Also known as: barristers · bar · counsel · advocate
Written by attorneys · grounded in primary & secondary sources — see below
A legal practitioner authorized to represent clients in court proceedings and provide specialized advocacy.
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Bei Bai purchased property from Bernard Bass under a contract containing a promise to build a boundary fence. After closing the deed omitted the fence obligation. Bei Bai retained a barrister who argued the independent promise survived merger because the parties never intended it to merge into the deed. The court examined the parties' intent and allowed the claim to proceed.
Beatrice Brown faced criminal charges and her barrister moved for dismissal asserting violation of the right to a speedy public trial by an impartial jury in the proper district. The barrister also invoked the right to compulsory process and assistance of counsel. The court granted relief after finding the delay prejudicial.
Blake Butler could not afford counsel after his initial appearance. His barrister petitioned the court under the rule entitling an indigent defendant to appointed representation at every stage through appeal. The court appointed counsel and the proceedings continued without waiver.
Brittany Bell sought to enter a business deal with her client. Her barrister advised the client in writing of the need for independent counsel and gave reasonable time to obtain it before proceeding. The client later gave informed written consent to the transaction terms.
Bayside Shipping faced discovery requests targeting employee communications with corporate counsel. The barrister successfully asserted attorney-client privilege because the communications were made at superiors' direction for legal advice. The court also protected related work product materials.
Byron Bishop urged another person to commit arson with specific intent that the crime occur. The barrister defended on the ground that mere approval does not satisfy the incitement element. The court held the offense complete upon the solicitation itself regardless of response.
A barrister must act with reasonable diligence and promptness. Failure to respond to time-sensitive demands that jeopardize the client's position violates this duty even when the lawyer awaits client input.
A barrister may accept an unfamiliar matter only if she can acquire the necessary knowledge and preparation through reasonable study or by associating with competent counsel without undue risk to the client.
Negligence occurs when the barrister fails to exercise the care a reasonably prudent lawyer would use and that failure proximately causes the client's loss. Ignoring a clear termination threat that leads to production shutdown satisfies the elements.
…the last term, viz. December term, 1801, William Marbury, Dennis Ramsay, Robert Townsend Hooe, and William Harper, by their counsel Charles Lee, late Attorney General of the United States, severally moved the court for a rule to James Madison, Secretary of State of the United States, to show cause why a mandamus should…