P
PI Guy
- Original Poster
- #2
What is the difference between attorney, barrister, lawyer, and solicitor? How about advocate, counsel, counselor, or counselor-at-law?
Lawyer is a general term for a person who gives legal device and aid and who conducts suits in court. An attorney or, more correctly, an attorney-at-law, is a member of the legal profession who represents a client in court when pleading or defending a case. In the US, attorney applies to any lawyer. In the UK, those who practice law are divided into barristers, who represent clients in open court and may appear at the bar, and solicitors, who are permitted to conduct litigation in court but not to plead cases in open court. The barrister does not deal directly with clients but does so through a solicitor. The word attorney comes from French meaning 'one appointed or constituted' and the word's original meaning is of a person acting for another as an agent or deputy. A solicitor would be the UK equivalent of the US attorney-at-law. Counsel usually refers to a body of legal advisers but also pertains to a single legal adviser and is a synonym for advocate, barrister, counselor, and counselor-at-law. As to the abbreviation 'Esq.' for 'Esquire' used by some lawyers ... it has no precise significance in the United States except as sometimes applied to certain public officials, such as justices of the peace. For some reason, lawyers often add it to their surname in written address. However, it is a title that is specifically male with no female equivalent, so its use by lawyers should fade away.
Lawyer is a general term for a person who gives legal device and aid and who conducts suits in court. An attorney or, more correctly, an attorney-at-law, is a member of the legal profession who represents a client in court when pleading or defending a case. In the US, attorney applies to any lawyer. In the UK, those who practice law are divided into barristers, who represent clients in open court and may appear at the bar, and solicitors, who are permitted to conduct litigation in court but not to plead cases in open court. The barrister does not deal directly with clients but does so through a solicitor. The word attorney comes from French meaning 'one appointed or constituted' and the word's original meaning is of a person acting for another as an agent or deputy. A solicitor would be the UK equivalent of the US attorney-at-law. Counsel usually refers to a body of legal advisers but also pertains to a single legal adviser and is a synonym for advocate, barrister, counselor, and counselor-at-law. As to the abbreviation 'Esq.' for 'Esquire' used by some lawyers ... it has no precise significance in the United States except as sometimes applied to certain public officials, such as justices of the peace. For some reason, lawyers often add it to their surname in written address. However, it is a title that is specifically male with no female equivalent, so its use by lawyers should fade away.
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Yes, UK does have 'lawyers' and this is the 'umbrella' name for Barristers, Solicitors and Legal Executives. Someone who says they are a lawyer will belong to either of the three.
However, I have come across some people who are practising law to be calling themselves lawyers, such as former Welfare Rights Officers. I have some time ago sought The Law Society's view on this and they had "difficulty" expressing their view because that word is not incorporated in the Solicitors Act 1974, Courts and Legal Services Act 1990 etc
However, I have come across some people who are practising law to be calling themselves lawyers, such as former Welfare Rights Officers. I have some time ago sought The Law Society's view on this and they had "difficulty" expressing their view because that word is not incorporated in the Solicitors Act 1974, Courts and Legal Services Act 1990 etc
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Solicitors can represent clients in the Surpreme Courts (Magistrates, County) but those that wish to have 'rights of audience' in the High Court and above need additional training, unless they are qualified as Barristers also. Those with this right of audience are 'Solicitor-Advocate'
In the US a solicitor is a ... prostitute!
In the US a solicitor is a ... prostitute!
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V
VeryMark
- Original Poster
- #13
Broadly, an attorney is any person who has the legal right to act for another person in their name and stead - you can give a power of attorney to anybody who then becomes an attorney-in-fact.
Both patent and trade mark attorneys are legally qualified as members of their professional institutes and fall within the general definition of "lawyer" along with solicitors and barristers.
...... all of this stems from the fact that we have split legal professions in the UK, unlike the USA for example where everyone qualifies as an attorney and then specialises - here you have to decide first what you want to be.
Both patent and trade mark attorneys are legally qualified as members of their professional institutes and fall within the general definition of "lawyer" along with solicitors and barristers.
...... all of this stems from the fact that we have split legal professions in the UK, unlike the USA for example where everyone qualifies as an attorney and then specialises - here you have to decide first what you want to be.
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This is one I've always had an issue with.
Arguably, anyone that practices or studies law is a lawyer - that's the dictionary definition anyway - but anyone that claims to be a lawyer will give a certain impression to their audience/client that could mislead.
As mentioned by BWGLaw, statute doesn't define a "lawyer", but it does define "qualified lawyer", and from memory this is someone able to command an audience in a relevant court.
However, while only certain people can command an audience in the High Court, just about anyone can represent a client at an employment tribunal. Ergo, for the purposes of the Employment Rights Act (s 203(3(A))) which refers to a "qualified lawyer" as a person able to provide advice on a compromise agreement, could anyone claim to be a "qualified lawyer"? I've always had strong doubts, but a solicitor I consulted from one of the big international firms felt they could. If anyone does know for sure, I'd appreciate a firm opinion, as could always be handy.
But then as Dawg say, maybe they are all called labradoodles now. Some have certainly found themselves in shiny & curly dress/hair.
Karl Limpert
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