among outer barristers, is
determined by seniority.[1] The old order of serjeants-at-law (_q.v._) who
ranked after king's counsel, is now extinct. Although every barrister has a
right to practise in any court in England, each special class of business
has its own practitioners, so that the bar may almost be said to be divided
into several professions. The most marked distinction is that between
barristers practising in chancery and barristers practising in the courts
of common law. The fusion of law and equity brought about by the Judicature
Acts 1873 and 1875 was expected in course of time to break down this
distinction; but to a large extent the separation between these two great
branches of the profession remains. There are also subordinate distinctions
in each branch. Counsel at common law attach themselves to one or other of
the circuits into which England is divided, and may not practise elsewhere
unless under special conditions. In chancery the king's counsel for the
most part restrict themselves to one or other of the courts of the chancery
division. Business before the court of probate, divorce and admiralty, the
privy council and parliamentary committees, exhibits, though in a less
degree, the same tendency to specialization. In some of the larger
provincial towns there are also local bars of considerable strength. The
bar of Ireland exhibits in its general arrangements the same features as
the bar of England. For the Scottish bar, see under ADVOCATES, FACULTY OF.
There is no connexion whatever between the Scottish and English bars. A
distinctive dress is worn by barristers when attending the courts,
consisting of a stuff gown, exchanged for one of silk (whence the
expression "to take silk") when the wearer has attained the rank of king's
counsel, both classes also having wigs dating in pattern and material from
the 18th century.

Counsel is not answerable for anything spoken by him relative to the cause
in hand and suggested in the client's instructions, even though it should
reflect on the character of another and prove absolutely groundless, but if
he mention an untruth of his own invention, or even upon instructions if it
be impertinent to the matter in hand, he is then liable to an action from
the party injured. Counsel may also be punished by the summary power of the
court or judge as for a contempt, and by the benchers of the inn to which
he may belong on cause shown.

The rank of barrister is a necessa