Bar (law)

In law, the bar refers to the legal profession as a whole. The word comes from the physical barrier in medieval European courtrooms that separated the area for lawyers and court officials from the space for the general public. This barrier, often a railing, still exists in many modern courts in the U.S., Europe, and elsewhere, and the public is generally kept behind it. The term "bar" can also describe the process of qualifying to practice law in a specific place.

British procedure

In the United Kingdom, "the bar" specifically means the professional body for barristers (called advocates in Scotland). Solicitors have their own organization, the Law Society. Being "called to the bar" means being admitted as a barrister, not a solicitor. Other countries do not make this split, and all lawyers there are considered called to the bar upon admission.

U.S. procedure

In the United States, each state runs its own bar admission process through its bar association. Candidates usually need to graduate from an accredited law school and pass a written exam, the bar examination. Most states use the Multistate Bar Examination (MBE), a multiple-choice test given on one day of a two- or three-day exam. More states are adopting the Uniform Bar Examination, which includes the MBE.

On other days, the exam may cover that state's specific laws. If a candidate gets the required score, they are admitted to the bar. A lawyer whose license is taken away is said to be disbarred. State bar associations may also require trial observations, background checks, or an ethics exam.

For patent law in the U.S., a separate one-day exam is given by the United States Patent and Trademark Office (USPTO). This is often called the "patent bar," though that word is not in its official name.

Unlike the general bar exam, law school is not required; instead, the main requirement is a science or engineering background, usually a bachelor's degree in a relevant field. Those who pass are called "patent attorneys" if they hold a law license from any U.S. state, and "patent agents" otherwise. Both can represent clients before the USPTO and give patentability opinions, but only licensed attorneys can handle other patent work like licensing or infringement lawsuits.

In the United Kingdom, law practice is split between barristers (or advocates in Scotland) and solicitors. Court advocacy is almost always done by barristers or advocates. Becoming one is called being called to the bar. There is also a distinction between the inner bar (senior King's counsel) and the outer bar (junior barristers).

The legal profession

The bar generally means the legal profession. With a modifier, it can refer to a specialty, like the tort bar for lawyers who handle civil damage suits.

When paired with "bench," the bar refers to lawyers representing clients, while the bench refers to judges. In some countries, judges who were formerly lawyers remain members of the bar, and lawyers are called officers of the court. The phrase "bench and bar" covers all judges and lawyers together.