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.
Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both. In many Commonwealth jurisdictions, the bar association comprises lawyers who are qualified as barristers or advocates in particular, versus solicitors (see bar council ). Membership in bar associations may be mandatory or optional for practicing attorneys, depending on jurisdiction.
The use of the term bar to mean "the whole body of lawyers, the legal profession" comes ultimately from English custom. In the early 16th century, a railing divided the hall in the Inns of Court, with students occupying the body of the hall and readers or benchers on the other side. Students who officially became lawyers crossed the symbolic physical barrier and were "admitted to the bar".Later, this was popularly assumed to mean the wooden railing marking off the area around the judge's seat in a courtroom, where prisoners stood for arraignment and where a barrister stood to plead. In modern courtrooms, a railing may still be in place to enclose the space which is occupied by legal counsel as well as the criminal defendants and civil litigants who have business pending before the court.
In many Commonwealth jurisdictions, including in England and Wales, the "bar association" comprises lawyers who are qualified as barristers or advocates (collectively known as "the bar", or "members of the bar"), while the "law society" comprises solicitors. These bodies are sometimes mutually exclusive, while in other jurisdictions, the "bar" may refer to the entire community of persons engaged in the practice of law.
In Canada, one is called to the bar after undertaking a post-law-school training in a provincial law society program, and undergoing an apprenticeship or taking articles. Legal communities are called provincial law societies , except for Nova Scotia, where it is called the Nova Scotia Barristers' Society, and Quebec, where it is called the Barreau du Quebec .
The Canadian Bar Association (and its provincial and territorial branches) is a professional association of barristers, solicitors and advocates that serves the roles of advocates for the profession, provides continuing legal education and member benefits. It does not play a part in the regulation of the profession, however.
In India under the legal framework set established under the Advocates Act, 1961,a law graduate is required to be enrolled with the Bar Council of India. The process of enrollment is delegated by the Bar Council of India to the state Bar Councils wherein almost each state has a Bar Council of its own. Once enrolled with a State Bar Council, the law graduate is recognized as an Advocate provisionally for a period of two years, within which they must clear the All India Bar Examination (AIBE) conducted by the Bar Council of India. Once the advocate clears the AIBE test, they are entitled to appear and practice before any court of law in India.
There is no formal requirement for further membership of any Bar Association. However, Advocates do become members of various local or national bar associations for reasons of recognition and facilities which these associations offer. Some well-known Bar Associations in India include the Supreme Court Bar Association, Delhi High Court Bar Association, Bombay Bar Association, Delhi Bar Association, National Bar Association of India, All India Bar Association, etc.
In Pakistan, a person becomes a licensee of a Provincial Bar Council after fulfilling certain requirements. He must have a valid law degree LL.B from a recognized university by the Pakistan Bar Council, must offer certain undertakings, and pay the Provincial Bar Council fees. Furthermore, he shall join any bar association as a member. Tehsil bar associations work under the umbrella of District Bar Association, District Bar Association under Provincial Bar councils, such as the Punjab Bar Council and Sindh Bar Council. To become an advocate, one must first complete six months pupillage with a practising advocate of High Court, whom they must assist on at least ten cases during a six-month pupillage.[ citation needed ]
In Sri Lanka, a person becomes an Attorney-at-Law of the Supreme Court of Sri Lanka after completing passing law exams at the Sri Lanka Law College which are administered by the Council of Legal Education and spending a period of six months under a practicing attorney of at least 8 years standing as an articled clerk. Once becoming an Attorney, he or she may opt to become a member of the Bar Association of Sri Lanka.[ citation needed ]
In the United States, admission to the bar is permission granted by a particular court system to a lawyer to practice law in that system. This is to be distinguished from membership in a bar association. In the United States,some states require membership in the state bar association for all attorneys, while others do not.
Although bar associations historically existed as unincorporated voluntary associations, nearly all bar associations have since been organized (or reorganized) as corporations. Furthermore, membership in some of them (see the next section below) is no longer voluntary, which is why some of them have omitted the word "association" and merely call themselves the "state bar" to indicate that they are the incorporated body that constitutes the entire admitted legal profession of a state.
Some states require membership in a regulatory agency often called the state's bar association in order to permit them to practice law in that state. Such an organization is called a mandatory, integrated, or unified bar,and is a type of government-granted monopoly. They exist at present in a majority of U.S. states: Alabama, Alaska, Arizona, Florida, Georgia, Hawaii, Idaho, Kentucky, Louisiana, Maine, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Texas, Utah, Virginia, Washington State, West Virginia, Wisconsin, and Wyoming.
