Barrister

Legal Definition and Related Resources of Barrister

Meaning of Barrister

In England, the legal profession is divided into two categories; barristers and solicitors. Barristers are those who have been called to the bar by one of the Four Inns, and have the exclusive right of audience in the High Courts. Barristers’ remuneration is strictly an honorarium , and they cannot sue to recover the same. According to tradition, a barrister was not to demand a fee, but had a pouch on the back of his robe or barrister’s black gown into which the litigant client was to put the honorarium. The pouch still f.r.s. a symbolic part of the robes of a queen’s counsel . In England a barrister is not liable in negligence to the litigant. Strictly speaking, he is retained by the litigant’s solicitor.

Barrister Alternative Definition

In English law. A counsellor admitted to plead at the bar. Inner Barrister. A Serjeant or king’s counsel who pleads within the bar. Ouster Barrister. One who pleads ouster, or without the bar. Vacation Barrister. A counsellor newly called to the bar, who is to attend for several long vacations the exercise of the house. Barristers are called apprentices, apprentitii ad legem, being looked upon as learners, and not qualified until they obtain the degree of serjeant. Edmund Plowden, the author of the Commentarie.s, a volume of elaborate reports in the reigns of Edward VI., Mary, Philip and Mary, and Elizabeth, describes himself as an apprentice of the common law. See Attorney.

Legal Definition of Barrister

A lawyer who has been called to the Bar and who is qualified to plead in the Higher courts.

Synonyms of Barrister

noun

  • advocate
  • attorney
  • attorneyatlaw
  • counsel
  • counselor
  • counseloratlaw
  • jurisconsult
  • jurisprudent
  • jurist
  • lawyer
  • learned counsel
  • legal adviser
  • legal practitioner
  • legist
  • member of the bar
  • procurator
  • publicist
  • solicitor

Related Entries of Barrister in the Encyclopedia of Law Project

Browse or run a search for Barrister in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Barrister in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Barrister in Historical Law in the Encyclopedia of Law.

Legal Abbreviations and Acronyms

Search for legal acronyms and/or abbreviations containing Barrister in the Legal Abbreviations and Acronyms Dictionary.

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Recorder.

What does Barrister mean in American Law?

The definition of Barrister in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

The English bar is divided into barristers and solicitors. Barristers, who must be members of one of the four Inns of Court, are limited to trial practice, and have exclusive right to practice before the House of Lords and Privy Council (sitting as appeals courts), and the Supreme Court of Judicature.

The English barristers are subject to numerous rules which seem odd to U.S. lawyers, e.g., they cannot sue for their fees, which are instead regarded as gratuities; they cannot go into partnership with other barristers, or split fees with solicitors; they cannot make contingent fee arrangements; they cannot deal directly with clients, but only through solicitors; they cannot do any advertising or self-promotion; they are totally immune to any action for malpractice, and from libel actions based on any words spoken in the course of a case. See also Queen’s Counsel.

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Related topics Barrister in the World Encyclopedia of Law

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This definition of Barrister Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

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Barrister in the Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims

See Bar.

Note: This legal definition of Barrister in the Dictionary of Law (English and American Jurisprudence) is from 1893.

English Spanish Translation of Barrister

Abogado de litigios (Tribunalista). Abogado que presenta la causa ante los Tribunales (en el Reino Unido principalmente)

Find other English to Spanish translations from the Pocket Spanish English Legal Dictionary (print and online), the English to Spanish to English dictionaries (like Barrister) and the Word reference legal translator.

Grammar

This term is a noun.

Etimology of Barrister

(You may find barrister at the world legal encyclopedia and the etimology of more terms).

one practicing as an advocate in English courts of law, 1540s, from bar (n.3) in the legal sense + -ster. Also see attorney. The middle element is obscure. Related: Barristerial.

Meaning of Barrister in Spanish

Description/ translation of barrister into Spanish: (véase counsel) abogado (miembro de la profesión jurídica habilitado para actuar ante todos los tribunales)[1]

Note: for more information on related terms and on the area of law where barrister belongs (criminal procedure law), in Spanish, see here.

Notes and References

  1. Translation of Barrister published by Antonio Peñaranda

Resources

See Also

  • Bar

Resources

See Also

  • Law Dictionaries.
  • attorney.
  • Barrister in Law Enforcement

    Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of barrister.

    Resources

    See Also

    • Law Enforcement Officer
    • Police Officer
    • Law Enforcement Agency

    Further Reading

    English Legal System: Barrister

    In the context of the English law, A Dictionary of Law provides the following legal concept of Barrister :

    A legal practitioner admitted to plead at the Bar. A barrister must be a member of one of the four *Inns of Court, by whom he is called to the Bar when admitted to the professio Barristers normally take a three-year law degree at university, followed by a one-year course at Bar school after which they are called to the Bar. Thereafter they take a pupillage in chambers and then seek a permanent place as a “tenant”. The primary function of barristers is to act as *advocates for parties in courts or tribunals, but they also undertake the writing of opinions and some of the work preparatory to a trial. Their general immunity from law suits in negligence for criminal and civil litigation has been abolished. With certain exceptions a barrister may only act upon the instructions of a *solicitor, who is also responsible for the payment of the barrister’s fee. Barristers have the right of audience in all courts: they are either *Queen’s Counsel (often referred to as leaders or leading counsel or *junior barristers.

    See also advocacy qualificatio

    Justice System: barrister

    Concept of Barrister

    Traditional meaning of barrister [1]: In England, a counsel admitted to plead at the bar. Outer or utter barristers: those who appear without the bar, as distinguished from inner barristers (sergeants, or Queen’s counsel). Barristers conduct cases in court, while attorneys prepare the pleadings and see to matters out of court.

    Resources

    Notes and References

    1. Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Barrister”, Boston: Little, Brown, and Company, 1911, United States. This term and/or definition may be absolete. It is also called the Stimson’s Law dictionary, based on a glossary of terms, included Barrister.

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