Barrister

Advokat, Engelsk advokatdräkt, Nordisk familjebok

Scottish Court wigs (2013)

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M Battye

Dr. Babasaheb Ambedkar as Barrister in London

Barrister is a type of lawyer found in several common law jurisdictions around the world. Barristers are specialists in advocacy and represent individuals or entities in court. They are distinct from solicitors, who typically undertake transactional law work and rarely appear in court. The role of a barrister includes giving specialist legal advice, drafting legal pleadings, and appearing in court to argue cases. In some jurisdictions, barristers must be members of specific professional bodies known as Inns of Court.

Training and Qualification

The path to becoming a barrister varies between jurisdictions but generally involves the completion of legal education, followed by a period of vocational training and a bar examination. In the United Kingdom, for example, an aspiring barrister must complete a law degree or an equivalent conversion course, followed by the Bar Professional Training Course (BPTC), and a pupillage (practical training under the supervision of an experienced barrister).

Role and Function

Barristers are known for their expertise in interpreting the law, providing legal advice, and presenting advocacy in court. Unlike solicitors, barristers are often self-employed and work in offices known as chambers. They are hired by solicitors to represent a case in court and are known for their ability to provide a high level of legal representation, particularly in complex cases. Barristers wear distinctive wigs and gowns when appearing in most higher courts, a tradition that symbolizes the profession's history and formality.

Differences Between Jurisdictions

The use and status of barristers can vary significantly between countries. For example, in the United States, the distinction between solicitors and barristers does not exist, and all lawyers are referred to as attorneys. In contrast, countries like the United Kingdom, Australia, and Canada maintain a split legal profession, distinguishing between solicitors and barristers. In some jurisdictions, the term "barrister" is synonymous with "court lawyer."

Regulation

Barristers are regulated by their own professional bodies and are required to adhere to high standards of professional conduct and ethics. In the UK, the Bar Standards Board is responsible for regulating barristers in England and Wales. These regulatory bodies ensure that barristers maintain the integrity and professionalism expected of the legal profession.

Access to Barristers

Traditionally, clients could not directly hire barristers and had to access their services through solicitors. However, changes in legal regulations in some jurisdictions now allow for Direct Access barristers, who can be hired directly by clients for certain types of work. This has increased the accessibility of barristers' services to the public and businesses.

Conclusion

Barristers play a crucial role in the legal systems of many common law countries, providing specialized legal representation and advice. Their training, expertise, and the unique aspects of their profession, such as the wearing of wigs and gowns in court, distinguish them from other types of lawyers.