What’s the Difference Between: A Lawyer, Solicitor, Advocate, Barrister, Counselor, and an Attorney?

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.

What Type Of Work Do Lawyers Perform?

Lawyers are people trained in aspects of law who may represent clients in court; often referred to as an attorney or an advocate, they can fulfill a number of roles depending on the circumstances. As advocates, lawyers can represent one of the parties in criminal and civil trials by presenting evidence and arguing in court to support their client; this arena where law is practiced is not one that suits everyone and many never step foot into a courtroom. When acting as a legal adviser, their responsibility is to provide legal guidance; this can just be to provide clarification surround a legal matter.

One who primarily practices law in a courtroom is a trial lawyer; this does not appeal to everyone because it requires fast thinking plus a confident manner, and those who prefer to carry out his work are paid very well.Much of a trial lawyer’s work is actually performed outside the courtroom environment; much of the work involved is looking into the case with interviews, statements and evidence plus legal procedures to check and follow.

The legal system affects nearly every aspect of our society; this is why lawyers are held in high regard but they must live up to this by living and working by a strict code of ethics. The more detailed aspects of their position depend upon his or her field of expertise; but all are licensed to represent parties in court when necessary.

For almost every area of society there is a specialist branch of the legal system; for example: Constitutional Law, Criminal Law, International law, Adoption, and Identification Theft.

This specialization means that some legal representatives may never have to practice their skills in court!

Those who decide to become experts in environmental law may represent any side relating to the disputed issue; some are construction Firms, state agencies and oil companies.

Often this work will be mundane as it involves planning applications and licenses for example; however, they also protect companies where claims for damages are being sought.

A growth area for attorneys in recent years is that of intellectual property rights; an area that has increased owing to the use of digital products; music and video for example. Lawyers who have decided to become experts in Insurance Law are often used by insurance companies in a permanent capacity; their purpose is to protect the company’s interests against fraudulent claims and advise on the legal terms and conditions used in policies.

The vast majority of attorneys work within the private sector where they can devote their energies to either criminal or civil law; criminal lawyers represent people charged with crimes whether for defense or prosecution; whereas civil law deals with civil disputes, usually between two parties.

Close to the top of the ladder are those legal specialists that manage what are known as high profile ‘public interest’ cases; these can include law suits and legal representation that affects the general public for instance. Lawyers who are endowed with a little more social conscience are the ones who work for charities and legal aid schemes; these attempt to serve disadvantaged people wherever they are from often oppressive governments and companies.

On the Concept of Lawyer’s Club

Finding a good lawyer can actually be a daunting task for some. I have seen many lawsuits going haywire simply because of a lack of effective communication between the client and his advocate. With due respect to the noble profession, most of the professional practitioners are busy like hell, and they don’t have time even to pay attention to what the client might be actually talking about. Most lawyers are playing a dual role that of a solicitor and of an advocate at the same time. Doing justice to every client’s grievances and specific demands for redressal becomes often impossible for the law practitioner who would rather want to recast the main issue in a pre-conceived framework that may or may not suit the actual case. Such a prejudice might often spoil the merit of the case. With our assignment help you will pass all exams

There already is a clear division between the lawyers who practise civil procedures, and those who appear in the trials of the criminals, suspects and convicts. It’s no surprise that in the lower courts, lawyers dealing in the criminal lawsuits actually begin to think in the criminals’ paradigm. As most of them do not have any professional expertise in the crime psychology and the related disciplines, for the sake of their own profession, often want to get themselves in the shoes of the http://essaykitchen.com/term-paper/ criminal or the suspect in order to get down to the stark reality, or even to find the proper alibi when defending. Within a framework where the judiciary process is slow to say the least, there is every possibility that another suit of a different motif and of different merit would intervene while the advocate himself was busy becoming the victim or the perpetrator of crime in the former case already at hand. In such a situation, our learned friend would normally try either of the two things: either he might want to slow down the second suit a little so that he has enough time to get out of the first one, or he would judge the second in the perspective of the first. Eventually, both are on the wrong side. Nonetheless, if one pursues a survey in the pattern how time is elapsed towards the beginning of the suits, he would find enough data to support the above view, more so in countries like India where the judiciary is slow enough. In no country in the world, the crime rate would ever match the rate of disposal of the suits by the judiciary, not even in the USA. Lawyers do have a busy life.

