 Role
of the Bar
The rule of law is essential to a free society.
It is maintained and sustained by an independent
judiciary, assisted by barristers and solicitors
whose responsibility it is to provide the community
with legal advice and representation in the courts.
Sir Owen Dixon, on his swearing in as Chief Justice
of the High Court of Australia, noted the important
role of both branches of the profession in the
administration of justice and, of the Bar, said:
“The
Bar has traditionally been, over the centuries,
one of the four original learned professions.
It occupied that position in tradition because
it formed part of the use and the service
of the Crown in the administration of justice.
But because it is the duty of the barrister
to stand between the subject and the Crown,
and between the rich and the poor, the powerful
and the weak, it is necessary that, while
the Bar occupies an essential part in the
administration of justice, the barrister
should be completely independent and work
entirely as an individual, drawing on …
resources of learning, ability and intelligence,
and owing allegiance to none. …
Counsel who brings …
learning, ability, character and firmness
of mind to the conduct of causes, and maintains
the very high tradition of honour and independence
of English advocacy, in my opinion makes
a greater contribution to justice than the
judge himself.”
(1951 – 52) 85 C.L.R. xi – xii
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