The Bar: Wikis

Advertisements
  

Note: Many of our articles have direct quotes from sources you can cite, within the Wikipedia article! This article doesn't yet, but we're working on it! See more info or our list of citable articles.

Encyclopedia

(Redirected to Bar association article)

From Wikipedia, the free encyclopedia

A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both.

In many Commonwealth jurisdictions, the "bar association" comprises lawyers who are qualified as barristers or advocates (collectively known as "the bar", or "members of the bar"), while the "law society" comprises solicitors. These bodies are sometimes mutually exclusive. In other jurisdictions, the "bar" may refer to the entire community of persons engaged in the practice of law.

Contents

United States

Membership in the bar is a privilege burdened with conditions.
-Benjamin N. Cardozo, In re Rouss, 221 N.Y. 81, 84 (1917)

In the United States, admission to the bar is permission granted by a particular court system to a lawyer to practice law in that system. This is to be distinguished from membership in a bar association. In the United States, some states require bar association membership for all attorneys, while others do not.

Although bar associations historically existed as unincorporated voluntary associations, nearly all bar associations have since been organized (or reorganized) as corporations. Furthermore, membership in some of them (see the next section below) is no longer voluntary, which is why some of them have omitted the word "association" and merely call themselves the "state bar" to indicate that they are the incorporated body that constitutes the entire admitted legal profession of a state.

Mandatory, integrated or unified bar associations

Some states require membership in the state's bar association to practice law there. Such an organization is called a mandatory, integrated, or unified bar.[1][2] They exist at present in a slight majority of U.S. states, including Alabama (Alabama State Bar), Alaska, Arizona (State Bar of Arizona), California (State Bar of California), Florida (Florida Bar), Georgia (State Bar of Georgia), Idaho, Kentucky, Louisiana, Michigan (State Bar of Michigan), Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon (Oregon State Bar), Rhode Island (Rhode Island Bar Association), South Carolina (South Carolina Bar), South Dakota, Texas (State Bar of Texas), Utah, Virginia (Virginia State Bar), Washington (Washington State Bar Association), West Virginia, Wisconsin, and Wyoming. The District of Columbia, the U.S. Virgin Islands, Puerto Rico, Guam and the Northern Mariana Islands also have unified bars.

In some states, like Wisconsin, the mandatory membership requirement is implemented through an order of the state supreme court, which can be revoked or canceled at any time at the court's discretion. In others, like Oregon, the state legislature passed a law and created a new government agency. California went farther than any other state and wrote the State Bar of California into its constitution.

The first state to have an integrated bar association was North Dakota in 1921.[3]

Voluntary bar associations

A voluntary bar association is a private organization of lawyers. Each chooses its own purposes (e.g. social, educational, and lobbying functions), but does not regulate the practice of law or admit lawyers to practice.

There is a statewide voluntary bar association in every state that has no mandatory or integrated bar association. There are also many voluntary bar associations organized by city, county, or other community. Such associations are often focused on common professional interests (such as bankruptcy lawyers or in-house counsel) or common ethnic interests (such as gender, race, religion, or national heritage), such as the Hispanic National Bar Association. The American Bar Association is the voluntary bar association with the largest membership. Such associations often advocate for law reform and provide information in bar journals, pro bono services or a lawyer referral service to the general public.

There is no mandatory federal bar association. The Federal Bar Association is a private, voluntary group.

There are also a number of subject-specific private associations, which are not officially denominated as bar associations but which serve similar functions in terms of providing their members with useful publications, networking opportunities, and continuing legal education. The largest association of defense counsel is the Defense Research Institute (the "Voice of the Defense Bar"), while the largest association of plaintiffs' counsel is the American Association for Justice (formerly Association of Trial Lawyers of America). The National Lawyers Guild is an association of progressive attorneys and legal workers that was founded as the first integrated national lawyer's association.

Most American law schools have a student bar association, which is a student organization that fulfills various functions, including sometimes serving as the student government.

