Barrister

Barrister, a counsellor learned in the law who pleads in Court and undertakes the advocacy or defence of causes. It is supposed the term Barrister arose in England from the arrangement of the halls of the different Inns of Court. The benchers and readers being the superiors of each house, occupied on public occasions of assembly the upper end of the hall, which was raised on a dais, and separated from the other part of the building by a bar. The next in degree were the utter barristers, who, after they had attained a certain standing, were called from the body of the hall to the bar (that is, the first place outside the bar) for the purpose of taking a principal part in the meetings or exercises of the house; and hence they probably derived the name of utter or outer barristers. The other members of the Inn, consisting of students of the law under the degree of utter barristers, took their places near to the centre of the hall and farther from the bar, and from this manner of distribution appear to have been called inner barristers. The distinction between utter and inner barristers has been long since abolished. The former are called barristers generally, and the latter students. A barrister is under the control of the benchers of his Inn; his fees are an honorarium, and no action lies to recover them, nor can security be given or taken for them. Conveyancers, or special pleaders below the bar (a very restricted body now) may, however, maintain an action or take security for their fees. The degree of serjeant (which ancient title could only be allowed after sixteen years' standing) formerly carried with it exclusive audience in the Court of Common Pleas. This was abolished in 1840, but the practice for all newly-appointed judges if not of the degree of the Coif to be admitted to that order before taking their seat on the bench was continued till a recent period, when, being found incompatible with the system introduced by the Judicature Acts, it was abolished, and now the title has become extinct. Another higher class of barristers is the "Queen's Counsel." They are from time to time selected on the nomination of the Lord Chancellor (the two principal of whom are the Attorney- and Solicitor-General). This advancement in the profession is known as "taking silk," and the Queen's Counsel thereafter appears in Court in a different style of gown from the outer barristers, and on special occasions wears a "full-bottomed wig," and sits within the bar. When a Queen's Counsel is retained against the Crown in any case he has to obtain a special licence for the purpose. In addition to the above, a practice has. grown up in recent times of granting letters patent of precedence among themselves to such barristers as are thought worthy of that mark of distinction. Barristers with patents of precedence rank promiscuously with the Queen's Counsel, and sit with them, but they are not the sworn servants of the Crown, and consequently may appear against the Crown without any licence for that purpose. A counsel may on his client's behalf compromise the case without express instructions for that purpose. A barrister must be instructed by a solicitor, and his services are not obtainable without such instructions.