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Thecall to the bar[1] is a legalterm of art in mostcommon 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 "call to the bar". "The bar" is now used as acollective noun forbarristers, 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 theirbriefs.
Like many other common law terms, the term originated inEngland in theMiddle Ages, and thecall to the bar refers to thesummons issued to one found fit to speak at the "bar" of the royal courts. In time, Englishjudges allowed only legally qualified men to address them on the law and later delegated the qualification and admission of barristers to the fourInns of Court. Once an inn calls one of its members to its bar, they are thereafter a barrister. They may not, however, practise as a barrister until they have completed (or been exempted from) an apprenticeship calledpupillage. After completing pupillage, they are considered to be a practising barrister with aright of audience before all courts.
England and Wales and some otherjurisdictions distinguish two types oflawyers, who are regulated by different bodies, with separate training, examinations, regulation and traditions:
A solicitor must qualify as asolicitor-advocate 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.
Common law jurisdictions includeAustralia, England and Wales,New Zealand,Canada,Hong Kong,India,Nigeria, theRepublic of Ireland,Northern Ireland and most jurisdictions in theCommonwealth of Nations and theUnited States (theSee also section below contains links to articles on the laws of these jurisdictions).
In Australia, the status of the legal profession differs from state to state:
Most Australian barristers will have previously worked as solicitors prior to becoming barristers.
Candidates wishing to become barristers may have to pass an examination and undergo further specialised training before those candidates are "called to the bar" or "sign the roll of counsel". Both the examination and the further training are administered by the state's bar association:
Upon completing the relevant training course, new barristers ("readers") are required to spend a period of months "reading" in the chambers of an experienced barrister, called the reader's "tutor" (in New South Wales) or "mentor" (in Victoria) (historically, this experienced barrister was called the new barrister's "pupil master"). This "reading" period serves as a kind of practical apprenticeship for the new barrister, who works in the same chambers as their tutor/mentor and is able to learn by observing their tutor/mentor, as well as actively seeking their guidance.
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In common law Canadian provinces, despite the unified legal profession (lawyers are qualified as bothbarristers andsolicitors), the certificate issued by the provincialLaw Society to the newly qualified lawyer generally indicates his or her having been called to the bar and admitted as a solicitor.
In Ontario and Manitoba, there are two certificates, one issued by the respective provincial Law Society for call to the bar and the other by the Superior Court (Ontario) or Court of King's Bench (Manitoba) for admission as a solicitor.
InOntario, being called to the bar requires students to article (apprentice) with a law firm for ten months, but due to a shortage of articling positions available each year and an influx of articling candidates, a pilot alternative program available through theUniversity of Ottawa andToronto Metropolitan University was established. TheLaw Practice Program requires the articling students to spend four months in a virtual law office and to spend another four months in a work placement.[6]
Alberta andPrince Edward Island are the only common law jurisdictions with individual, rather than group, calls.[7] The student's supervisor, referred to as his or her principal, makes an oral application to the Provincial Court of Alberta orCourt of King's Bench, or theSupreme Court of Prince Edward Island, respectively, to have the student called to the bar. Gowns are worn and the ceremony is public, with the presiding judge (or judges) welcoming the new member with a speech written specifically for that call.
InQuebec, acivil law notary is very similar to a solicitor.
In England and Wales, a call ceremony takes place at the barrister'sInn of Court (or atTemple Church for members of theInner Temple), before or during thepupillage year. A barrister is called to theutter ("outer") bar or "appointed to the degree of the utter bar". Those appointed asKing's Counsel (Queen's Counsel if the monarch is female) are entitled to plead from "within the bar" in court.
In Ireland, the legal profession is split between solicitors and barristers. Candidates wishing to qualify as barristers must complete a series of examinations at the Honorable Society of King's Inns. Successful candidates are called to the Bar by the Chief Justice in the Supreme Court. Upon being called to the bar, a barrister becomes a member of the Outer Bar, or "Junior Counsel". Some barristers may subsequently be called to the Inner Bar in a similar ceremony, gaining the title "Senior Counsel".
As in Canada, the legal profession isfused. A lawyer in New Zealand is admitted as either a "barrister sole" or a "barrister and solicitor of theHigh Court of New Zealand".[8] Once admitted, New Zealand's "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 the New Zealand Law Society.
As in New Zealand, there is no formal distinction between barristers and solicitors. A lawyer inNigeria is admitted as a "Barrister and Solicitor of theSupreme Court of Nigeria". Once admitted, Nigerian lawyers may argue in any federal trial or appellate court as well as any of the courts in Nigeria's thirty six states and the Federal Capital Territory. Lawyers are regulated by theNigerian Bar Association.
Prior to the partition of Ireland, barristers in what is now Northern Ireland were called to the bar in the same manner as those in the rest of Ireland. The procedure remains much the same today, save that candidates wishing to qualify as barristers must complete a series of examinations at theInstitute of Professional Legal Studies atQueen's University Belfast (under the supervision of the Honourable Society of the Inn of Court of Northern Ireland), barristers are called to the bar by theLord Chief Justice of Northern Ireland and members of the Inner Bar are known as King's Counsel.
InSri Lanka, a lawyer must be admitted and enrolled as an attorney-at-law of theSupreme Court of Sri Lanka. This is referred to as the call to the bar.
Generally, lawyer qualification is aU.S. state matter and a lawyer is said to have been "admitted to the bar" and become an "attorney at law"; some states still use the older term "attorney and counselor (also 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 U.S. attorneys to refer to their qualification as a lawyer.
