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In the common law tradition, the respective roles of a lawyer - that is as legal adviser and advocate - were formally split into two separate, regulated sub-professions, the other being the office of Solicitor . A parallel is often used with members of the medical profession, in that a Solicitor , like a General Practitioner (or doctor of first instance) deals with the simpler cases and employs the aid of a Barrister (or, to continue the metaphor, a Consultant ) for more difficult or important issues. This parallel is however inaccurate. A barrister is retained by a practitioner, who acts on behalf of a client, to carry out a required function, such as advocacy or to render a legal opinion. There is no difference in the level of complexity in the practice of law by the different branches of the profession. Historically, the distinction was absolute, but in the modern legal age, some countries which had a split legal profession are now characterised by having a Fused Profession all persons entitled to practice as a barrister are also entitled to practice as a solicitor, and vice versa. In practice, the distinction may be non-existent, minor, or marked, depending on the jurisdiction . In others, notably in England and Wales, the separation remains clearly evident, but the respective roles of barrister and solicitor are slightly overlapped. And in others, Scotland and Ireland, there is little overlap. Barristers are regulated by a Bar (the Faculty Of Advocates in Scotland) that they become qualified to join. A Bar is merely a term for the society or association which comprises all members of the profession of barrister within a given jurisdiction. Unlike solicitors, they are not necessarily officers of the courts in the jurisdiction where they are qualified, but must still maintain a balance between their duty to the court and their duty to their client. Barristers do not normally report directly to their "lay clients". They will meet and advise them but their principal contact (the "brief") is the solicitor or "professional client" that "instructs" them. All correspondence, enquiries, invoices, etc. are addressed to the solicitor, who is primarily responsible for the barristers' fees. It is the solicitor who works directly with the client, and who is responsible for engaging a qualified and experienced barrister appropriate to the budget of the client and the nature of his or her case. Regulation Inns of Court (like the Faculty Of Advocates in Scotland) are independent societies that are titularly responsible for the training, admission (calling) and regulation of barristers. A person may only be called to the Bar by an Inn, of which he must first become a member. For the Bar of England and Wales, there are four Inns: The Honourable Society Of Gray's Inn , The Honourable Society Of Lincoln's Inn , The Honourable Society Of The Middle Temple , and The Honourable Society Of The Inner Temple (Each is usually referred to in short form, e.g. Inner Temple, or "Inner"). All are situated in central London, near to the Royal Courts of Justice. In Ireland, there is a single Inn: The Honourable Society Of King's Inns , located near to the Four Courts, the premises of the High Court and Supreme Court. In Australia, each state Bar Association has the functions of Inns of Court. Historically, each society had sole responsibility for the training and tuition of its student barristers. In fact, call to and success at the Bar would to some extent depend upon the introductions that you made during these formative years. In England and Wales, in the 1850's, efforts were made to unify the education of a barrister which had differed between the then four Inns. A Council of Legal Education was established in 1852 - which is now known as the Inns of Court School of Law. In Scotland and Ireland , the Faculty and Inn respectively have retained (or at least have not delegated) their educational responsibilities. ENGLAND AND WALES See Also: Barristers in England and Wales England And Wales , whilst in some areas of government separate from each other within the devolved political structure of the United Kingdom , comprise a single legal jurisdiction, and accordingly they are together served by a single Bar. The profession of barrister in England and Wales is separate profession from that of solicitor. It is not possible carry on in practice as both, at the same time. Barristers are regulated by the Bar Council. The Inns of Court are still involved in the education of prospective barristers because a prospective barrister must be a member of one of the Inns in order to commence the Bar Vocational Course (BVC) and it is the Inn of Court that calls its members to the Bar. Most of the education is carried out by one of the institutions authorised by the Bar Council to offer the BVC. Barristers obtain the qualification of "Barrister" on successful completion of the BVC and "call" to the bar. However, before they can practice independently they must first undertake twelve-months of Pupillage . In December 2004 there were just over 11,500 barristers in independent practice , of whom about ten percent are QCs . Many barristers (about 2,800) are employed in companies as ‘in-house’ counsel, or by local or national Government or in academic institutions. BARRISTERS IN NORTHERN IRELAND See Also: Barristers in Northern Ireland In April 2003 there were 555 barristers in independent practice in Northern Ireland. Sixty six were Queen’s