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Edition: January 2010
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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.
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