Barrister

Barrister ( Barrister -at -Law) is a lawyer in the embossed by the legal tradition of common law legal system in England and Wales and other countries of the Commonwealth, the advocates before the Court and Process writings and other court -related documents designs. This contrasts with the solicitor who discusses as a lawyer with his client and that legal advice, but does not occur even before higher courts.

Functions

Depending on the legal system and land the separation of functions between Barrister and Solicitor is different degrees of severity. Clearly separate the functions in England, Wales, Scotland and Ireland. Hardly a separation exists, for example, in Ontario or the Australian states of South Australia, Tasmania and Western Australia. The barrister is instructed by the Solicitor of the case and then represents it in court. In Scotland, corresponds to the barrister of the English law of the advocate.

English barrister be approved by one of the four bar associations for barristers ( Inns of Court ) and must be a member there. All bar associations are in London near the Royal Courts ( Royal Courts of Justice):

  • The Honourable Society of the Inner Temple,
  • The Honourable Society of the Middle Temple,
  • The Honourable Society of Gray 's Inn and
  • The Honourable Society of Lincoln 's Inn.

Judge of the High Court can - among other conditions - Only those who was at least ten years barrister.

History

Traditionally barristers had the right, thus also appear before all, the highest courts of the land, as lawyers, Solicitors while this was only allowed in lower courts. Barristers were the respective clients they represented in court, not directly, but only via the contact Solicitor. These regulations have been eased somewhat in recent years.

The two-tier system of advocacy existed in continental Europe until the early 19th century. There was the name Barrister " procurator ".

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