Barrister

Artist's rendition of an early 19th-century English barrister
A barrister (also known as barrister-at-law or bar-at-law) is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching the philosophy, hypothesis and history of law, and giving expert legal opinions. Often, barristers are also recognised as legal scholars.

Barristers are distinguished from solicitors, who have more direct access to clients, and may do transactional-type legal work. It is mainly barristers who are appointed as judges, and they are rarely hired by clients directly. In some legal systems, including those of Scotland, South Africa, Scandinavia, Pakistan, India, Bangladesh, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man, the word barrister is also regarded as an honorific title.

In a few jurisdictions, barristers are usually forbidden from "conducting" litigation, and can only act on the instructions of a senior solicitor, who performs tasks such as corresponding with parties and the court, and drafting court documents. In England and Wales, barristers may seek authorisation from the Bar Standards Board to conduct litigation. This allows a barrister to practise in a 'dual capacity', fulfilling the role of both barrister and solicitor.

In some countries with common law legal systems, such as New Zealand and some regions of Australia, lawyers are entitled to practise both as barristers and solicitors, but it remains a separate system of qualification to practise exclusively as a barrister.

A barrister, who can be considered as a jurist, is a lawyer who represents a litigant as advocate before a court of appropriate jurisdiction. A barrister speaks in court and presents the case before a judge or jury. In some jurisdictions, a barrister receives additional training in evidence law, ethics, and court practice and procedure. In contrast, a solicitor generally meets with clients, does preparatory and administrative work and provides legal advice. In this role, he or she may draft and review legal documents, interact with the client as necessary, prepare evidence, and generally manage the day-to-day administration of a lawsuit. A solicitor can provide a crucial support role to a barrister when in court, such as managing large volumes of documents in the case or even negotiating a settlement outside the courtroom while the trial continues inside.

There are other essential differences. A barrister will usually have rights of audience in the higher courts, whereas other legal professionals will often have more limited access, or will need to acquire additional qualifications to have such access. As in common law countries in which there is a split between the roles of barrister and solicitor, the barrister in civil law jurisdictions is responsible for appearing in trials or pleading cases before the courts.

This page was last edited on 20 February 2018, at 17:42.
Reference: https://en.wikipedia.org/wiki/Barrister under CC BY-SA license.

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