Call to the bar
The call to the bar is a legal term of art in most common law jurisdictions where people 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 a collective noun for barristers, 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 their briefs.
Like many other common law terms, the term originated in England in the Middle Ages, and the call to the bar refers to the summons issued to one found fit to speak at the "bar" of the royal courts. In time, English judges allowed only legally qualified men to address them on the law and later delegated the qualification and admission of barristers to the four Inns 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 an apprenticeship called pupillage. After completing pupillage, they are considered to be a practising barrister with a right of audience before all courts.
England and Wales and some other jurisdictions distinguish two types of lawyers, who are regulated by different bodies, with separate training, examinations, regulation and traditions:
- Barristers primarily practise in court and generally specialise in advocacy in a particular field of law; they have a right of audience in all courts of England and Wales.
- Solicitors do not necessarily undertake court work, but have a right of audience in the lower courts. They are admitted or enrolled as a solicitor, to conduct litigation and practise in law outside court, e.g., providing legal advice to lay clients and acting on their behalf in legal matters.
Particular jurisdictions
Common law jurisdictions include Australia, England and Wales, New Zealand, Canada, Hong Kong, India, Nigeria, the Republic of Ireland, Northern Ireland and most jurisdictions in the Commonwealth of Nations and the United States.Australia
In Australia, the status of the legal profession differs from state to state:- Queensland and New South Wales formally split the legal profession between solicitors and barristers;
- South Australia, Victoria, Western Australia and the Australian Capital Territory have "fused" the professions of barrister and solicitor, but each state maintains an independent bar for lawyers who solely practice as barristers; and
- Tasmania and the Northern Territory have fused professions, with a very small number of legal practitioners operating as an independent bar.
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:
- in Queensland, candidates must pass "three 1.5 hour examinations, focusing on legal ethics, practice and procedure, and evidence", and then successfully complete the Bar Practice Course;
- in New South Wales, candidates must pass the NSW Bar Examination, and then successfully complete the Bar Practice Course; and
- in Victoria, candidates must pass the Victorian Bar Entrance Exam, and then successfully complete the Victorian Bar Readers' Course.
Canada
In common law Canadian provinces, despite the unified legal profession, the certificate issued by the provincial Law Society to the newly qualified lawyer generally indicates their 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 or Court of King's Bench for admission as a solicitor.
In Ontario, being called to the bar requires students to article 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 the University of Ottawa and Toronto Metropolitan University was established. The Law 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.
Alberta and Prince Edward Island are the only common law jurisdictions with individual, rather than group, calls. The student's supervisor, referred to as their principal, makes an oral application to the Provincial Court of Alberta or Court of King's Bench, or the Supreme 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 welcoming the new member with a speech written specifically for that call.
In Quebec, a civil law notary is very similar to a solicitor.
England and Wales
In England and Wales, a call ceremony takes place at the barrister's Inn of Court, before or during the pupillage year. A barrister is called to the utter bar or "appointed to the degree of the utter bar". Those appointed as King's Counsel are entitled to plead from "within the bar" in court.Hong Kong
In Hong Kong, the legal profession is split between barristers and solicitors. Barristers are represented by the Hong Kong Bar Association while Solicitors are represented by the Law Society of Hong Kong. These two bodies also regulate their respective professions and decide on admissions for barristers or solicitors.All persons wishing to become either a barrister or solicitor must have first completed a Bachelor of Laws or Juris Doctor degree in Hong Kong, or equivalent in other jurisdictions, alongside the Postgraduate Certificate in Laws. Those holding a foreign law degree must complete the PCLL conversion exam administered by the Law Society of Hong Kong before being permitted to take the course. Following so, those looking to be a barrister must then complete at least a year long pupilage, where at least 3 months are on the civil and 3 months on criminal practice. Those looking to be solicitors must complete a two-year traineeship with a law firm in Hong Kong. After having fulfilled the respective requirements, they may then be admitted as barristers or solicitors of the High Court of Hong Kong.
For foreign practicing barristers wishing to practice in Hong Kong as barristers, they must have practiced for at least 3 years and passed the Barrister Qualifying Examination before being allowed to start their pupilage. This is not required for currently practicing solicitors and legal officers in the government that wish to become barristers.
A foreign barrister may apply for ad-hoc admission to the Hong Kong Bar Association for a particular case or cases in Hong Kong. This is under the premises that the qualification acquired outside Hong Kong to engage in would be similar to that undertaken by a barrister in his practice in the Higher courts of Hong Kong; and the person has had substantial experience in advocacy in a court, where the Court may impose restrictions and conditions as they see fit.
Like in other common law jurisdictions, barristers and legal practitioners engaged in advocacy, after having practiced for at least ten years, may be selected by the Chief Justice to become Senior Counsel, which is known as "taking silk" or being "called to the inner bar". Senior Counsel were similarly appointed as Queen's Counsel and King's Counsel in Hong Kong as they were in England and Wales prior to the Handover in 1997. Visiting King's Counsel and Senior Counsel of other common law jurisdictions are accorded the same status and rights as Senior Counsel in Hong Kong.
A solicitor may choose to become a solicitor-advocate, giving them a higher right of audience allowing them to appear in all levels of court in Hong Kong, which its qualification is administered by the Higher Rights Assessment Board. One may apply to the board after having practiced law for at least 5 years in the past 7 years, which the latest 2 must have been in Hong Kong. One may either apply by exemption or by assessment, but not both at the same time, which they may do so only once every year.