of the Federation of Canadian Legal Communities after completing more than a year of ship-articles in law firm Bar writes and attorney examinations as determined by their professional regulatory bodies, the Society Law (eg Law Society of Upper Canada). The graduating candidate is called for Barrister's lawyer level and issued with a Certificate of Attorney and Attorney and confesses the practice in his Bar Pergong under the control of the Society.
The situation is somewhat different in Quebec as a result of civil law traditions. The profession of lawyers, or avouÃÆ' Â © , has never occupied the colonial of Quebec, so lawyers have traditionally been a united profession, arguing and preparing cases in controversial matters, while Quebec is another type of lawyer, notary legal-civil ( notaires ), handling non-controversial issues out of court. However, a number of areas of private law that are not disputed are not monopolized by a notary so that lawyers often specialize in handling either trials, cases, consultations, or non-judicial issues. The only drawback is that lawyers can not develop public instruments that have the same legal force as the notarial act. Most law firms in Quebec offer legal services law firms in the common-law province. Interested Quebec lawyers must obtain a bachelor's degree in civil law, pass a provincial examination, and successfully complete a legal internship for acceptable practice. Lawyers are governed by the Quebec Law Society ( Barreau du QuÃÆ' Â © bec ).
French
In France, avocats , or lawyers, is, until the 20th century, the equivalent of a lawyer. The profession includes some rankings ranked by seniority: avocat-stagiaire (trainees, who are qualified but required to complete two years (or more, depending on the period) of training with experienced lawyers), avocat , and avocat honor (senior lawyer). From the 14th and 19th centuries in particular, French lawyers competed in territorial battles over individual areas of legal practice against conseil juridique (legal counsel, transactional lawyer) and avouÃÆ'Â © (procedural lawyers), and expanded to become a generalist legal practitioner, with notable exception notaries, who are lawyers appointed by ministries (with separate qualifications) and who maintain exclusivity over directives and endorsement of judges. After the 1971 and 1990 legal reforms, avocat were combined with avouÃÆ'Â © and juridical conseil , making avocat (or, if women, seek ) multi-purpose lawyers for controversial jurisdictional issues, analogous to an American lawyer. French lawyers usually do not (though they have the right) to act as litigators and legal consultants (advising lawyers), known respectively as avocat plaidant and avocat-conseil me. But this difference is purely informal and does not match the qualification differences or entry into the list. All lawyers wishing to pass the exam can apply to one of the Center rÃÆ'Â © gional de formation ÃÆ' la profi d'avocat (CRFPA) (Regional Center for attorney training). The CRFPA course has a duration of two years and is a blend of classroom and apprenticeship teaching. The climax is the final stage, where a lawyer wishes to spend 6 months at a law firm (generally in his/her favorite practice field and in the company where he or she wishes to be recruited afterwards). The intending lawyer must then pass the Certificat d'Aptitude ÃÆ' la Profession d'Avocat (CAPA), which is the last professional examination that allows him to join the barreau bar (barreau). It is generally recognized that the first examination is much more difficult than the CAPA and is feared by most law students. Each bar is governed by the Bar Council ( Ordre du barreau ).
German
In Germany, no distinction is made and lawyers may plead in all courts with the exception of civil branches of the Federal Court ( Bundesgerichtshof ) of which less than fifty lawyers are recognized on 25 September 2007 See list of lawyers accepted at Bundesgerichtshof . The lawyer may not appeal to another court, almost only deal with litigation, and is usually instructed by lawyers representing clients in lower courts. However, this restriction does not apply to criminal cases, or advocates in other court system courts (labor, administration, taxation, and social justice, as well as the EU court system).
Hong Kong
The legal profession in Hong Kong is also divided into two branches: lawyers and lawyers.
In the High Court and Final Court of Appeals, as a general rule, only lawyers and lawyers are allowed to speak on behalf of one of the parties in an open court. This means that lawyers are forbidden to do so. In both courts, lawyers dressed in traditional English, such as judges and other lawyers.