Advertisements

Judges

Judges may or may not be members of the bar. Etymologically, they sit "on the bench", and the cases which come before them are "at bar" or "at bench". Many states in the United States require that some or all judges be members of the bar; typically these limit or completely prohibit the judges from practicing law while serving as a judge.

The U.S. Constitution contains no requirement that Federal judges or Supreme Court justices be members of the bar. However, there are no modern instances of the President nominating or the Congress approving any candidate who is not a member of any bar. There are various professional associations of judges, such as the American Judges Association, that perform some of the educational and other service functions of bar associations.

Commonwealth

See Bar council

In Canada, one is called to the bar after undertaking a post law school training in a provincial law society program, and undergoing an apprenticeship or taking articles. Legal communities are called provincial law societies, except for Nova Scotia, where it is called the "Nova Scotia Barristers' Society", and Quebec, where it is called the Barreau du Quebec.

In India under the legal framework set established under the Advocates Act, 1961,[4] a law graduate is required to be enrolled with the Bar Council of India. The process of enrollment is delegated by the Bar Council of India to the state Bar Councils wherein almost each state has a Bar Council of its own. Once enrolled with a State Bar Council, the law graduate is recognized as an Advocate and thereupon is entitled to appear and practice before any court in India. There is no formal requirement for further membership of any Bar Association. However Advocates do become members of various local or national bar associations for reasons of recognition and facilities which these associations offer. Besides the Bar Council of India, other known Bar Associations in India are "All India Bar Association" and "Supreme Court Bar Association". Each State and local court generally also has a Bar Association of its own, like the "Delhi High Court Bar Association" "Bombay High Court Bar Association" etc.

In Pakistan, a person becomes a member of the bar after fulfilling certain requirements. They must have a valid law degree from a recognized university, must offer certain undertakings, and pay the Bar Association fees. If a person does not hold an LL.M Degree they must first complete six months pupillage with a practising Advocate, whom they must assist on at least ten cases during a six-month pupillage period.

Etymological history

See bar (law)

The use of the term bar to mean "the whole body of lawyers, the legal profession" comes ultimately from English custom. In the early 16th century, a railing divided the hall in the Inns of Court, with students occupying the body of the hall and readers or benchers on the other side. Students who officially became lawyers crossed the symbolic physical barrier and were "admitted to the bar".[5] Later, this was popularly assumed to mean the wooden railing marking off the area around the judge's seat in a courtroom, where prisoners stood for arraignment and where a barrister stood to plead. In modern courtrooms, a railing may still be in place to enclose the space which is occupied by legal counsel as well as the criminal defendants and civil litigants who have business pending before the court.

See also

Generally

Selected voluntary bar associations

Selected mandatory bar associations

References

  1. ^ William Burnham, Introduction to the Law and Legal System of the United States, 4th ed. (St. Paul: Thomson West, 2006), 135.
  2. ^ The concept of the integrated bar was discussed in Keller v. State Bar of California, 496 U.S. 1 (1990), in which the U.S. Supreme Court agreed with the Supreme Court of California that the state could force lawyers to join the State Bar of California and pay fees as a condition of practicing law in the state. However, the Court then went on to hold that the State Bar could not force lawyers to pay for political and ideological activities with which they did not agree.
  3. ^ Lawrence M. Friedman, American Law in the Twentieth Century (New Haven: Yale University Press, 2002), 41.
  4. ^ "THE ADVOCATES ACT, 1961" (PDF). Bar Council of India. http://barcouncilofindia.nic.in/disk1/196125.pdf. Retrieved 2008-08-27.  
  5. ^ "Etymology: Bar". EtymologyOnline.com. http://www.etymonline.com/index.php?term=bar. Retrieved December 11, 2006.  

