barrister

barrister, one of the two types of practicing lawyers in England and Wales, the other being the solicitor. In general, barristers engage in advocacy (trial work) and solicitors in office work, but there is a considerable overlap in their functions. The solicitor, for example, may appear as an advocate in the lower courts, whereas barristers are often called upon to give opinions or to draft documents.

Only barristers may appear as advocates before the High Court. They are known collectively as the bar, and it is from their ranks that the most important judicial appointments are made. To be a barrister it is necessary to be a member of one of the four Inns of Court (Inner Temple, Middle Temple, Lincoln’s Inn, and Gray’s Inn). A prospective barrister must complete a program of academic study and undergo vocational and professional training (pupillage) and must satisfy certain traditional requirements, such as attending a specified number of formal dinners at the respective inn. Students who have completed all but the pupillage stage of their training are eligible to be called to the bar, whereupon they assume the title “barrister”—though they are not permitted to refer to themselves as such in connection with the provision of legal services until they have completed their pupillage.

The General Council of the Bar, also called the Bar Council, is the representative body of barristers in England and Wales. It acts in matters of general concern to the profession and, through the independent Bar Standards Board, regulates the professional conduct of its members. A barrister is required to accept any case for a proper professional fee, for example, regardless of his personal feelings, except when there are circumstances of conflicting interests of clients. Furthermore, if a barrister does not receive payment for his work, he may not take action in court to obtain it. Barristers cannot create formal partnerships with other barristers or with solicitors, nor can they carry on any other profession or business.