In Hong Kong, the rank of Queen Counsel was given prior to the transfer of Hong Kong sovereignty from the United Kingdom to China in 1997. After the handover of the rank, the rank has been replaced by post-nominal letters Senior Adviser: SC. However, Senior Advisors can still organize themselves as silk, just like their English counterparts.
India
In India, the law relating to Barrister is the Advocates Act, 1961 introduced and thought up by Ashoke Kumar Sen, India's law minister, which is a law passed by Parliament and administered and enforced by the Bar Council of India. Under the law, the Bar Council of India is the highest governing body to govern the legal profession in India and also to ensure legal compliance and maintenance of professional standards by the legal profession in the country. To this end, the Bar Council of India is authorized to issue regulations and make orders in individual cases as well as in general.
Each State has its own Bar Council which functions to register the Barrister who are willing to practice predominantly within the territorial boundaries of that State and to perform the functions of the Bar Council of India within the territory assigned to them. Therefore, every legal title holder must be registered with a Bar State Council (single) to practice in India. However, registration with any State Council does not restrict Barrister to appear before any court in India, even though it is outside the territorial jurisdiction of the State Bar Council where it is registered. The advantage of having a State Bar Board is that the workloads of the Bar Council of India can be divided into various Country Council Bars as well as things that can be handled locally and in an expedited manner. However, for all practical and legal purposes, the Bar Council of India defends it, the final power to make decisions in all matters relating to the legal profession as a whole or in connection with any process as it is entitled to practice in India there are two. First, the applicant must be a law degree holder of a recognized institution in India (or from one of the four recognized universities in the UK) and secondly, must pass the Bar Country registration qualification of the country where he/she is attempting to be registered. To this end, the Bar Council of India has an internal Committee functioning to supervise and examine the various institutions that give law titles and give recognition to these institutions once they meet the required standards. In this way the Indian Bar Council also ensures the education standards required to practice in India are met. With regard to qualifications for registration with the State Bar Council, while the actual formality may vary from one State to another, the majority of them ensure that the application is not bankrupt/criminal and is generally suitable for training in Indian courts. Registration with the Attorney Council also means that legal title holders are acknowledged as lawyers and must maintain professional standards of conduct and conduct at all times, both within and outside the profession. The Bar Council of India also regulates the "Code of Conduct" to be observed by Barristers in court, when interacting with clients and vice versa.
ireland
In the Republic of Ireland, reception to the Bar by the Supreme Court of Ireland is limited to those awarded the Barrister-at-Law (B.L.) title first awarded. The Honorable Society of King's Inns is the only educational institution that runs vocational courses for lawyers in the Republic and Barrister-at-Law degrees can only be granted by King's Inns. King's Inns is also the only body with the capacity to call individuals to bars and throw them away.
Most Irish lawyers choose to be governed by the Irish Bar Council, a privately-privatized entity. Senior members of the profession may be chosen to be appointed to Inner Batin, when they can describe themselves as Senior Advisors ("S.C."). Entry into Inner Batin is made by declaration before the Supreme Court, the preferred patent granted by the Government. Irish lawyers are single practitioners and can not form rooms or partnerships if they wish to remain a member of the Bar Council Law Library.
To practice under the rules of the Bar Council of Ireland, a qualified new lawyer apprenticeship to an experienced lawyer with at least seven years experience. This internship program is known as pupillage or devilling. Recognition is mandatory for lawyers who want to become members of the Law Library and last for one year of law. It is common for Satan for the second year in a less formal arrangement but this is not mandatory.
Israel
In Israel there is no difference between lawyers and lawyers, although the judicial system is largely based on English common law, as a continuation of the British Mandate in Palestine.
