 | The examples and perspective in this article may not represent a worldwide view of the subject.(October 2017) |
In law, a barrister's chambers or barristers' chambers are the rooms used by a barrister or a group of barristers. The singular refers to the use by a sole practitioner whereas the plural refers to a group of barristers who, while acting as sole practitioners, share costs and expenses for office overheads. The concept of barristers' chambers is commonly thought of as a law firm.
In England and Wales, New Zealand, Australia, India, Pakistan, Sri Lanka, and Hong Kong, chambers may refer to the office premises used by a barrister or to a group of barristers, especially in the Inns of Court. [1] In these jurisdictions, barristers are forbidden from forming or becoming partners in law firms (though they may be employed by them) and (except for those employed by a law firm or by a government agency) are theoretically all solo practitioners. However, to share costs and expenses, barristers typically operate fraternally with each other as unincorporated associations known as "chambers". The term "chambers" is used to refer both to the physical premises where the barristers' set conduct most of their work from, as well as the 'set' or unincorporated association itself. Chambers typically have office spaces for the barristers to work from, conference rooms with infrastructure to conduct video conferencing for a large audience, printing and photocopying sections, a substantially large and updated library as well as rooms for the barristers' and clients' dining and entertainment. Most chambers have a staff to look after administrative matters, including a fully-fledged kitchen and dining hall to serve up meals and refreshments. The transactional side of chambers are administered by barristers' clerks who receive cases from solicitors and agree on matters such as fees on behalf of their employers; they then provide case details to the barristers and conduct office management for them. [2] Some chambers specialise in particular areas of law. Members are known as tenants and may be dismissed only for gross misconduct.
There are chambers all over England and Wales; however, the largest concentration of them is in London. [2] A report by the General Council of the Bar in 2006, showed that of the 355 practising chambers in the United Kingdom, 210 were based in London. [3]
In Hong Kong, the 133 chambers within the special administrative region are almost exclusively located in the City of Victoria. [4] In Sri Lanka, counsels would maintain their chambers at their residence, which serve as their office and contain their personal library.
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, researching the law and giving legal opinions.
An accountant is a practitioner of accounting or accountancy. Accountants who have demonstrated competency through their professional associations' certification exams are certified to use titles such as Chartered Accountant, Chartered Certified Accountant or Certified Public Accountant, or Registered Public Accountant. Such professionals are granted certain responsibilities by statute, such as the ability to certify an organization's financial statements, and may be held liable for professional misconduct. Non-qualified accountants may be employed by a qualified accountant, or may work independently without statutory privileges and obligations.
A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings.
In the United Kingdom and some Commonwealth countries, a King's Counsel is a senior trial lawyer appointed by the monarch of the country as a 'Counsel learned in the law'. When the reigning monarch is a woman, the title is called Queen's Counsel (QC).
A bar association is a professional association of lawyers as generally organized in countries following the Anglo-American types of jurisprudence. The word bar is derived from the old English/European custom of using a physical railing to separate the area in which court business is done from the viewing area for the general public.
A law society is an association of lawyers with a regulatory role that includes the right to supervise the training, qualifications, and conduct of lawyers. Where there is a distinction between barristers and solicitors, solicitors are regulated by the law societies and barristers by a separate bar council.
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 "call to the bar". "The bar" is now used as a 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.
The title of Senior Counsel or State Counsel is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdictions that have chosen to change the title "King's Counsel" to a name without monarchical connotations, usually related to the British monarch that is no longer head of state, such that reference to the King is no longer appropriate. Examples of jurisdictions that have made the change because of the latter reason include Mauritius, Zambia, India, Hong Kong, Ireland, South Africa, Kenya, Malawi, Singapore, Guyana and Trinidad and Tobago. Jurisdictions that have retained the monarch as head of state, but have nonetheless opted for the new title include some states and territories of Australia, as well as Belize.
The law of the Hong Kong Special Administrative Region has its foundation in the English common law system, inherited from being a former British colony and dependent territory. There are several sources of law, the primary ones being statutes enacted by the Legislative Council of Hong Kong and case law made by decisions of the courts of Hong Kong.
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 bar graduates build on what they have learnt during the Bar Professional Training Course or equivalent by combining it with practical work experience in a set of barristers' chambers or pupillage training organisation.
Devilling is the custom of more senior self employed barristers/advocates making use of their junior’s services to complete briefs belonging to the more senior barrister/advocate, usually without the knowledge of the attorney. Not to be confused with the period of training called pupillage or junior work undertaken by a person wishing to become an advocate in one of the English-speaking common law systems of the United Kingdom, Ireland, Hong Kong, and Australia.
Barristers in England and Wales are one of the two main categories of lawyer in England and Wales, the other being solicitors. Barristers have traditionally had the role of handling cases for representation in court, both defence and prosecution.
Fused profession is a term relating to jurisdictions where the legal profession is not divided between barristers and solicitors. Generally, the term is used in the context of Commonwealth countries, where the single profession of barrister and solicitor is provided by statute.
An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are distinct practising certificates.
Solicitor advocate is a hybrid status which allows a solicitor in the United Kingdom and Hong Kong to represent clients in higher courts in proceedings that were traditionally reserved for barristers. The status does not exist in most other common law jurisdictions where, for the most part, all solicitors have rights of audience in higher courts.
An Attorney at law in Sri Lanka is the only legal practitioners authorised to represent others in all court of law in the island and are also authorised to give advice regarding any matter of law. Alternative terms include lawyer.
The Bar of Ireland is the professional association of barristers for Ireland, with over 2,000 members. It is based in the Law Library, with premises in Dublin and Cork. It is governed by the General Council of the Bar of Ireland, commonly called the Bar Council of Ireland, which was established in 1897. The Council is composed of twenty-five members: twenty who are elected, four co-opted, and the Attorney-General, who holds office ex officio. Every year, ten members are elected for two-year terms; five by senior counsel and five by junior counsel.
Geoffrey Ma Tao-li is a retired Hong Kong judge who served as the 2nd Chief Justice of the Hong Kong Court of Final Appeal—the court of last resort in Hong Kong. Between 2001 and 2010, he held various positions in the High Court of Hong Kong, including Chief Judge, Justice of Appeal, and Judge of the Court of First Instance. Before his judicial career, he was a barrister-at-law in private practice at Temple Chambers, and was qualified to practice in England and Wales, Hong Kong, Australia and Singapore.
Public interest law in Hong Kong is an emerging field. The chief vehicle for pursuing public interest claims is judicial review. This is the process by which decisions of the government are challenged in the courts. There has been a surge in judicial review cases since 2000. Environmental issues and minority rights are among the most litigated areas.
A sole practitioner or solo practitioner is a professional, such as a lawyer or an architect, who practices independently. For instance a sole practitioner's law firm may include non-lawyer support personnel but does not include any other lawyers.
