Fused profession

Last updated

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.

In some jurisdictions (e.g., New South Wales, Queensland in Australia), there is a distinction between barristers and solicitors; legal practitioners must practise as either one or the other, and are members either of the local bar or law society. In other jurisdictions (e.g. Bangladesh, Malaysia, Singapore, the nine common law provinces of Canada, Tasmania, Victoria, South Australia and Western Australia), there is no formal distinction but legal practitioners nonetheless practise as either one or the other.

In Bangladesh, despite having a fused profession [1] , there are separate enrolment rules specifically applicable to individuals called to the Bar in England and Wales [2] , including unregistered Barristers [3] .

The legal profession in the United States is fused; however, an individual licensed to practise law is often formally referred to as an "Attorney and Counselor at Law", a reference back to the days of the split profession, although the terms barrister and solicitor are not typically used. Nonetheless, attorneys within the United States usually must be "admitted to the bar" before being allowed to practise law in a particular jurisdiction.

England and Wales, Scotland, the Republic of Ireland, Northern Ireland, and Hong Kong have all retained separate professions.

Related Research Articles

<span class="mw-page-title-main">Barrister</span> Lawyer specialised in court representation in certain jurisdictions

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.

<span class="mw-page-title-main">Lawyer</span> Practitioner of law

A lawyer is a person who practices law. The role of a lawyer varies greatly, across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, solicitor, legal executive, and public servant. — with each role having different functions and privileges. Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in advancing the interests of the law and legal profession.

<span class="mw-page-title-main">Notary public</span> Civil position that certifies documents and administers oral oaths and affirmations

A notary public of the common law is a public officer constituted by law to serve the public in non-contentious matters usually concerned with general financial transactions, estates, deeds, powers-of-attorney, and foreign and international business. A notary's main functions are to validate the signature of a person ; administer oaths and affirmations; take affidavits and statutory declarations, including from witnesses; authenticate the execution of certain classes of documents; take acknowledgments ; provide notice of foreign drafts; provide exemplifications and notarial copies; and, to perform certain other official acts depending on the jurisdiction. Such transactions are known as notarial acts, or more commonly, notarizations. The term notary public only refers to common-law notaries and should not be confused with civil-law notaries.

<span class="mw-page-title-main">Advocate</span> Profession in the field of law

An "advocate" is a professional in the field of law. Different countries and legal systems uses the term with somewhat differing meanings. The broad equivalent in many English law–based on jurisdictions could be a barrister or a solicitor. However, in Scottish, Manx, 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.

<span class="mw-page-title-main">King's Counsel</span> Honorific for lawyers in some Commonwealth realms

In the United Kingdom and some Commonwealth realms, 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 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.

A Bachelor of Laws is an undergraduate law degree offered in most common law countries as the primary law degree and serves as the first professional qualification for legal practitioners. This degree requires the study of core legal subjects and jurisprudence to provide a comprehensive understanding of the legal system and its function. The LLB curriculum is designed to impart a thorough knowledge of legal principles, legal research skills, and a sound understanding of the roles and responsibilities of lawyers within society. This degree is often a prerequisite for taking bar exams or qualifying as a practicing lawyer, depending on the jurisdiction. Additionally, the LLB program also serves as a foundation for further legal education, such as a Master of Laws (LLM) or other postgraduate studies in law.

<span class="mw-page-title-main">Bar council</span> Professional body of barristers

A bar council or bar association, in a common law jurisdiction with a legal profession split between solicitors and barristers or advocates, is a professional body that regulates the profession of barristers. In such jurisdictions, solicitors are generally regulated by the law society.

<span class="mw-page-title-main">Senior counsel</span> Senior lawyer in some jurisdictions

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.

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.

Legal executives are a form of trained legal professional in certain jurisdictions. They often specialise in a particular area of law. The training that a Legal Executive undertakes usually includes both vocational training and academic qualifications.

<span class="mw-page-title-main">Barristers in England and Wales</span> One of the two main categories of lawyer in England and Wales

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.

<span class="mw-page-title-main">BVI Bar Association</span>

The BVI Bar Association is a voluntary membership organisation for members of the legal profession in the British Virgin Islands (BVI). The Association was founded on 8 May 1976. Of the eight founder members, half would go on to serve as president at some point. Residency requirements for members mean that not all members of the British Virgin Islands legal profession are members. Most resident lawyers within the BVI do in fact join the BVI Bar Association, but it is relatively rare for non-resident lawyers to join. The BVI Bar Association currently has no statutory functions and it is open to membership by both Barristers and Solicitors within the 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.

Attorney at law or attorney-at-law, usually abbreviated in everyday speech to attorney, is the preferred term for a practising lawyer in certain jurisdictions, including South Africa, Sri Lanka, the Philippines, and the United States. In Canada, it is used only in Quebec as the English term for avocat. The term has its roots in the verb to attorn, meaning to transfer one's rights and obligations to another.

<span class="mw-page-title-main">Bar of Ireland</span> Irish professional association

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.

The Legal profession in England and Wales is divided into two distinct branches under the legal system, those of solicitors and barristers. Other legal professions in England and Wales include acting as a judge, as the Attorney-General, as the Solicitor-General, or as the Director of Public Prosecutions.

A practising certificate is a licence to practise a particular profession.

References

  1. "The Bangladesh Legal Practitioner's and Bar Council Order, 1972 (President's Order)(PRESIDENT'S ORDER NO. 46 OF 1972)". Laws of Bangladesh, Legislative and Parliamentary Affairs Division. Retrieved 13 April 2024.
  2. Sun, Daily (25 October 2017). "'Barristers' in Bangladesh: Why do they stand out?". Daily Sun. Retrieved 2024-04-13.
  3. "Holding Out as a 'Barrister' whilst conducting Foreign Work – A Personal Perspective". The Bar Necessities. 2015-07-09. Retrieved 2024-04-13.