External links

United States

Commonwealth of Nations

Civil law and similar jurisdictions


Redirecting to Bar association


1911 encyclopedia

Up to date as of January 14, 2010

From LoveToKnow 1911

THE. BAR This term, as equivalent to the profession of barrister, originated in the partition or bar dividing the English law-courts into two parts, for the purpose of separating the members and officials of the court from the prisoners or suitors, their advocates and the general public. Theoretically, this division of the court is still maintained in England, those who are entitled to sit within the bar including king's counsel, barristers with patents of precedence, serjeants (till the order died out) and solicitors, while the other members of the bar and the general public remain without. Parties in civil suits who appear in person are allowed to stand on the floor within the bar instead of, as formerly, appearing at the bar itself. In criminal trials the accused still stands forward at the bar. There is also a "bar" in parliament. In the House of Commons it remains literally a bar - a long brass rod hidden in a tube from which it is pulled out when required to mark the technical boundary of the House. Before it appear those who are charged with having violated the privileges of the House; below it also sit those members who have been returned at bye-elections, to await their introduction to the House and the taking of the oath of allegiance. In the House of Lords the place where Mr Speaker and the members of the House of Commons stand when summoned by Black Rod is called "the bar." The "call to the bar" in England, by which a law student at one of the Inns of Court is converted into a barrister, is dealt with under Inns Of Court. The exclusive privilege of calling to the bar belongs to those bodies, which also exercise disciplinary power over their members; but it was widely felt by members of the bar in recent years that the benchers or governing body with their self-elected members did not keep a sufficiently watchful eye on the minutiae of the profession. Consequently, in 1883, a bar committee was formed for the purpose of dealing with all matters relating to the profession, such as the criticizing of proposed legal reforms, and the expression of opinions on matters of professional etiquette, conduct and practice. In 1894 the committee was dissolved, and succeeded by the general council of the bar, elected on a somewhat wider basis. It is composed of a due proportion of king's counsel and outer barristers elected by voting-papers sent to all barristers having an address in the Law List within the United Kingdom. Its expenses are paid by contributions from the four Inns of Court. Its powers are not disciplinary, but it would draw the attention of the benchers to any gross violation of the professional etiquette of the bar.

Each state in America has its own bar, consisting of all attorneys-at-law residing within it who have been admitted to practice in its courts. Generally attorneys are admitted in one court to practice in all courts. Each of the United States courts has a bar of its own. An attorney of a state cannot practise in a court of the United States unless he has been admitted to it, or to one of the same class in another district or circuit. He cannot appear in the Supreme Court of the United States unless specially admitted and sworn as an attorney of that court, which is done on motion in case of any one who has practised for three years in the highest courts of his state and is in good standing at its bar. In most of the states there is a state bar association, and in some cities and counties local bar associations. These consist of such members of its bar as desire thus to associate, the object being to guard and advance the standards of the profession. Some own valuable libraries. These associations have no official recognition, but their influence is considerable in recommending and shaping legislation respecting the judicial establishment and procedure. They also serve a useful purpose in instituting or promoting proceedings to discipline or expel unworthy attorneys from the bar. There is an American Bar Association, founded in 1878, composed of over 3500 members of different states of like character and position. Some of these associations publish annually a volume of transactions. The rights, duties and liabilities of counsellor-at-law are stated under Attorney. As members of the bar of the state in which they practise they are subject to its laws regulating such practice, e.g. in some states they are forbidden to advertise for divorce cases (New York Penal Code [1902] ยง 148a) (1905, People v. Taylor 'Colorado], 75 Pac. Rep. 914). It is common throughout the United States for lawyers to make contracts for "contingent fees," i.e. for a percentage of the amount recovered. Such contracts are not champertous and are upheld by the courts, but will be set aside if an unconscionable bargain be made with the client (Deering v. Scheyer [N.Y.], 58 App. D. 322). So also by the U.S. Supreme Court (Wright v. Tebbets, 91 U.S. 252; Taylor v. Benis, I10 U.S. 42). The reason for upholding such contracts is that otherwise poor persons would often fail of securing or protecting their property or rights. In fact such contracts are seldom set aside, though no doubt, the practice is capable of abuse.


<< Bar (Geography)

Bara Banki >>


Advertisements






Got something to say? Make a comment.
Your name
Your email address
Message