Japanese
Japan adopted an integrated system. However, there are certain classes of qualified professionals who are allowed to practice in certain limited areas of law, such as the shiho shoshi writing expert, who is eligible to handle the degree, deposit, and certain court proceedings with additional certification), tax accountants ( "zeirishi" , are eligible to prepare tax returns, advises on tax calculations and represents clients in administrative tax applications) and patent agents > "benrishi" , is eligible to practice patent registration and represents the client in an administrative patent application). Only lawyers ( "bengoshi") may appear before the court and are eligible to practice in any field of law, including, but not limited to, areas where the above-mentioned legal jurists allowed to practice. Most lawyers still focus primarily on court practice and there are still very few lawyers who provide sophisticated and experienced legal advice on days to large companies. Dutch
The Dutch used to have a semi-detached legal profession consisting of lawyers and procureurs, the latter resembling, to some extent, the lawyer's profession. Under the system, lawyers are entitled to represent their clients in law, but can only file cases before the court where they are registered. Cases under the jurisdiction of other courts must be filed by the court-registered procureur, in practice often other lawyers carrying out both functions. Questions are raised about the need for separation, given the fact that the ultimate goal - the preservation of the quality of the legal profession and the adherence to local court rules and customs - has become obsolete. Therefore, procureur as a separate profession was removed and its function joined the legal profession in 2008. Currently, lawyers can file cases to any court, regardless of where they are registered. The only notable exception is the cases brought to the Supreme Court, which must be handled by registered lawyers in the districts of South Holland, primarily for qualitative reasons.
New Zealand
In New Zealand, the profession does not officially merge but the practitioners are registered in the High Court as "Barristers and Solicitors". They can choose, however, to practice as sole lawyers. About 15% practice only as lawyers, especially in big cities and usually in "rooms" (following English terminology). They receive "instructions" from other practitioners, at least nominally. They usually do the whole process.
Any lawyer can apply to become a Queen Counselor (QC) to acknowledge long-term contributions to the legal profession but this status is only granted to those who practice lawyers in exceptional circumstances. This move, referred to as "being called into the inner bar" or "taking silk", is considered very prestigious and has been a step in the careers of many New Zealand judges.
Unlike other jurisdictions, the term "popular junior lawyer" is used to refer to a lawyer who holds a practice certificate as a lawyer, but is employed by a more senior lawyer. Generally, junior lawyers are still in the first five years of practice and are not yet qualified to practice as sole lawyers. Barristers sole (ie lawyers who are not employed by other lawyers) who are not Queen Counselors are never referred to as junior lawyers.
Nigeria
In Nigeria, there is no formal distinction between lawyers and lawyers. All students who pass bar exam - offered exclusively by Nigerian Law School - are summoned to the Nigerian bar, by Body of Benchers. Lawyers may argue in Federal courts or appeals courts as well as courts in 36 states of Nigeria and the Federal Capital Territory. The Law Practitioners Act, referring to Nigerian lawyers as a Legal Practitioner, and after their call to the Bar, Nigerian lawyers have listed their name in the list or the Legal Practitioner's Rolls kept in the Supreme Court. Perhaps for this reason, a Nigerian lawyer is also often referred to as Barrister and the Lawyer of the Nigerian Supreme Court, and many Nigerian lawyers call themselves Barrister-at-Law complete with the postnominal initials "B.L.".
The majority of Nigerian lawyers combine controversial and uncontroversial work, although there is a growing trend for practitioners in larger practices to specialize in one or the other. In everyday language in the Nigerian legal profession, lawyers may be for this reason referred to as "litigators" or as "lawyers".
Consistent with practice in the UK and elsewhere in the Commonwealth, senior members of the profession may be elected to be appointed to Inner Batin with the award of Senior Nigerian Advocate (SAN).
Pakistan
In Pakistan to practice as a Barrister, law graduates must complete three steps. They must pass the Bar Practice and Training Course (BPTC), summoned to the Bar by the Inn of Court of England and Wales and obtain a license to practice as an advocate in the Pakistani Court of the relevant, provincial or federal Bar Council.
