Bar (law)

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 open to the public. This restriction is enforced in nearly all courts. In the United Kingdom, the term 'the bar' refers only to the professional organization for barristers (referred to in Scotland as 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, admission to the bar is administered by the individual U.S. states and their respective bar associations. 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). An increasing number use the Uniform Bar Examination, which includes the MBE. A lawyer whose license to practice law is revoked is said to be disbarred.

Reader's Guide

The bar is significant as the institutional framework for the legal profession, defining who may address a court and under what conditions. Its historical origin in courtroom furniture underscores its enduring role in separating legal participants from the public. The term's dual meaning—as both the profession and the licensing procedure—reflects its central function in regulating legal practice. In the United Kingdom, the bar specifically denotes barristers, distinct from solicitors, while in the United States it encompasses all licensed lawyers. The concept of being 'called to the bar' marks formal admission to the profession. The bar also extends to specialized areas, such as the patent bar administered by the USPTO, which requires a science or engineering background rather than law school. The phrase 'bench and bar' collectively denotes judges and lawyers, highlighting the complementary roles of adjudication and advocacy. Disbarment represents the ultimate professional sanction, revoking a lawyer's license. The bar's procedures, including examinations and character screenings, ensure professional standards across jurisdictions.

Did You Know?

• The term 'bar' originates from the barring furniture that divided medieval European courtrooms.
• In the United Kingdom, 'the bar' refers only to barristers (advocates in Scotland), not solicitors.
• A lawyer whose license is revoked is said to be disbarred.
• The patent bar examination administered by the USPTO does not require law school; a science or engineering background is the main prerequisite.