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Barrister

A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions. They can be contrasted with solicitors – the other class of lawyer in split professions – who have more direct access with clients, and may do transactional-type legal work. Barristers are rarely hired by clients directly but instead are retained (or instructed) by solicitors to act on behalf of clients.

The historical difference between the two professions – and the only essential difference in England and Wales today – is that a solicitor is an attorney, which means they can act in the place of their client for legal purposes (as in signing contracts) and may conduct litigation on their behalf by making applications to the court, writing letters in litigation to the client's opponent and so on. A barrister is not an attorney and is usually forbidden, either by law or professional rules or both, from "conducting" litigation. This means that while the barrister speaks on the client's behalf in court, he or she can do so only when instructed by a solicitor or certain other qualified professional clients, such as patent agents.

Many countries with common law legal systems, such as the United States, do not observe a distinction between barristers and solicitors. In countries with civil law or other kinds of legal systems the legal profession is often separated into divisions but these divisions rarely shadow those of barristers and solicitors.

From Wikipedia under the GNU Free Documentation License
Mon Apr 9 21:54:05 2012

Noun

barrister (plural barristers)

  1. (law, chiefly UK) A lawyer with the right to speak and argue as an advocate in higher lawcourts.
Usage notes

Some legal systems apply a separation of the roles of barrister and solicitor, such that a barrister (only) may address the court on a client's behalf and a solicitor (only) may act as an attorney for clients. In particular, this separation occurs in the UK and in countries that use the UK system. It does not apply in the US. Some systems apply a separation of roles that does not match the barrister/solicitor split.

From Wiktionary under the GNU Free Documentation License
Mon Apr 9 21:54:05 2012


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