Tags: Bar Exam Why Called
With the exception of a couple of US states, all fledgling attorneys must pass the bar exam before practicing law independently. But have you ever wondered why is it called the Bar exam? Hint: it has nothing to do with local pubs! Sort of.
The term “bar” comes from the United Kingdoms where by the early 14th century, the word referred to a physical railing that separated benchers from the hall of the Inns of Court; the area past the bar held the judge, the barristers (attorneys), and the prisoners or those accused or liable. Passing the bar referred to the ability to enter that space, and the term barrister (which is what attorneys in England are called) loosely meant “a student of law who has been called to the bar” to advocate on behalf of another.
The wooden bar in front of the magistrate’s bench in an 18th-century outdoor courtroom in Belgium
The US, Europe and many other countries referring to the law traditions of Europe still use the word “bar” to refer to the area in front of the magistrate’s bench.
Then, ‘the bar’ came to refer euphemistically to the legal profession as a whole, in reference to the fact that barristers and lawyers carry out their profession beyond the (physical) bar. The bar exam is so called because you have to pass it in order to be allowed beyond the bar in a professional capacity.
So why aren’t attorneys in the US called barristers?
Now this is an interesting question. The word “attorney” actually comes from old French “atorné”, meaning “one who is appointed”. In the English system, the attorney is the equivalent of a solicitor: someone who can stand in place of the client or in the client’s shoes, so to speak.
On the other hand, a barrister only advocate and represent a client at the bar or during the actual trial. The difference is in the representation mandate received by the client.
So the reason why attorneys aren’t called barristers in the United States is because the distinction was simply dropped and an attorney often perform both roles, depending on their specialities.
What about these wigs?
Like many uniforms, wigs are an emblem of anonymity, an attempt to distance the wearer from personal involvement and a way to visually draw on the supremacy of the law. Wigs are so much a part of British criminal courts that if a barrister doesn’t wear a wig, it’s seen as an insult to the court.
As former British colonies, lawyers in America had to wear wigs too. However due to the following three events, wigs were not a fashion necessity in America:
- British imposed a tax on hair powder in Duty on Hair Powder Act 1795 that made wearing wigs even more expensive.
- American Revolution led a desire to break with many British traditions and wigs were among the rejected fads.
- There was a disagreement between John Adams and Thomas Jefferson about whether any of the British traditions should be kept. Robes stayed, wigs didn’t.
Until the tenure of Chief Justice John Marshall, all Supreme Court justices wore red robes with ermine trim and full-bottomed wigs, reminiscent of British court dress. Marshall, however, eschewed this formality and began the practice of only wearing a black silk robe, with no wig.
The French did it first
What’s more interesting about the word “bar” is that it actually comes from an old French word, itself coming from Vulgar Latin *barra rod”, meaning the physical barrier. It only entered the English language between 1175 and 1225.
You know what else the word bar used to refer to? It derives from the metal bar under the countertop under which … drinks were served!
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