Bar (law)
The bar denotes the legal profession and courtroom division.
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In law, the bar refers to the legal profession as a whole. The word comes from a physical barrier in medieval European courtrooms that separated the public seating area from the space reserved for lawyers and court officials. This barrier, often a railing or similar partition, is still found in many modern courts across the United States, Europe, and elsewhere. The area behind the bar is open to spectators, while only authorized participants may enter the restricted zone.
U.S. procedure
The term also describes the process of qualifying to practice law in a particular jurisdiction. In the United States, each state runs its own admission process through its bar association. Candidates generally need to graduate from an accredited law school and pass a written exam, most commonly the Multistate Bar Examination (MBE). Many states now use the Uniform Bar Examination, which includes the MBE.
On non-MBE days, the exam may cover state-specific laws. If a candidate achieves the required score, they are admitted to the bar. A lawyer whose license is revoked is said to be disbarred. States may also require character reviews, ethics exams, or courtroom observations.
For the U.S. Patent and Trademark Office, a separate one-day exam—often called the "patent bar"—is required to practice before its patent section. Unlike the general bar exam, law school is not a prerequisite; instead, candidates need a science or engineering background, typically a bachelor's degree in a relevant field. Those who pass are called "patent attorneys" if they hold an active law license from any U.S. state, and "patent agents" otherwise. Both can represent clients before the USPTO’s patent section and issue patentability opinions, but only licensed attorneys may handle other patent matters like licensing or infringement lawsuits.
British procedure
In the United Kingdom, the term "the bar" specifically refers to the professional organization for barristers (called advocates in Scotland). Solicitors have their own body, the Law Society. Being "called to the bar" means being admitted as a barrister, not a solicitor.
Advocacy in court is almost always done by barristers or advocates. The UK distinguishes between the inner bar (senior King’s counsel) and the outer bar (junior barristers). In other jurisdictions, all lawyers are simply said to be called to the bar.
The legal profession
The bar can also refer to a branch of the profession, such as the "tort bar" for lawyers who specialize in civil damages suits. When paired with "bench," the bar refers to lawyers representing clients, while the bench refers to judges. However, in some countries, judges who previously worked as lawyers remain members of the bar, and lawyers are considered officers of the court. The phrase "bench and bar" covers all judges and lawyers collectively.
Quick Facts
- Field
- Law
- Known for
- Legal profession as an institution
- licensing procedure for lawyers
- courtroom division
- Related terms
- Bench
- bar association
- call to the bar
- disbarred
Facts from the source article.
Lore & Background
The origin of the term bar is from the barring furniture dividing a medieval European courtroom, which defined the areas restricted to lawyers and court personnel from which the general public was excluded. Within most modern courts of the U.S., Europe and many other countries, the bar continues to be represented by a physical partition, such as a railing or barrier. The area behind the bar is restricted to lawyers, court personnel, and parties; the gallery (in front of the bar) is open to the public. This restriction is enforced in nearly all courts.
In the United Kingdom, 'the Bar' refers to the collective body of barristers (referred to in Scotland as advocates), not the professional organization (which is the Bar Council or Faculty of Advocates); the other type of UK lawyer, solicitors, have their own body, the Law Society. Correspondingly, being 'called to the bar' refers to admission to the profession of barristers, not solicitors. Other jurisdictions make no such distinction and all lawyers for admission may be said to be called to the bar.
In the United States, this procedure is administered by the individual U.S. states and their respective bar associations. In general, a candidate must graduate from a qualified law school and pass a written test: the bar examination. Almost all states use the Multistate Bar Examination (MBE), a multiple-choice exam administered on one day of a two- or three-day test.
An increasing number use the Uniform Bar Examination, which includes the MBE. In either case, on days during which the MBE is not administered, the bar exam may include questions related to that state's laws. If the candidate reaches the score required by a particular state, the candidate is then admitted to the bar. A lawyer whose license to practice law is revoked is said to be disbarred.
Reader's Guide
The bar is significant as the central institution of the legal profession, representing both the physical division in a courtroom and the licensing process for lawyers. Its legacy includes the distinction between the bar and the bench—lawyers who represent clients versus judges who adjudicate—and the phrase 'bench and bar' denotes all judges and lawyers collectively. The bar's role in licensing ensures that lawyers meet qualifications such as passing a bar examination, and in the U.S., state bar associations may set additional requirements like character screenings or ethics exams. The term also extends to specialized branches, such as the tort bar for lawyers who specialize in civil suits for damages.
In the UK, the bar is specifically for barristers, while solicitors have their own body, the Law Society. The concept of being 'called to the bar' marks admission to the profession of barristers. The bar's influence is seen in the patent bar, a separate examination by the USPTO for those with science or engineering backgrounds, who become patent attorneys or agents. Overall, the bar remains a foundational concept in law, governing who may practice and how courts are structured.
Frequently Asked Questions
What is Bar (law)?
The bar is the collective name for the legal profession as an organized institution. It also refers to the physical line in a courtroom that separates the spectator gallery from the area where lawyers and the judge operate.
What role does Bar (law) play in the legal system?
It functions as both the body of licensed practitioners who appear before a court and the qualifying procedure through which a lawyer earns the right to practice in a particular jurisdiction. The single term thus links the people, the admission process, and the courtroom architecture together.
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Sources
Compiled from Wikipedia and the sources listed below. Text from Wikipedia is available under CC BY-SA 4.0; this entry is adapted from it.
- Wikipedia: Bar (law) (CC BY-SA 4.0).
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