Polish
In Poland, there are two main types of legal professions: advocates and legal counsel. Both are arranged and this profession is limited only to people who have passed five years of legal studies, have at least three years of experience and passed five difficult national examinations (civil law, criminal law, corporate law, administrative law and ethics) or have a doctoral degree in law. Before 2015, the only difference is that advocates have the right to represent clients before the court in all cases and legal counsel can not represent clients before the court in a criminal case. Currently, legal counsel can also represent clients in criminal cases so that at present, the difference between these professions is only historical significance.
South Africa
In South Africa, the work and practice of advocates (as lawyers in South Africa) are consistent with other parts of the Commonwealth. Advocates carry the rank of Junior or Senior Counsel (SC), and most are briefed and paid for by lawyers (known as lawyers). They are usually employed in higher courts, especially in the Court of Appeals where they often appear as specialist advisers. South African lawyers (lawyers) followed Counsel's case-referring practice to opinion before proceeding with a case, when Counsel was in the practice of questioning as a specialist in legal cases at stake. Proponents who aspire now spend a year in the learning process (previously only six months) before being accepted in the bar in their respective provincial or judicial jurisdictions. The term 'Advocate' is sometimes used in South Africa as the title, e. g. 'Advocate John Doe, SC' ('Advokaat' in Afrikaans) in the same way as' Dr. John Doe 'for a medical doctor.
South Korea
In South Korea, there is no difference between the judiciary and the lawyers. Previously, a person who has passed the national exam after two years of national education may be a judge, prosecutor, or "lawyer" according to their grades upon graduation. As a result of changes from the adoption of the accommodated law school system, there are two standard ways to become a lawyer. Under the current legal system, to be a judge or a prosecutor, lawyers need to practice their legal knowledge. A "lawyer" has no practice restrictions.
Spanish
Spain has divisions but is not in line with divisions in the UK between lawyers/lawyers and lawyers. Procuradores represents the court procedurally in court, generally under the authority of the power of attorney executed by notary civil law, while United States
The United States does not draw the distinction between lawyers as lawyers and lawyers as agents (or lawyers). All lawyers who have passed the bar exam and have been accepted for practice may prosecute or defend in the courts of the country in which they are accepted. Historically, distinctions were made, and separate labels for lawyers (called "counselors", so the expression "lawyers and counselors in law") existed in certain countries, although both professions have long been incorporated into all-round attorneys use. Lawyers specializing in court procedures, incorporating advocacy and case preparation, are called trial lawyers or litigators .
South Carolina no longer needs a lawyer to be licensed separately to appeal in the courtroom. In addition, some state appeals courts require lawyers to obtain separate admissions certificates to appeal and practice at the appeals court. Federal courts require special recognition to the court bar to practice before that. At the state appeal level and in Federal courts, there is generally no separate review process, although some district courts in the United States require examination of practices and procedures in their special courts. Unless an examination is required, acceptance is usually provided as a matter of course for licensed lawyers in the state where the court is located. Some federal courts will grant admission to any attorney licensed in any US jurisdiction.
United Kingdom
England and Wales
Despite the slightly different laws, England and Wales are considered in Great Britain as single and unified legal jurisdictions for civil and criminal law purposes, along with Scotland and Northern Ireland, two other jurisdictions in the United Kingdom. England and Wales are covered by a public bar (an attorney organization) and a legal community (an attorney organization).
The profession of lawyers in England and Wales is a separate profession from lawyers. However, it may be possible to hold the qualifications of both lawyers and lawyers at the same time. No need to leave the bar to qualify as a lawyer.
Barristers is governed by the Bar Standards Board, a division of the General Council of the Bar. An attorney should be a member of one of the High Courts, which is a traditionally educated and traditionally educated barrister. There are four Court Inns: The Revered Society of Lincoln's Inn, The Honorable Society of Gray's Inn, The Honorable Society of the Central Temple, and the Honorable Society of Inner Temple. All located in central London, near the Royal Courts of Justice. They perform scholastic and social roles, and in all cases, provide financial assistance to student lawyers (on merit) through scholarships. This is a Inn that actually "calls" students to the Bar at a ceremony similar to graduation. Social functions include eating with members and other guests and organizing other events.
