Home >> Bouvier's Law Dictionary >> Usury to Workmens Compensation Acts >> Utter Barrister

Utter Barrister

court, bar and courts

UTTER BARRISTER.

Vacation bdrriater. A counsellor newly called to the bar, who is to attend for sev eral long vacations the exercises of the house.

In the old books, barristers are called apprentices, apprentitii ad legein, or ad barras (from which the term barrister was derived), being looked upon as learners, and not qualified until they obtain the de gree of serjeant. Edmund Plowden, the author of the Commentaries, a volume of reports in the reigns of Edward VI., Mary, Philip and Mary, and Elizabeth, describes himself as an apprentice of the common law. See generally, Weeks on Attys. § 29.

Barristers are now either "utter barris ters," now more frequently called "junior barristers," or king's counsel. The former is a person who was formerly a student at an Inn of Court and who has been "called to the bar" by the benchers of his Inn and at his Inn. A recent writer insists that the judges, by statute, alone have the right to call to the bar, i. e. alone can give the "right of audience" ; the judges have consti tuted the benchers of the Inns of Court their deputies for that purpose ; W. C. Bolland, 24

L. Q. R. 397 ; 23 id. 438. The Inns of Court only call to the bar of their societies and not to the bar itself ; 29 L. Q. R. 23. See Dm BAR.

A king's counsel is a barrister whom the judges have "called within the bar" at the Royal Courts of Justice ; Odger, C. L. 1425.

See INNS OF COURT; Barristers have an exclusive right of au dience as advocates in the House of Lords, Privy Council, Supreme Court of Judicature, Central Criminal Court and Assizes; also in Courts of County and Borough Quarter Sessions whenever a sufficient number reg ularly attend the court. They have no ex-, elusive right in County Courts, Sheriffs' Courts, Coroners' Courts, Ecclesiastical Courts and Courts of Petty Sessions ;' Odger C. L. 1427. They are obliged to accept any brief (accompanied by a suitable fee) except under special circumstances.