Call To The Bar

The call to the bar is a legal term of art in most common law 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 a "call to the bar". "The bar" is now used as 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, the 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, he is thereafter a barrister with a right of audience before all courts.

England & 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 (Magistrates 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 additionally 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.

In England, 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 ("outer") bar or "appointed to the degree of the utter bar". Those appointed as Queen's Counsel are entitled to plead from "within the Bar" in court.

Read more about Call To The Bar:  Particular Jurisdictions

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