A law graduate who wants to work and is known as a lawyer must take Bar Professional Training Course (BPTC - formerly Bar Vocational Course or BVC) in one of the institutions authorized by the Bar Board to offer BPTC. Upon successful completion of BPTC student lawyers "summoned" to the bar by their respective lodgings and appointed to "Barrister" level. However, before they can practice independently they must first do 12 months of preparation. The first six months of this period are spent overshadowing more senior practitioners, after which pupil lawyers can begin to do some of their own court work. Upon successful completion of this phase, most attorneys then join a set of Chambers, a group of advisors who share place fees and support staff while remaining self-employed on their own.
In December 2014 there were only 15,500 lawyers in independent practice, of which about ten percent were Counselors of the Queen and the rest were junior lawyers. Many lawyers (about 2,800) work in companies as 'home-at-home' advisers, or by local or national governments or in academic institutions.
Some lawyers in England and Wales are now instructed directly by community members. Community members may use the services of an attorney directly within the framework of the Public Access Scheme; a lawyer is not involved in any stage. Barristers who undertake public access work may provide legal advice and representation in courts in almost all areas of the law (see Public Access Information on the Attorney Council's website) and have the right to represent clients in any court or court in England and Wales. Once the client's instructions are received, it is a lawyer (not a lawyer) who advises and guides clients through relevant legal or litigation procedures.
Before a lawyer can do Public Access work, they must complete a special course. Currently, about one in 20 lawyers is so capable. There is also a separate scheme called 'Licensed Access', available for the nominated professional clientele class; not open to the general public. Public access jobs are experiencing a huge spike in bars, with lawyers taking advantage of new opportunities for bars to benefit in the face of legal aid cuts elsewhere in the profession.
The ability of lawyers to accept such instructions is the latest developments; This resulted from a change in the rules set by the General Bar Board in July 2004. The Public Access Scheme has been introduced as part of the drive to open the legal system to the public and to make it easier and cheaper to gain access to legal advice. This further reduces the difference between lawyers and lawyers. However, the difference remains because there are certain aspects of the role of lawyers that a lawyer can not do.
Some honor suffix to signify a well-known lawyer is probably Esquire . Although the term lawyer-in-law is sometimes seen, and once very common, it was never officially true in England and Wales. Barrister is the only correct nomenclature.
Northern Ireland
In April 2003 there were 554 lawyers in independent practice in Northern Ireland. 66 is Queen's Counsel (QCs), a lawyer who has earned a high reputation and is appointed by the Queen on the recommendation of Lord Chancellor as a senior adviser and adviser.
Non-QC lawyers are called Junior Counsel and are set to "BL" or "Barrister-at-Law". The term junior is often misleading as many members of Bar Junior are experienced lawyers with considerable expertise.
Benchers, and has for centuries, the governing body of four Inns of Court in London and King's Inns, Dublin. The Innkeepers of the Inn of Northern Ireland arranged the Inn until the enactment of the Constitution Inn in 1983, which stipulates that the Government Inn is divided between Benchers, Executive Board Inn and Inn members assembled in a General Meeting.
The Executive Board (through its Education Committee) is responsible for considering the Warnings filed by applicants to be accepted as students from the lodge and by Bar students at the Inn to enter Barrister-at-Law level and make recommendations to the Benchers. The final decision on this Warning was taken by the Benchers. The Benchers also have the exclusive power to evict or suspend a Bar student and disarm a lawyer or suspend a lawyer from practice.
The Executive Board is also involved with: education; student fees; calling a lawyer to the Bar, although a call to the Bar was made by the Chief Justice of Northern Ireland at the invitation of the Benchers; the administration of the Library Bar (which all members practice from the Bar owned by); and relate to related bodies in other countries.
