A bencher or Master of the Bench is a senior member of an Inn of Court in

England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...

or the Inns of Court in Northern Ireland, or the Honorable Society of King's Inns in

Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...

. Benchers hold office for life once elected. A bencher can be elected while still a

barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...

(usually, but not always,

King's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...

in the UK or Senior Counsel in Ireland), in recognition of the contribution that the barrister has made to the life of the Inn or to the law. Others become benchers as a matter of course when appointed as a High Court judge. The Inn may elect non-members as honorary benchers – for example, distinguished judges and lawyers from other countries, eminent non-lawyers or (in the English Inns) members of the

British Royal Family The British royal family comprises Charles III and other members of his family. There is no strict legal or formal definition of who is or is not a member, although the Royal Household has issued different lists outlining who is considere ...

, who become known as "Royal Benchers" once elected. One member of each Inn is the

Treasurer A treasurer is a person responsible for the financial operations of a government, business, or other organization. Government The treasury of a country is the department responsible for the country's economy, finance and revenue. The treasure ...

, a position which is held for one year only. While succession to the post of Treasurer was once dependent purely on seniority (or ''

auncienty Auncienty is a term used to describe a system of precedence, for instance through years and continuance in the Houses of the Inns of Court, or among the ranks or degrees of the Officers of Arms. In many ways equivalent to Eldership, deriving from ...

''), this is no longer the case. The Treasurer is now elected. Two Readers are also elected each year.

Etymology

Historically, the most junior student barristers were only permitted to watch

moot court Moot court is a co-curricular activity at many law schools. Participants take part in simulated court or arbitration proceedings, usually involving drafting memorials or memoranda and participating in oral argument. In many countries, the phrase ...

trials and stood within the bar of the moot courtroom. More qualified barristers (known in England as "outer" or "utter" barristers) were permitted to join the argument and stood outside the bar. The most senior barristers were permitted to sit on the bench at moots. This third class of barristers became known as "Benchers" or "Masters of the Bench".

England usage

The practices and regulations vary from Inn to Inn, but the benchers are the ultimate governing body of the relevant Inn. The benchers govern the finances of the Inn, and they alone have the authority to admit students, to call students to the bar, and to elect other benchers. Today, the benchers of the four English Inns have common standards agreed with the Bar Council. They have the formal power to discipline members of their Inn by suspending or expelling them from membership of the Inn, and by disbarring them. Disciplinary functions are now shared with the Council of the Inns of Court, the Bar Standards Board and its Complaints Committee (formerly known as the Professional Conduct and Complaints Committee).

Ireland usage

The governing structure of

King's Inns The Honorable Society of King's Inns () is the "Inn of Court" for the Bar of Ireland. Established in 1541, King's Inns is Ireland's oldest school of law and one of Ireland's significant historical environments. The Benchers of King's Inns aw ...

dates from the sixteenth century and are composed of "Benchers". Originally, the benchers were composed of the Lord Chancellor, judges and senior barristers. Today, benchers include elected Bar Benchers, Judicial Benchers (includes all judges of the Superior Courts) and Honorary Benchers and they have the power to conferring the degree of Barrister-at-Law, suspending or disbarring barristers and dealing with disciplinary matters.

Canadian usage

The terms ''bencher'' and ''treasurer'' are in use by the legal profession in Canada. A bencher in the Canadian context is a member of the

board of directors A board of directors is a governing body that supervises the activities of a business, a nonprofit organization, or a government agency. The powers, duties, and responsibilities of a board of directors are determined by government regulatio ...

of a provincial law society. Most benchers are lawyers, but in some provinces there are also lay benchers who represent the public interest. In some provinces the head of the board is known as the ''treasurer''. Paralegals are also elected as benchers, in those provinces where law societies govern their profession.

References

{{Reflist *''

Halsbury's Laws of England ''Halsbury's Laws of England'' is an encyclopaedia of the law in England and Wales. It has an alphabetised title scheme for the areas of law, drawing on authorities including Acts of Parliament of the United Kingdom, Measures of the Welsh Ass ...

'', Barristers, para.431

External links

Legal profession to 1850
from

Inner Temple The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional association for barristers and judges. To be called to the Bar and practice as a barrister in England and Wa ...

Benchers
at

Lincoln's Inn The Honourable Society of Lincoln's Inn, commonly known as Lincoln's Inn, is one of the four Inns of Court (professional associations for Barrister, barristers and judges) in London. To be called to the bar in order to practise as a barrister ...