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What's The Difference Between: A Lawyer, Solicitor, Advocate, Barrister, Counselor, And An Attorney?
from: Amit LauferHave 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.
About the author:
Amit Laufer Is a Writer and Internet Marketer. MBA & Bsc.
Computers and Information Systems. Hobby: Photography. Married
with two Children. Owner Editor of:
http://www.Lawyers-Best-Infoweb.com
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