Fused profession: Difference between revisions
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{{Short description|Single profession of barrister and solicitor is provided by statute}} |
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'''Fused profession''' is a term relating to jurisdictions where the [[legal profession]] is not divided between [[barristers]] and [[solicitors]]. |
'''Fused profession''' is a term relating to jurisdictions where the [[legal profession]] is not divided between [[barristers]] and [[solicitors]]. Generally, the term is used in the context of [[Commonwealth of Nations|Commonwealth]] countries, where the single profession of barrister and solicitor is provided by statute. |
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| ⚫ | In some jurisdictions (e.g., [[New South Wales]], [[Queensland]] in Australia), there is a distinction between barristers and solicitors; legal practitioners must practise as either one or the other, and are members either of the local [[bar association|bar]] or [[law society]]. In other jurisdictions (e.g. [[Bangladesh]], [[Malaysia]], [[Singapore]], the nine common law provinces of [[Canada]], [[Tasmania]], [[Victoria (Australia)|Victoria]], [[South Australia]] and [[Western Australia]]), there is no formal distinction but legal practitioners nonetheless practise as either one or the other. |
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It is generally used in the context of [[Commonwealth of Nations|Commonwealth]] countries which have provided by statute for there to be a single profession of "Barrister and Solicitor". |
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In Bangladesh, despite having a fused profession,<ref>{{Cite web |title=The Bangladesh Legal Practitioner's and Bar Council Order, 1972 (President's Order)(PRESIDENT'S ORDER NO. 46 OF 1972) |url=http://bdlaws.minlaw.gov.bd/act-details-387.html |access-date=13 April 2024 |website=Laws of Bangladesh, Legislative and Parliamentary Affairs Division}}</ref> there are separate enrolment rules specifically applicable to individuals [[Call to the bar|called to the Bar]] in [[England and Wales]],<ref>{{Cite web |last=Sun |first=Daily |date=25 October 2017 |title=‘Barristers’ in Bangladesh: Why do they stand out? |url=https://www.daily-sun.com/printversion/details/264015 |access-date=2024-04-13 |website=Daily Sun |language=en}}</ref> including unregistered [[Barrister|Barristers]].<ref>{{Cite web |date=2015-07-09 |title=Holding Out as a ‘Barrister’ whilst conducting Foreign Work – A Personal Perspective |url=https://thebarnecessities.wordpress.com/2015/07/09/holding-out-as-a-barrister-whilst-conducting-foreign-work-a-personal-perspective/ |access-date=2024-04-13 |website=The Bar Necessities |language=en}}</ref> |
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| ⚫ | In |
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The legal profession in the United States is fused; however, an individual licensed to |
The legal profession in the [[United States]] is fused; however, an individual licensed to practise law is often formally referred to as an "Attorney and Counselor at Law", a reference back to the days of the split profession, although the terms barrister and solicitor are not typically used. Nonetheless, attorneys within the United States usually must be "[[Admission to the bar in the United States|admitted to the bar]]" before being allowed to practise law in a particular [[jurisdiction]]. |
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[[England and Wales]], [[Scotland]], the [[Republic of Ireland]], [[Northern Ireland]], and [[Hong Kong]] have all retained separate professions. |
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== References == |
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[[Category:Professions]] |
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[[Category:Lawyers]] |
[[Category:Lawyers]] |
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[[Category:Common law]] |
[[Category:Common law]] |
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[[Category:Legal |
[[Category:Legal professions]] |
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Latest revision as of 18:02, 5 May 2024
Fused profession is a term relating to jurisdictions where the legal profession is not divided between barristers and solicitors. Generally, the term is used in the context of Commonwealth countries, where the single profession of barrister and solicitor is provided by statute.
In some jurisdictions (e.g., New South Wales, Queensland in Australia), there is a distinction between barristers and solicitors; legal practitioners must practise as either one or the other, and are members either of the local bar or law society. In other jurisdictions (e.g. Bangladesh, Malaysia, Singapore, the nine common law provinces of Canada, Tasmania, Victoria, South Australia and Western Australia), there is no formal distinction but legal practitioners nonetheless practise as either one or the other.
In Bangladesh, despite having a fused profession,[1] there are separate enrolment rules specifically applicable to individuals called to the Bar in England and Wales,[2] including unregistered Barristers.[3]
The legal profession in the United States is fused; however, an individual licensed to practise law is often formally referred to as an "Attorney and Counselor at Law", a reference back to the days of the split profession, although the terms barrister and solicitor are not typically used. Nonetheless, attorneys within the United States usually must be "admitted to the bar" before being allowed to practise law in a particular jurisdiction.
England and Wales, Scotland, the Republic of Ireland, Northern Ireland, and Hong Kong have all retained separate professions.
References[edit]
- ^ "The Bangladesh Legal Practitioner's and Bar Council Order, 1972 (President's Order)(PRESIDENT'S ORDER NO. 46 OF 1972)". Laws of Bangladesh, Legislative and Parliamentary Affairs Division. Retrieved 13 April 2024.
- ^ Sun, Daily (25 October 2017). "'Barristers' in Bangladesh: Why do they stand out?". Daily Sun. Retrieved 2024-04-13.
- ^ "Holding Out as a 'Barrister' whilst conducting Foreign Work – A Personal Perspective". The Bar Necessities. 2015-07-09. Retrieved 2024-04-13.
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