The District of Columbia, the U.S. Virgin Islands, Guam and the Northern Mariana Islands also have unified bars. The mandatory status of the Puerto Rico Bar Association was eliminated in 2009 by an act of the legislature, and ratified by the recently appointed majority of the Puerto Rico Supreme Court. By act of the Puerto Rico legislature, the mandatory status was reinstated in June 2014. The Supreme Court of Puerto Rico struck down this act in October 2014, finding that it unconstitutionally usurped its powers.
In some states, like Wisconsin, the mandatory membership requirement is implemented through an order of the state supreme court, which can be revoked or canceled at any time at the court's discretion. In others, like Oregon, the state legislature passed a law and created a government agency. California went farther than any other state and wrote the State Bar of California into its constitution.
The first state to have an integrated bar association was North Dakota in 1921.
Although the names may be confusing, a voluntary bar association is a private organization of lawyers and often other legal professionals. These associations focus on issues including social, educational, and lobbying functions. In states where the functions of the disciplinary bar entity is separate from the statewide voluntary bar association, the voluntary association does not, however, formally regulate the practice of law, admit lawyers to practice or discipline lawyers for ethical violations. For example, the "State Bar of California" is the mandatory, regulatory agency whereas the California Lawyers Association is a voluntary educational and networking group.A statewide voluntary bar association exists in every state that has no mandatory or integrated bar association.
In addition to state-wide organizations, there are many voluntary bar associations organized by city, county, or other affiliate community. Such associations are often focused on common professional interests (such as bankruptcy lawyers or in-house counsel) or common ethnic interests (such as gender, race, religion, or national heritage), such as the Hispanic National Bar Association or Los Angeles County Bar Association.
Such associations often advocate for law reform and provide information in bar journals, pro bono services or a lawyer referral service to the general public. In 2017, the California State Legislature split off the education, lobbying, and young lawyers sections of that state's Bar in order to create the voluntary California Lawyers Association.This split was done to finalize the rationale and holding of a 1990 ruling which prohibited the required bar registration fees from being used for political purposes, relying on the First Amendment of the U.S. Constitution.
As all attorney regulation is performed on the state level. there is no mandatory federal bar association. The Federal Bar Association is a private, voluntary group.
There are also a number of subject-specific private associations, which are not denominated as bar associations by name but which serve similar functions in terms of providing their members with useful publications, networking opportunities, and continuing legal education. The largest association of defense counsel is the Defense Research Institute, which describes itself as "The Voice of the Defense Bar", while the largest association of plaintiffs' counsel is the American Association for Justice (formerly the Association of Trial Lawyers of America). The American Bar Association (ABA) is the largest voluntary bar association in the United States with members from both defense, plaintiff, civil, criminal and other specialities. The National Lawyers Guild (NLG) is an association of progressive attorneys and legal workers, founded as the first national association for lawyers whose membership was open to all races and religions.
Most American law schools have a student bar association, which is a student organization that fulfills various functions, including sometimes serving as the student government.
Judges may or may not be members of the bar. Etymologically, they sit "on the bench", and the cases which come before them are "at bar" or "at bench". Many states in the United States require that some or all judges be members of the bar; typically these limit or completely prohibit the judges from practicing law while serving as a judge.
The United States Constitution contains no requirement that Federal judges or Supreme Court of the United States justices be members of the bar. However, there are no modern instances of the President of the United States nominating or the U.S. Senate providing advice and consent to any nominee who is not a member of any bar. The unofficial practice of the American Bar Association publicly rating the qualifications of judicial nominees has strengthened the imperative to nominate lawyers on the bar. There are various professional associations of judges, such as the American Judges Association, that perform some of the educational and other service functions of bar associations.
A barrister 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.
A lawyer or attorney is a person who practices law, as an advocate, attorney at law, barrister, barrister-at-law, bar-at-law, canonist, canon lawyer, civil law notary, counsel, counselor, solicitor, legal executive, or public servant preparing, interpreting and applying the law, but not as a paralegal or charter executive secretary. Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who hire lawyers to perform legal services. The role of the lawyer varies greatly across different legal jurisdictions.
An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, in Scottish, Manx Law, South African, Italian, French, Spanish, Portuguese, Scandinavian, Polish, Israeli, South Asian and South American jurisdictions, "Advocate" indicates a lawyer of superior classification.
