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What is the difference between an attorney, lawyer, solicitor and barrister?
Question
#43871. Asked by bondokito. (Jan 30 04 6:46 PM)
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satguru
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This is a national difference. A lawyer is not only all of these, but (as far as I know) anyone who has studied law. An attorney is an American lawyer, and barristers and solicitors are from the split profession in England where solicitors see the public directly and the barristers represent them in court, though the roles are gradually becoming more shared. Attorneys do both functions.
Other countries usually have one or the other system as well.
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Hamlet.
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In the States lawyers, solicitors (rarely used), and attornies are the same thing...another used word is counsel.
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satguru
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Shows how historic words carry on even when the meaning's changed. Counsel is a collective and descriptive term for barristers, as it's what they do for both solicitors and clients in court. Solicitors and counsel in the States are relics of their original separation, probably imported from colonial times.
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IndieQueen
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Municipal authorities in the States still use the word solicitor instead of attorney or lawyer. I guess it sounds more official to have a solicitor.
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kris97
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The solicitor is the first point of contact with the law for a client in the UK. The solicitor listens carefully to the client, making sure their needs are clearly understood and then explains the legal position and tenders advice. By contrast, barristers will only see the the client in the company of a briefing solicitor. The barrister is the specialist with particular skills in advocacy, a consultant who will examine the case and decide what line to take in court. The barrister will be reliant on the detailed brief prepared by the client's solicitor. Barristers are self-employed in the independent Bar. Solicitors are normally salaried and may be offered a share in the profits of the practice if they are succesfull.
The USA broke with the tradition of distinguishing between solicitors and barristers. A practicing lawyer in the USA is an attorney. In the USA, an attorney performs either the functions of a solicitor or a barrister or both functions. The term 'lawyer' and 'attorney' may be used interchangeably.
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