Here comes the concept of a free-floating agent like the lawyers’ club. Personally, I have been a member of one such online club for a couple of years now, and I must say that the concept of http://essaybasics.com works to some extent, though how much practicable the concept is in view of the actual persuasion of the suits, is still a matter of debate. The basic concept is of having an open forum of advocates from various fields of specialisation; say an open market of opinions, instead of a close door small chamber of the advocate or a law firm, where a limited number of opinions are available at any given point of time. The client, whether the plaintiff or not, may present his case openly before the panel, concealing the real identity if necessary for the sake of privacy to be maintained, and the agora of the learned professionals are free to write back their opinions, suggestions, recommendations etc. If the client finds one of the answers realistic or even closer to his hearts, he might then continue the discussion with the advocate or attorney at a personal level. This conversation then might lead to an actual presentation before some court of law with appropriate jurisdiction.

Why You Need a Divorce Lawyer

I recently overheard someone in a bookstore telling a group of people why they should not have their own attorneys, how they could not trust lawyers, how lawyers would cheat them and how they should rely upon the company the speaker belonged to instead. That conversation got me thinking about why people facing separation and divorce need not just any lawyer, but a good divorce lawyer.

Reason #1-What You need to know

You need to know your rights, duties and responsibilities under the law. Only a lawyer who has been retained to represent your interests can advise you. How can you realistically discuss financial arrangements in separating and divorcing, if you don’t know what your rights, duties and responsibilities are? Not knowing what your rights are can result in not getting your fair share of assets, your fair share of support or your fair share of time with your children. Not knowing what your duties and responsibilities are can result in your paying more than your fair share of assets or your fair share of support. Most attorneys offer a special reduced rate for consulting services to encourage people to get advice early and often. There is no reason to rely on backyard fence advice, when you can get real advice from a qualified experienced divorce lawyer for a reasonable fee. Furthermore, in my experience, the backyard fence advice is usually wrong. Remember that if what you hear is half true, it is still wrong.

Reason #2-Backyard Advice

My friend is divorced. Why can’t I rely on my friend’s experience and knowledge. Well, you could do that but what you need to realize is that unless your friend is a licensed attorney, he/she is not authorized to practice law. Your friend’s knowledge will be limited to his/her particular experience. His/her experience with the law is limited to the facts of his/her case and the law as it was at the time. Things change. The law changes. Any change in the facts will change the outcome or advice. Furthermore, changes in the law will change the advice. Your friend simply lacks the knowledge and experience to give sound practical legal advice.

Reason #3-Identifying Issues

The sooner you get a lawyer, the sooner you will learn what you need to know to protect yourself (and your children and property interests). Sometimes people have no idea how to go about identifying the issues they need to discuss, even if the separation is an amicable one and the parties anticipate a “friendly divorce.” A good, experienced divorce lawyer can assist you in identifying the issues you need to discuss with your spouse to achieve a comprehensive agreement and global settlement. Over the years there have been numerous times when we were able to point out to clients areas they had initially overlooked and issues which should be included in their settlement discussions, such as life insurance, health insurance, and children’s educational needs.

Reason #4-To Share or Not to Share?

My spouse already has an attorney. Do I really need to get one too? Can’t the same lawyer represent us both? The answer is no, not really. 30 years ago when I first began practicing law, it was strictly forbidden for a lawyer to represent both sides to a divorce, no matter how “friendly” it was. There are some limited circumstances in which dual representation might be allowed, provided there is full disclosure of potential conflicts of interest and a waiver of conflicts with informed consent by both parties. These situations are limited and in the event that unhappy differences or disputes should arise, the attorney must end the representation and both parties must seek new counsel. Frankly, we rarely if ever agree to dual representation. We represent our clients zealously within the bounds of the law and the conflicts in representing opposing sides are too apparent for us to agree to do so. Not only that, but if your spouse has a lawyer, that means that he/she has already sought legal advice and has some rudimentary knowledge of his/her rights, duties and responsibilities under the law.

Someone once said knowledge is power. Would you rather be the one with the knowledge (and the power) or the one without knowledge? How trusting can you be of your spouse or his/her attorney in the circumstances? Remember that your spouse’s attorney already represents your spouse. In our experience, spouses, especially those who tend to be controlling will think nothing of misrepresenting the law to gain advantage in the negotiation. Recently a client told me that her husband who remains in the marital home told her that she was now his “landlord” and therefore she could not re-enter the home without his consent and presence and that his lawyer said so. Needless to say, everything he told her was wrong. Her husband also told our client that they did not need to use lawyers and could reach an agreement on their own without lawyers. He also said that if she insisted on having her attorney review paperwork before she signed it that he would find something to disagree with on each draft to drive up her costs. Clearly he was trying to manipulate, intimidate and control his wife, who was wise to seek her own independent counsel from a knowledgeable, experienced divorce attorney.

