Barrister

In many common law jurisdictions, a barrister (or advocate, as they are known in Scotland) is a type of lawyer, particularly one entitled to appear before the superior courts of that jurisdiction. Details vary from jurisdiction to jurisdiction.

Barristers in other jurisdictions

Barristers are also found in the Republic of Ireland, Hong Kong (where the Chinese name da lu shi, 大律師 is also used), and Australia (in the states without a fused profession, namely New South Wales, South Australia, and Queensland). In Canada, the professions of barrister and solicitor are fused, and many lawyers refer to themselves with both names. However, in Quebec, which has substantive law under the civil law tradition, the practice is closer to that of the United Kingdom, with les avocats practicing before the courts, and civil law notaries or les notaires limited to most of the functions of solicitors.

Related Topics:
Republic of Ireland - Hong Kong - Chinese - Australia - New South Wales - South Australia - Queensland - Canada - Quebec - Civil law - Civil law notaries

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In Western Australia and Victoria, the professions of barristers and solicitors are fused, but nonetheless an independent bar is in existence, regulated by those States' Legal Practice Boards. A similar arrangement exists in New Zealand.

Related Topics:
Western Australia - Victoria - New Zealand

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Unlike its common law brethren, the United States does not draw a distinction between barristers and solicitors; all lawyers who pass the bar examination may argue in the courts of the state in which they are admitted, although some state appellate courts require attorneys to obtain a separate certificate of admission to plead and practice in the appellate court. This separate admissions process, where it exists, is usually a simple matter of paying a small application fee. Federal courts at each level (Federal District, Circuit Courts of Appeals, Supreme Court) require specific admission to that court's bar in order to practice before it, but there is no separate examination process for federal courts, and admission is usually granted as a matter of course to any attorney licensed in the state where the particular federal court sits.

Related Topics:
United States - Bar examination

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Although most European countries have divided legal professions, with different kinds of lawyers performing different functions, only Spain has a division which generally corresponds to the division in Britain between barristers/advocates and solicitors. Procuradores represent the interests of a litigant in court, while abogados is the general term for other lawyers. Procuradores are regulated by Royal Decree 2046 of 1982, which approved the General Statute of the Procuradores, and the Organic Law no.6 of 1985. The General Statute regulates the qualifications and conduct of the procuradores. Thus, obligations to act pro bono are laid down by Article 13.

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