In order to encourage freedom of speech in the lawful defense of their clients, and, at the same time, to give a check to unseemly licentiousness, it has been held that a counsel is not answerable for any matter by him,spoken, relative to the cause in hand, and suggested in his client's instructions, although it should reflect upon the reputation of another, and even prove absolutely groundless;* but if lie mentions an untruth of his own invention, or even upon instructions, if it be impertinent to the cause in hand, he is then liable to an action from the party injured; and counsel guilty of deceit or collu sion are punishable by the statute 'Westin. I. (3 Edw. I., c. 23) with imprisonment for a year and a day, and perpetual silence in the courts—a punishnient which may be inflicted for gross misdemeanors in practice, although the course usually resorted to is for the bencliers of the inn of court, to which the person so offending belongs, to disbar him. See Stephen's Commentary, and Reis Blackstone, and see BENCHERS and DISBAR.
But besides advocacy and forensic disputation, B. in England have other business to which they have extended their practice, to the great advantage of the public. This additional practice consists in advising on the law by their opinion on it case stated, by means of which harassing and fruitless litigation is often prevented (see OPINION OF COUNSEL); in drawing or preparing the pleadings or statement of facts on which an action or suit is founded (see PLEADING); and in preparing the drafts or scrolls of legal instru ments, indentures, deeds, contracts, or other conveyances. See CONVEYANCING and CONVEYANCER. As a correlative privilege of the position in which they stand in respect of their fees, barristers are not personally liable for the injurious consequences of erroneous advice. they may give; and they claim absolute control over the conduct of all litigation in which they may be engaged, even to withdrawing it from court, unless the client expressly dissent; and until lately, it was the opinion of the profession that counsel might at any time, during the progress of a cause, compromise the matter in dispute; but the exercise of such discretion was successfully opposed in a recent case, and it is now admitted that B. have no ex officio privilege beyond the guidance and con duct of actual litigation in court, .
It is from the body of B. that all the judges in England, superior and inferior, are appointed; and B. are also always chipsen for the office of paid magistrate. The only exception to the exclusive appointment of B. to judicial offices, is the case of justices
at petty and quarter sessions, chiefly a criminal jurisdiction, but which works well in practice, and has many claims to consideration. See QUARTER SESSIONS.
The bar in Ireland stands on the same footing, and has the same ranks and degrees, and is subject very much to the same rules and regulations, as the English bar; and in that country, barrister also is the name by which the profession of an advocate is dis tinguished. In Scotland, the same office is simply called by its own name of advocate. See ADVOCATES, FACULTY or.
At the bar of the house of lords, and before parliament generally, before the privv council, and also, it is believed, in all trials for high treason, 'whether in England, Ireland, or Scotland, the three bars rank on a footing of equality, taking precedence accord in„ to the date of their call and admission to their own respective bars, with the excep tion of those who are queen's counsel, who recently have also been introduced into Scot land, and now are n in precedence to the lord advocate (see ADVOCATE, Lonn), the solicitor geluTal of Sco 'and (q.v.), and the dean of faculty (q.v.). It was at one time dis puted between the lo -(1 advocate of Scotland and the attorney-general of England, which of them should lead the other at the bar of the house of lords; and a case occurred in 1834 in the house of lords, before lord chancellor Brougham, in which very high pre tensions were urged on behalf of both functionaries. These were the late lord chancellor Campbell as attorney-general, and the late lord Jeffrey as lord advocate, who contended that as he was not only the first law-officer of the crown in Scotland, but also a high political officer, he was entitled to lead the former. But the house decided that the attorney-general of England has precedency over the lord advocate of Scotland, in all matters in which they may appear as counsel at their lordships' bar; and it is presumed that the same rule would be followed before parliament generallv, the privy-council, and in all trials for high treason, whether in England, Ireland, or The relative rank of the to English is the same.
It only remains to be added, that as the three bars are on a footing of equality in the house of lords, and the other imperial and supreme tribunals above mentioned, the English bar have no exclusive audience in these, even in English cases; but all causes there, whether English, Irish, Scotch, or colonial, may be equally and indis criminately taken and advocated by English, Irish, or Scotch counsel.