The utter bar in English law refers to a collection of junior barristers who are positioned outside the dividing bar in the court. These barristers hold a lower rank compared to King’s Counsel or Queen’s Counsel. They are also referred to as the outer bar and are distinct from the more experienced barristers who sit inside the dividing bar, known as the inner bar.
The utter bar, also known as the outer bar, is a collection of junior barristers in English law who sit outside the dividing bar in the court. They hold a lower rank compared to King’s Counsel or Queen’s Counsel. On the other hand, the inner bar consists of senior barristers who sit inside the dividing bar. During the trial, the utter bar was occupied by young barristers patiently waiting for their opportunity to speak. At one point, the judge requested a member of the utter bar to present the next argument. These instances highlight how the utter bar comprises junior barristers who have not yet reached the level of King’s Counsel or Queen’s Counsel. They sit outside the dividing bar in the court, eagerly awaiting their turn to speak or present an argument.
An Utter Bar refers to a legal principle that prohibits lawyers from making false statements or misrepresentations to the court or opposing parties during legal proceedings.
Violating the Utter Bar can have severe consequences for lawyers, including disciplinary actions such as reprimands, fines, suspension, or even disbarment. Additionally, it can negatively impact the lawyer’s credibility and reputation.
While lawyers are allowed to present their arguments forcefully, they are not permitted to make false statements or misrepresentations, even if they are exaggerated or hyperbolic. Lawyers must maintain honesty and integrity in their advocacy.
There are limited exceptions to the Utter Bar, such as when lawyers are presenting hypothetical scenarios or engaging in negotiations outside the courtroom. However, even in these situations, lawyers must be cautious not to cross the line into making false statements.
The court evaluates whether a lawyer has violated the Utter Bar by considering the context, evidence, and the impact of the statement made. If it is determined that the lawyer knowingly made a false statement or misrepresented the facts, they may face disciplinary action.
Yes, a lawyer can be held liable for violating the Utter Bar. In addition to disciplinary actions, they may also face civil liability if their false statements or misrepresentations cause harm to their clients or other parties involved in the legal proceedings.
Yes, clients who believe their lawyer has violated the Utter Bar can file a complaint with the appropriate disciplinary authority. The disciplinary authority will then investigate the complaint and take appropriate action if the violation is substantiated.
Lawyers can avoid violating the Utter Bar by thoroughly researching and verifying the facts before making any statements in court. They should also exercise caution when presenting arguments, ensuring that they do not make false statements or misrepresentations.
If a lawyer realizes they have made false statements or misrepresentations, they should immediately rectify the situation by informing the court and opposing parties of the error. In some cases, the lawyer may need to withdraw from the case if their credibility has been significantly compromised.
Lawyers can use creative storytelling techniques to present their arguments effectively, as long as they do not cross the line into making false statements or misrepresentations. It is essential for lawyers to maintain honesty and integrity while employing persuasive techniques in their advocacy.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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