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  1. thedaffodils's Avatar
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    #1

    counselor vs. attorney /barrister

    My father was the presiding judge in a case involving a man charged with tax evasion. As the defendant stood before him alone, Dad asked if he had counsel. Looking toward the ceiling, the man replied, "Jesus Christ is my counselor and defender."

    My father nodded slowly while framing his next question, which was, "Do you have local counsel?"
    Hello!

    What is the difference between" counselor" and attorney / barrister? Thanks!


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    #2

    Re: counselor vs. attorney /barrister

    They are all lawyers, or those schooled in the law.

    A counselor is a "counsellor at law" or someone who dispenses "legal counsel", a lawyer. I don't know the origin of "counsellor at law" but I would think that it has something to do with what I just stated.

    A "barrister" is a term used in the UK (correct me if I'm wrong, please!). If my memory serves me right one needed to be extremely knowledgeable in the law in order to approach a magistrate/judge, who sat behind a bar that separated his bench from the court participants (e.g., defendants, jurors, spectators, etc.) It is also where the term "pass the bar" came from, meaning the barrister/attorney/lawyer/counselor was deemed learned enough to engage with the magistrate/judge. Today it means a law student who has passed an examination which would qualify him/her to practice law.

    An attorney is a lawyer.

    I'm sure others will contribute their findings.

    Just adding that I am not an educator.

  2. thedaffodils's Avatar
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    #3

    Re: counselor vs. attorney /barrister

    Hi Kate, thank you!


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    #4

    Re: counselor vs. attorney /barrister

    In the UK, a solicitor is a lawyer qualified to deal with conveyancing, draw up wills, advise clients and instruct barristers, and represent clients in lower courts; a barrister is a lawyer entitled to practise as an advocate, particularly in the higher courts; a counsel is a barrister or other legal adviser conducting a case; an attorney is a person appointed to act for another in legal matters.

  3. thedaffodils's Avatar
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    #5

    Re: counselor vs. attorney /barrister

    Good evening, Anglika. Your answer is informative. Thank you!


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    #6

    Re: counselor vs. attorney /barrister

    Quote Originally Posted by Anglika View Post
    In the UK, a solicitor is a lawyer qualified to deal with conveyancing, draw up wills, advise clients and instruct barristers, and represent clients in lower courts; a barrister is a lawyer entitled to practise as an advocate, particularly in the higher courts; a counsel is a barrister or other legal adviser conducting a case; an attorney is a person appointed to act for another in legal matters.
    Hi Anglika,

    In the UK, are these not all considered lawyers? Do their titles dictate what they are able to practice/able to function with regard to the law?

    In the US these terms are synonymous with "attorney".

    Thanks in advance.
    Last edited by Kate; 28-May-2008 at 01:03.


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    #7

    Re: counselor vs. attorney /barrister

    Quote Originally Posted by Kate View Post
    Hi Anglika,

    In the UK, are these not all considered lawyers? Do their titles dictate what they are able to practice/able to function with regard to the law?

    In the US these terms are synonymous with "attorney".

    Thanks in advance.
    Of course. Yes, the titles indicate [not dictate] what they are concerned with.

    They are all lawyers, but there are clear differentiations between those who can plead a case, particularly in the High Courts, and those who are dealing with day to day legal matters. A barrister will not do conveyancing of property or draw up a will, and a solicitor cannot plead a case in the higher courts - ie they cannot defend someone in a criminal case.


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    #8

    Unhappy Re: counselor vs. attorney /barrister

    Hi! First I would like to say that I am not a teacher. Regarding these legal terms, the term "counselor" is not used in England and Wales probably because it sounds like "councillor" (someone involved with a town council). "Counsel" usually means a barrister who is representing a defendant. In Scotland the legal system is different from that in England and Wales, and different titles are used, for example "Sherrif". "Attorney" is an American term for somebody like an English judge. The word "attorney" is often used in England when a relative is given power of attorney (control) over a sick (usually mentally ill) persons property. Regarding magistrates, these people are not legally qualified. Any adult without a criminal record and aged under 65 can apply to become a magistrate. Magistrates only work in the lowest grade of court and (in my opinion) just serve as a rubber stamp for the police . I know this because a small bulge in my tyre was described by a policewoman as "a bulge as big as half a golf-ball". I had taken the wheel to court to prove that the bulge was small but the policewoman lied. She said that when the tyre was on the car the weight made the bulge as big a half a golf-ball. The "bench" (that's three people including the magistrate) were not technical people and they assumed that weight on a tyre would increase the air pressure and make the bulge bigger. In actual fact tyre pressure is the same with the wheel on the ground as it is with the wheel in the air. Fined 100.

  4. thedaffodils's Avatar
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    #9

    Re: counselor vs. attorney /barrister

    Hi Davey,

    Welcome to the forum.

    I appreciate you tell me these legal terms applied in Britain. I feel sorry to learn unlucky experience about the tyre story. I hope you could put it behind soon.

    I am curious about Cornwall because I learned Daphne Du Maurier, who wrote novel Rebecca, spent most her time there. I like her writing about Rebecca very much. It is very feminine and mysterious. Sorry, I am off the beam. Have a good day there.

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