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The call to the bar is a legal
term of art Jargon, or technical language, is the specialized terminology associated with a particular field or area of activity. Jargon is normally employed in a particular communicative context and may not be well understood outside that context. The conte ...
in most
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
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 a collective noun for
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 ...
s, 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 Briefs (or a brief) are a type of short, form-fitting Undergarment, underwear and swimsuit, swimwear, as opposed to styles where material extends down the thighs. Briefs have various different styles, usually with a waistband attached to fabric ...
. Like many other common law terms, the term originated in
England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...
in the
Middle Ages In the history of Europe, the Middle Ages or medieval period lasted approximately from the 5th to the late 15th centuries, similarly to the post-classical period of global history. It began with the fall of the Western Roman Empire and ...
, 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
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
s 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 The Inns of Court in London are the professional associations for barristers in England and Wales. There are four Inns of Court: Gray's Inn, Lincoln's Inn, Inner Temple, and Middle Temple. All barristers must belong to one of them. They have s ...
. 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 called ''
pupillage A pupillage, in England and Wales, Northern Ireland, Kenya, Malaysia, Pakistan and Hong Kong, is the final, vocational stage of training for those wishing to become practising barristers. Pupillage is similar to an apprenticeship, during which ba ...
''. After completing pupillage, they are considered to be a practising barrister with a right of audience before all courts.
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 ...
and some other jurisdictions distinguish two types of
lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
s, 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 (
magistrates' court A magistrates' court is a lower court where, in several Jurisdiction (area), jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) ...
s and county 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. A solicitor must qualify as a solicitor-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.


Particular jurisdictions

Common law jurisdictions include
Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
, England and Wales,
New Zealand New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...
,
Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
,
Hong Kong Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the wor ...
,
India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
,
Nigeria Nigeria, officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf of Guinea in the Atlantic Ocean to the south. It covers an area of . With Demographics of Nigeria, ...
, the
Republic of Ireland Ireland ( ), also known as the Republic of Ireland (), is a country in Northwestern Europe, north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland, with a population of about 5.4 million. ...
,
Northern Ireland Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Repub ...
and most jurisdictions in the
Commonwealth of Nations The Commonwealth of Nations, often referred to as the British Commonwealth or simply the Commonwealth, is an International organization, international association of member states of the Commonwealth of Nations, 56 member states, the vast majo ...
and the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
(the ''See also'' section below contains links to articles on the laws of these jurisdictions).


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. 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: * 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. 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.


Canada

In common law Canadian provinces, despite the unified legal profession (lawyers are qualified as both barristers and solicitors), the certificate issued by the provincial Law 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. In
Ontario Ontario is the southernmost Provinces and territories of Canada, province of Canada. Located in Central Canada, Ontario is the Population of Canada by province and territory, country's most populous province. As of the 2021 Canadian census, it ...
, 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 the
University of Ottawa The University of Ottawa (), often referred to as uOttawa or U of O, is a Official bilingualism in Canada, bilingual public research university in Ottawa, Ontario, Canada. The main campus is located on directly to the northeast of Downtown Ot ...
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 Alberta is a Provinces and territories of Canada, province in Canada. It is a part of Western Canada and is one of the three Canadian Prairies, prairie provinces. Alberta is bordered by British Columbia to its west, Saskatchewan to its east, t ...
and
Prince Edward Island Prince Edward Island is an island Provinces and territories of Canada, province of Canada. While it is the smallest province by land area and population, it is the most densely populated. The island has several nicknames: "Garden of the Gulf", ...
are the only common law jurisdictions with individual, rather than group, calls. The student's supervisor, referred to as his or her 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 (or judges) welcoming the new member with a speech written specifically for that call. In
Quebec Quebec is Canada's List of Canadian provinces and territories by area, largest province by area. Located in Central Canada, the province shares borders with the provinces of Ontario to the west, Newfoundland and Labrador to the northeast, ...
, a
civil law notary Civil-law notaries, or Latin notaries, are lawyers of contentious jurisdiction, noncontentious private law, private civil law (legal system), civil law who draft, take, and record legal instruments for private parties, provide legal advice and gi ...
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 (or at Temple Church for members of the
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 ...
), before or during the
pupillage A pupillage, in England and Wales, Northern Ireland, Kenya, Malaysia, Pakistan and Hong Kong, is the final, vocational stage of training for those wishing to become practising barristers. Pupillage is similar to an apprenticeship, during which ba ...
year. A barrister is called to the ''utter'' ("outer") bar or "appointed to the degree of the utter bar". Those appointed as
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 ...
(Queen's Counsel if the monarch is female) are entitled to plead from "within the bar" in court.


Ireland

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".


New Zealand

As in Canada, the legal profession is fused. A lawyer in New Zealand is admitted as either a "barrister sole" or a "barrister and solicitor of the High Court of New Zealand". 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.


Nigeria

As in New Zealand, there is no formal distinction between barristers and solicitors. A lawyer in
Nigeria Nigeria, officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf of Guinea in the Atlantic Ocean to the south. It covers an area of . With Demographics of Nigeria, ...
is admitted as a "Barrister and Solicitor of the Supreme 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 the Nigerian Bar Association.


Northern Ireland

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 the Institute of Professional Legal Studies at
Queen's University Belfast The Queen's University of Belfast, commonly known as Queen's University Belfast (; abbreviated Queen's or QUB), is a public research university in Belfast, Northern Ireland, United Kingdom. The university received its charter in 1845 as part of ...
(under the supervision of the Honourable Society of the Inn of Court of Northern Ireland), barristers are called to the bar by the Lord Chief Justice of Northern Ireland and members of the Inner Bar are known as King's Counsel.


Sri Lanka

In
Sri Lanka Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka, also known historically as Ceylon, is an island country in South Asia. It lies in the Indian Ocean, southwest of the Bay of Bengal, separated from the Indian subcontinent, ...
, a lawyer must be admitted and enrolled as an attorney-at-law of the
Supreme Court of Sri Lanka The Supreme Court of Sri Lanka (; ) is the Supreme court, highest court in Sri Lanka and the final judicial instance of record. Established in 1801 and empowered to exercise its powers subject to the provisions of the Constitution of Sri Lanka ...
. This is referred to as the call to the bar.


United States

Generally, lawyer qualification is a U.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.


See also

* Admission to the bar *
Bar (law) In law, the bar is the legal profession as an institution. The term is a metonym for the line (or "bar") that separates the parts of a courtroom reserved for spectators and those reserved for participants in a trial such as lawyers. In the U ...
*
Bar association A bar association is a professional association of lawyers as generally organized in countries following the Anglo-American types of jurisprudence.
* Bar council * Election to the Faculty of Advocates, Scotland * Law of Australia * Law of Canada * Law of England and Wales * Law of Hong Kong *
Law of India The List of national legal systems, legal system of India consists of Civil law (common law), civil law, common law, customary law, religious law and corporate law within the legal framework inherited from the colonial era and various legis ...
*
Law of New Zealand The law of New Zealand uses the English common law system, inherited from being a part of the British Empire. There are several sources of law, the primary ones being Lists of statutes of New Zealand, acts enacted by the New Zealand Parliament ...
* Law of Northern Ireland * Law of the Republic of Ireland * Politics of Nigeria


References

{{Reflist Judiciaries Common law English law Professional certification in law