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Hi everyone,
I am new to this tribe. I am also from Québec (Canada) and halfway through a law degree and involved in legal translation. I just love the legal field and can’t wait to finish my degree. In this province we have the Canadian Criminal Code, Criminal Law and Jurisprudence (cases)and that we share (uneasily) with the rest of English Canada. And of course our own Civil Code that borrowed its armature from the Napoleonic Code but is not the Napoleonic Code as we have evolved our own legal system. It is, following the French tradition, highly codified law, and has left in its wake a relic, the institution of the notaire (or notary) a well-fed species officiating over the sale and archiving of real estate property. We also have lawyers (avocats), filling every other legal aspect including the courtroom pleading.
Now, I notice that in English you have lawyers as well as barristers, solicitors, litigators, attorneys, advocates and counsels. My question to you now is: how do you sort yourselves out?
I am new to this tribe. I am also from Québec (Canada) and halfway through a law degree and involved in legal translation. I just love the legal field and can’t wait to finish my degree. In this province we have the Canadian Criminal Code, Criminal Law and Jurisprudence (cases)and that we share (uneasily) with the rest of English Canada. And of course our own Civil Code that borrowed its armature from the Napoleonic Code but is not the Napoleonic Code as we have evolved our own legal system. It is, following the French tradition, highly codified law, and has left in its wake a relic, the institution of the notaire (or notary) a well-fed species officiating over the sale and archiving of real estate property. We also have lawyers (avocats), filling every other legal aspect including the courtroom pleading.
Now, I notice that in English you have lawyers as well as barristers, solicitors, litigators, attorneys, advocates and counsels. My question to you now is: how do you sort yourselves out?
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Montreal
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Unsu...
Re: Will the real Lawyer stand up?
Mon, March 20, 2006 - 6:30 PMWelcome to the tribe.
In my mind, there is no real difference between an attorney and a lawyer in the American system. Indeed, depending on my mood, I am either a patent attorney or a patent lawyer.
Barrister and Solicitor are typically British legal terms. However, some attorneys for the US government may be titled "solicitor", e.g., The Solicitor General.
I will let others comment on some of the other titles you mention to get the conversation going.
Welcome.
Dalm.
www.dalmdad.com
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Re: Will the real Lawyer stand up?
Wed, March 22, 2006 - 8:47 PM"Now, I notice that in English you have lawyers as well as barristers, solicitors, litigators, attorneys, advocates and counsels."
Do you mean the English language or England?
By the way, most of us know in what country Quebec is found. Je me souviens.
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Re: Will the real Lawyer stand up?
Thu, March 23, 2006 - 12:02 AMHello and welcome to the tribe -
In Switzerland we have "juristes" who have graduated from law school but didn't sit for the bar exam, and "avocats" (which we call attorneys or lawyers) who passed the bar exam and are allowed to represent clients in court proceedings. In certain regions (cantons), there are "avocats conseil", meaning that they lawyers admitted to the bar but who do not represent clients in court proceedings any more for personal reasons. -
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Re: Will the real Lawyer stand up?
Thu, March 23, 2006 - 3:49 PM"there are "avocats conseil", meaning that they lawyers admitted to the bar but who do not represent clients in court proceedings any more for personal reasons."
What do you mean by "personal reasons"? There are many lawyers/attorneys in the U.S. who do not participate in court proceedings. Not all lawyers go to court. -
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Re: Will the real Lawyer stand up?
Wed, March 29, 2006 - 1:13 PMOf course - but some of them choose to openly show this choice (e.g. lawyers of a certain age, lawyers who would like to attract certain clients only, etc.). -
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Re: Will the real Lawyer stand up?
Wed, March 29, 2006 - 1:29 PMThat's very interesting.
Sometimes I think a barrister/solicitor distinction might be useful in the U.S., because it isn't all like "Law & Order." -
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Re: Will the real Lawyer stand up?
Wed, March 29, 2006 - 8:48 PMCher Aileron,
You definitely sound French. However, English is a language and not a country. It encompasses all English speaking countries and their legal tradition including of course England. The surprise is that there are only two terms in French Canada and that there are so many in the English world. But then English is more polysemic. I have picked new words as legal advisor, counselor (or counsellor) pettifogger, shyster, district attorney, prosecutor; solicitor, jurist; lawgiver, lawmaker, legislator, solon. Pettifogger and shyster are pejorative and the local equivalent is probably “avocat véreux” and avocassin and avocaillon are bad lawyers.
As for knowing that Québec is part of Canada I am glad you remember. However some of us are simply trying to forget a certain réferendum that took us .005% away from secession from Canada and earned us a caption under “Égalité, Fraternité, Stupidité under The Dubious Achievement Award from a major American magazine.
Voilà
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Unsu...
Re: Will the real Lawyer stand up?
Sat, September 15, 2007 - 12:45 PMIn the USA, lawyer and attorney mean the same thing, though I think attorney sounds more dignified. People tell lawyer jokes, but not attorney jokes.
A litigator works on lawsuits, though that does not necessarily mean the attorney is a trial lawyer. Many litigators seldom see a court room, because fewer cases go to trial anymore. And many litigators are attorneys who play supporting roles for the lead trial attorneys.
"Litigator" can even be used as an insult to describe someone who holds themselves out as a trial lawyer but is afraid to take a case to trial or is not very good in trial.