The Bar Council is responsible for maintaining Bar's standards, honor and independence and, through the Professional Conduct Committee, receives and investigates complaints against members of the Bar in their professional capacity.
Scotland
In Scotland, an advocate, in everything but a name, a lawyer, but there are significant differences in professional practice.
In Scotland, the acceptance and execution of the profession is regulated by the Faculty of Advocates (compared to the Inn).
Dependencies of dependence and UK Outside UK
Isle of Man, Jersey and Guernsey
In Bailiwick Jersey, there are lawyers (called ecrivains ) and supporters (French avocat ). In Bailiwicks of Jersey and Guernsey and at the Isle of Man, Advocates perform a combined function of both lawyers and lawyers.
Gibraltar
Gibraltar is a British Overseas Territory that has a legal profession based on common law. The legal profession includes lawyers and lawyers with most lawyers also acting as lawyers. Acceptance and disciplinary problems in Gibraltar are handled by the Bar Council of Gibraltar and the Supreme Court of Gibraltar. In order for lawyers or lawyers to be accepted as lawyers in Gibraltar, they must comply with the Supreme Court Act of 1930 as amended by the Amendment of the 2015 Amendment Act which requires, inter alia, for all newly accepted lawyers as of 1 July 2015. to attend the course of the year in Gibraltar's law at the University of Gibraltar. The lawyers also have the right of audience in the courts of Gibraltar.
Popular culture
- Rumpole of the Bailey (UK) - classic courtroom series
- Kavanagh Q.C. (1995-2001) (English)
- North Square (2000) (UK) - Channel 4 court drama series contains interactions between lawyers and lawyers
- Bridget Jones Diary (2001) - Mark Darcy's main character is described as a 'top lawyer.'
- Silk (2011-2014) (UK) - BBC court drama series
- Rake (2010-2014) - Australian TV series based on the story of colorful lawyers
- Sydney Carton - central character, a lawyer, at Charles Dickens A Tale of Two Cities
- Witness for Prosecution , where the central character is attorney Robert Wilfred Robards, QC
- Arnold Timsh - Target in The Knife of Dunwall, expansion on Dishonored video games
See also
- Barristers' Ball
- Legal profession in England and Wales
- Revise the Barrister
- Custom Applicant
- Serjeant-at-law
References
Further reading
- Abel, Richard L. English Legal Profession Making: 1800-1988 (1998), 576pp
- Lemmings, David. Gentlemen and Lawyers: British Court and Bar Lodge, 1680-1730 (Oxford 1990)
- Levack, Brian. Civil lawyers (Oxford 1973)
- Continue, Wilfrid. Lodging Court (1972)
- Continue, Wilfrid. The Rise of the Barristers (1986)
External links
- Ã, "Barrister". EncyclopÃÆ'Â|dia Britannica . 3 (issue 11). 1911.
- Hong Kong Bar Association (lawyer in Hong Kong)
- Law Society of Hong Kong (attorney in Hong Kong) at Library of Congress Web Archives (archived 2006-07-23)
- Canadian Bar Association
- Who-the lawyer
Australia
- Australian Bar Association (Attorney at Commonwealth of Australia)
- New South Wales Bar Association (Australia) at Wayback Machine (archived 2011-03-13)
- The Victorian Bar (Australia)
- The Queensland Bar Association (Australia)
- Bar Association of South Australia (Australia)
- Western Australian Bar Association (Australia)
- The Northern Territory Population Association (Australia)
English and Irish
- Barrister Magazine
- Inside Shrine
- Bar Council (lawyers in England and Wales)
- Library of Northern Ireland Bar
- Faculty of Advocates in Scotland
- Irish Bar Council (attorney in the Republic of Ireland)
- The difference between lawyers and lawyers
- Access the free open source legal search tool on the Wayback Machine (archived 2010-10-08)
- Structural advice and training for the Bar
- Barrister vs QC in the Wayback Machine (archived 2013-12-19)
Source of the article : Wikipedia
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