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 in some Commonwealth countries, a Queen's Counsel during the reign of a queen, or King's Counsel during the reign of a king, is a lawyer who is typically a senior trial lawyer. Technically, they are appointed by the monarch of the country to be one of 'Her [His] Majesty's Counsel learned in the law'. The position originated in England. Some Commonwealth countries have either abolished the position, or renamed it so as to remove monarchical connotations, for example, 'Senior counsel' or 'Senior Advocate'.
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.
Admission to the bar in the United States is the granting of permission by a particular court system to a lawyer to practice law in the jurisdiction and before those courts. Each U.S. state and similar jurisdiction has its own court system and sets its own rules for bar admission, which can lead to different admission standards among states. In most cases, a person is "admitted" or "called" to the bar of the highest court in the jurisdiction and is thereby authorized to practice law in the jurisdiction. Federal courts, although often overlapping in admission standards with states, set their own requirements for practice in each of those courts.
In law, the bar is the legal profession as an institution. The term is a metonym for the line that separates the parts of a courtroom reserved for spectators and those reserved for participants in a trial such as lawyers.
Legal ethics are principles of conduct that members of the legal profession are expected to observe in their practice. They are an outgrowth of the development of the legal profession itself.
The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of academic standards for law schools, and the formulation of model ethical codes related to the legal profession. As of fiscal year 2017, the ABA had 194,000 dues-paying members, constituting approximately 14.4% of American attorneys. In 1979, half of all lawyers in the U.S. were members of the ABA. The organization's national headquarters are in Chicago, Illinois, and it also maintains a significant branch office in Washington, D.C.
A bar examination is an examination administered by the bar association of a jurisdiction that a lawyer must pass in order to be admitted to the bar of that jurisdiction.
The State Bar of California is California's official attorney licensing agency. It is responsible for managing the admission of lawyers to the practice of law, investigating complaints of professional misconduct, prescribing appropriate discipline, accepting attorney-member fees, and financially distributing sums paid through attorney trust accounts to fund nonprofit legal entities. It is directly responsible to the Supreme Court of California, however, its Trustees are now appointed by the Supreme Court, the California Legislature, and Governor of California. All attorney admissions are issued as recommendations of the State Bar, which are then routinely ratified by the Supreme Court. Attorney discipline is handled by the State Bar Office of Chief Trial Counsel, which acts as prosecutor before the State Bar Court of California.
A law school is an institution specializing in legal education, usually involved as part of a process for becoming a lawyer within a given jurisdiction.
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.
Continuing legal education (CLE), also known as mandatory or minimum continuing legal education (MCLE) or, in some jurisdictions outside the United States, as continuing professional development, consists of professional education for attorneys that takes place after their initial admission to the bar. Within the United States, U.S. attorneys in many states and territories must complete certain required CLE in order to maintain their U.S. licenses to practice law. Outside the United States, lawyers in various jurisdictions, such as British Columbia in Canada, must also complete certain required CLE. However, some jurisdictions, such as the District of Columbia and Israel, recommend, but do not require, that attorneys complete CLE.
The State Bar of Arizona is the integrated (mandatory) bar association of the U.S. state of Arizona. The Arizona Supreme Court licenses lawyers, while the State Bar administers the regulation of the practice of law. The State Bar, under the direction of the Court, establishes procedures for the discipline of lawyer misconduct and provides education and development programs for the legal profession and the public. Through the Rules of The Supreme Court of Arizona, the privilege to practice law in Arizona is granted solely to "active member[s] of the state bar."
Legal advertising is advertising by lawyers (attorneys), solicitors and law firms. Legal marketing is a broader term referring to advertising and other practices, including client relations, social media, and public relations.
The Virginia State Bar (VSB) is the administrative agency of the Supreme Court of Virginia created to regulate, improve and advance the legal profession in Virginia. Membership in good standing in the VSB is mandatory for attorneys wishing to practice law in the Commonwealth of Virginia. The VSB is thus an integrated bar.
The Alabama State Bar is the integrated (mandatory) bar association of the U.S. state of Alabama.
The Indiana State Bar Association (ISBA) is a voluntary bar association for the state of Indiana. Unlike some state bar associations, in which membership is mandatory, ISBA membership is not required of lawyers licensed to practice in Indiana. The ISBA is headquartered in Indianapolis, Indiana. It includes among its members lawyers, judges, paralegals, law librarians, law students, and court administrators. About 85% of the practicing lawyers in the state are members.