Counsel ("QC's"), barristers who have earned a high reputation and are appointed by the Queen on the recommendation of the Lord Chancellor as senior advocates and advisers. Those barristers who are not QC's are called Junior Counsel and are styled "B.L." or "Barrister-at-Law". The term "junior" is misleading since many members of the Junior Bar are experienced barristers with considerable expertise. Benchers are, and have been for centuries, the governing bodies of the four Inns of Court in London and King’s Inns, Dublin. The Benchers of the Inn of Court of Northern Ireland governed the Inn until the enactment of the Constitution of the Inn in 1983, which provides that the government of the Inn is shared between the Benchers, the Executive Council of the Inn and members of the Inn assembled in General Meeting. The Executive Council (through its Education Committee) is responsible for considering Memorials submitted by applicants for admission as students of the Inn and by Bar students of the Inn for admission to the degree of Barrister-at-Law and making recommendations to the Benchers. The final decisions on these memorials are taken by the Benchers. The Benchers also have the exclusive power of expelling or suspending a Bar student and of disbarring a barrister or suspending a barrister from practice. The Executive Council is also involved with the education; fees of students; calling counsel to the Bar although call to the Bar is performed by the Lord Chief Justice on the invitation of the Benchers; administration of the Bar Library (to which all practising members of the Bar belong); and liaising with corresponding bodies in other countries. The Bar Council is responsible for the maintenance of the standards, honour and independence of the Bar and, through its Professional Conduct Committee, receives and investigates complaints against members of the Bar in their professional capacity. All barristers and solicitors in NI have passed exams at the Institute of Professional Legal Studies, of Queen's University of Belfast. The exams there are different from the rest of the UK, but on the possession of a qualifiying law degree (especially from QUB, Queens), the teaching can be missed, and the exam can be sat directly. Those with a non-qualifying degree can still do the exams, on the completion of the relevant course. After a pupillage with an experienced barrister at the Bar Library, one is then qualified. Acquiring work as a barrister is, bizarrely, much more secretive than in England. One needs their personal contacts of barristers to get a pupillage, and of solicitors to be given paid work. 2-3 years of basically voluntary work needs to be done first, to prove one's potential as a barrister. Barristers in NI do not dine formally, as is done in England. BARRISTERS IN OTHER JURISDICTIONS Advocate s in Scotland and the Channel Islands are similar to barristers, but there are significant differences in professional practice. Barristers are also found in the Republic Of Ireland , Hong Kong (where the Chinese name ''da lu shi'', ''大律師'' is also used), and Australia (in the states without a fused profession, namely New South Wales , Victoria , and Queensland ). In Canada , the professions of barrister and solicitor are fused, and many lawyers refer to themselves with both names. However, in Quebec , which has substantive law under the Civil Law tradition, the practice is closer to that of the United Kingdom, with ''les avocats'' practicing before the courts, and Civil Law Notaries or ''les notaires'' limited to most of the functions of solicitors. In Western Australia and South Australia , the professions of barristers and solicitors are fused, but nonetheless an independent bar is in existence, regulated by those States' Legal Practice Boards. A similar arrangement exists in New Zealand . In Tasmania (Australia) the profession is fused although a very small number of practitioners operate as an independent bar. The United States does not draw a distinction between barristers and solicitors; all lawyers who pass the Bar Examination may argue in the courts of the state in which they are admitted, although some state appellate courts require attorneys to obtain a separate certificate of admission to plead and practice in the appellate court. This separate admissions process, where it exists, is usually a simple matter of paying a small application fee. Federal courts at each level (Federal District, Circuit Courts of Appeals, Supreme Court) require specific admission to that court's bar in order to practice before it, but there is no separate examination process for federal courts, and admission is usually granted as a matter of course to any attorney licensed in the state where the particular federal court sits. Although most European countries have divided legal professions, with different kinds of lawyers performing different functions, only Spain has a division which generally corresponds to the division in Britain between barristers/advocates and solicitors. ''Procuradores'' represent the interests of a litigant in court, while ''abogados'' is the general term for other lawyers. Procuradores are regulated by Royal Decree 2046 of 1982, which approved the General Statute of the Procuradores, and the Organic Law no.6 of 1985. The General Statute regulates the qualifications and conduct of the procuradores. Thus, obligations to act ''pro bono'' are laid down by Article 13. SEE ALSO EXTERNAL LINKS
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