Fused profession
Encyclopedia
Fused profession is a term relating to jurisdictions where the legal profession is not divided between barristers and solicitors.
It is generally used in the context of Commonwealth
countries which have provided by statute for there to be a single profession of "Barrister and Solicitor".
In practice, in some jurisdictions (e.g. New South Wales
, Victoria
in Australia) there is no legal distinction between barristers and solicitors but most practitioners only practice as one or the other, and are members either of the local Bar
or Law Society
. In other jurisdictions (e.g. Malaysia, Singapore
, the nine common law provinces of Canada
, Tasmania
and Western Australia
) there is no relevant distinction between these two branches at all.
The legal profession in the United States
is fused; however, an individual licensed to practice 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 practice law in a particular jurisdiction
.
It is generally used in the context of Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
countries which have provided by statute for there to be a single profession of "Barrister and Solicitor".
In practice, in some jurisdictions (e.g. New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
in Australia) there is no legal distinction between barristers and solicitors but most practitioners only practice as one or the other, and are members either of the local Bar
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
or Law Society
Law society
A Law Society in current and former Commonwealth jurisdictions was historically an association of solicitors with a regulatory role that included the right to supervise the training, qualifications and conduct of lawyers/solicitors...
. In other jurisdictions (e.g. Malaysia, Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
, the nine common law provinces of Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, Tasmania
Tasmania
Tasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...
and Western Australia
Western Australia
Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...
) there is no relevant distinction between these two branches at all.
The legal profession in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
is fused; however, an individual licensed to practice 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
Admission to the bar in the United States
In the United States, admission to the bar is the granting of permission by a particular court system to a lawyer to practice law in that system. Each U.S. state and similar jurisdiction has its own court system and sets its own rules for bar admission , which can lead to different admission...
" before being allowed to practice law in a particular jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
.