What's the Difference Between: A Lawyer, Solicitor,
Advocate, Barrister, Counselor, and an Attorney?
by: Amit Laufer
Have you ever wondered where all these somewhat confusing terms
came from? Well the answer is they are all types of Lawyers originated
from various legal systems. Some of the terms are from the English
legal system, some are from Scotland and some from the American
legal system.
An Attorney is somebody legally empowered to represent another
person, or act on their behalf.
A Lawyer is somebody who can give legal advice and has been trained
in the law.
Are Attorney and Lawyer are synonyms? Basically yes, but they
are not necessarily Interchangeable terms, you cannot for instance
say I give you the Power of a Lawyer, but you definitely might
say I give you the power of Attorney...
Look again at the above definitions, does it now make any sense?
Off course it does.
An attorney in fact is an agent who conducts business under authority
that is controlled and limited by a written document called a letter,
or power, of attorney granted by the principal. An attorney at
law is an officer of a court of law authorized to represent the
person employing him (the client) in legal proceedings.
A Solicitor- One that solicits, especially one that seeks trade
or contributions. The chief law officer of a city, town, or government
department but does not act as an advocate in court, as opposed
to the Attorney who pleads in court. (English Law).
A Barrister(Called Advocate in Scotland) presents the case in
court. Most senior and distinguished barristers are designated
King's (Queen's) counsel.
A Counselor at law- In the past at least in some U.S states there
was a distinction between the term A Counselor at Law who argued
the case in court and an attorney who prepared the case but didn’t
argue it.
Nowadays an attorney at law is authorized to exercise all the
functions of a practicing lawyer. All of them must, however, like
the ordinary attorney, be admitted to the bar. The term attorney
is also used for county, state, and federal prosecuting officers,
as county attorney, district attorney, and attorney general.
Lawyers, also called attorneys, act as both advocates and advisors
in our society. As advocates, they represent one of the parties
in criminal and civil trials by presenting evidence and arguing
in court to support their client. As advisors, lawyers counsel
their clients concerning their legal rights and obligations and
suggest particular courses of action in business and personal matters.
Although all lawyers are licensed to represent parties in court,
some appear in court more frequently than others. Trial lawyers,
who specialize in trial work, must be able to think quickly and
speak with ease and authority. In addition, familiarity with courtroom
rules and strategy is particularly important in trial work. Still,
trial lawyers spend the majority of their time outside the courtroom,
conducting research, interviewing clients and witnesses, and handling
other details in preparation for trial.
Lawyers types:
The legal system affects nearly every aspect of our society, from
buying a home to crossing the street. Lawyers hold positions of
great responsibility and are obligated to adhere to a strict code
of ethics.
The more detailed aspects of a lawyer’s job depend upon
his or her field of specialization and position. Although all lawyers
are licensed to represent parties in court, some appear in court
more frequently than others.
Lawyers may specialize in a number of different areas, such as
bankruptcy, probate, international, or elder law. Those specializing
in environmental law, for example, may represent public-interest
groups, waste disposal companies, or construction firms in their
dealings with the U.S. Environmental Protection Agency (EPA) and
other Federal and State agencies. These lawyers help clients prepare
and file for licenses and applications for approval before certain
activities may occur. In addition, they represent clients’ interests
in administrative adjudications.
Some lawyers concentrate in the growing field of intellectual
property, helping to protect clients’ claims to copyrights,
artwork under contract, product designs, and computer programs.
Still other lawyers advise insurance companies about the legality
of insurance transactions, writing insurance policies to conform
with the law and to protect companies from unwarranted claims.
Most lawyers are found in private practice, where they concentrate
on criminal or civil law. In criminal law, lawyers represent individuals
who have been charged with crimes and argue their cases in courts
of law. Attorneys dealing with civil law assist clients with litigation,
wills, trusts, contracts, mortgages, titles, and leases. Other
lawyers handle only public-interest cases—civil or criminal—which
may have an impact extending well beyond the individual client.
These issues might involve patents, government regulations, and
contracts with other companies, property interests, or collective-bargaining
agreements with unions.
Other lawyers work for legal-aid societies—private, nonprofit
organizations established to serve disadvantaged people. These
lawyers generally handle civil, rather than criminal, cases. A
relatively small number of trained attorneys work in law schools.
The real life situations have created “specialties” according
to business profitability. This is how terms like Vioxx Lawyer,
DUI Lawyer, Lemon Law Lawyer , Structured Settlements Lawyer and
others came about.
Additional Information:
www.Lawyers-Best-Infoweb.com |