Reason #5-Do You Feel Lucky?

Going to a court hearing in a pending divorce without a lawyer is like playing Russian Roulette. How lucky do you think you are? Would you perform surgery on yourself or would you seek out a qualified surgeon? Why do you think that you know enough to represent yourself in court? Do you know what your rights, duties and responsibilities are? The judge won’t help you out if you don’t know what you are doing. There are rules of evidence and rules of procedure that govern hearings. You need someone on your team that knows the rules of the game. You will need someone to prepare you for your testimony in court so that you don’t put your feet in your mouth up to your hip bone. You will be bound by the things that come out of your mouth in court. Recently we spoke to a man who incurred spousal and child support obligations of $4000 per month. The court issued an order based on erroneous exhibits filed by his wife’s attorney and based upon things he said in open court as to his income which were not accurate. A skilled trial attorney can get you to say things that you don’t mean to say, especially if you have not been prepared for your testimony.

Reason #6-Too Little, Too Late

Going to see a lawyer after you have already signed papers or participated in depositions or hearings pro se (representing yourself) is like closing the barn door, after the cow got out. Just because you were not represented does not mean that you can get out of a bad decision or bad deal you may have made or get out of rulings the court made when you were unrepresented. The time to get advice is before you sign. The time to get advice is before you go to court. In fact, you should get advice as soon as you receive legal notice of a pending lawsuit against you.

If you are reading this and you have already signed papers, you should still consult with a good experienced divorce attorney to have the papers explained to you and to review t he papers to see if there are any loopholes that may be used to renegotiate terms move favorably to you or to insist upon “clarification” of the agreement. The attorney can also explain the consequences of having signed the paperwork.

If you are reading this and you are in the midst of a divorce action and have been to depositions on your own, you should seek an immediate consultation with a good experienced divorce attorney to see if there is any legal basis to suppress the depositions. Be sure to take all of your documents with you to the consultation. We have seen situations where it was possible to reopen a case for a client because the depositions were taken too early. In such situations, the depositions were quashed by filing the appropriate papers under the rules of court. In your case it may be too late to do anything, but you should at least talk to a divorce attorney right away to be sure.

Reason #7-Isn’t a Lawyer a Lawyer? (A Rose by Any Other Name…)

I know a lawyer who did the closing on our house. Can’t I go to him/her for advice about separation and divorce? Yes, you could but there is a saying that if the blind lead the blind, they both fall in a ditch. Would you go to a podiatrist (foot doctor) if you had an eye infection? You could; after all, the podiatrist went to medical school and learned about the body, including the eyes. The questions are how much, if anything does he/she remember, is he/she current on the medical literature pertaining to the eye and infection, including the diagnosis and treatment of the eye? I have seen horrendous separation agreements prepared by lawyers who do not devote at least a significant portion of their practice to family law but were trying to accommodate a friend or relation in their time of need. Actually a lawyer should decline a case, if he/she does not believe that he/she has the knowledge and experience to handle it or that he/she is not willing to acquire the knowledge necessary to handle it.

Legal Bodies For Glasgow Lawyers

Glasgow lawyers have to undergo the requisite training that is required for all lawyers in Scotland. Scotland’s legal profession is usually divided in to two sections that comprise of solicitors and advocates. Glasgow lawyers are usually specialists who have mastered advocacy as well as the aspect of offering advice to clients in the litigation process.

Glasgow lawyers have to follow the stipulated regulations and code of conduct by the Law Society of Scotland which serves as the governing body for Scottish solicitors. This governing body works towards promoting the welfare of solicitors as well as those of the public in ensuring that all clients are accorded impartial legal representation in courts without being charged exorbitant rates or being subjected to undue pressures from the solicitors. The society is also charged with coming up with policies as well as education and training programs that assist the lawyers to grow in their professions. The Society also promotes equality and diversity through a framework that offers practical guide to law firms on how to improve their practice as well as broaden their legal skills.

The advocates usually work under the watchful eye of the Faculty of Advocates. Glasgow lawyers are required to have undertaken the requisite academic study coupled with practical legal training. The Faculty of advocates comprises of independent lawyers who have already been admitted to the bar to practice as advocates in Scotland. The Faculty was established way back in 1532 immediately after the establishment of the College of Justice, under the Scottish Parliament. Among other responsibilities by the faculty is to hold seminars and conferences for advocates to offer topics on the emerging trends in the legal profession. A huge percentage of Glasgow lawyers comprises of women who make up a whooping 25% in the entire Scotland’s legal profession. The Faculty now has a total of 460 advocates and about a fifth of them from the Queen’s Counsel.

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