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Diamond
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The words :ADVOCATE-LAWYER-ATTORNEY, is there a slight difference or are they all the same?
 
Posts: 6475 | Location: u.s.a, south Florida | Registered: 06-03-02Reply With QuoteEdit or Delete MessageReport This Post
Diamond
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An interesting question. Here we get asked the difference between a lawyer, a solicitor and a barrister.

As a matter of simple definition 'lawyer' could include someone who has a degree in law, or who is an academic lawyer, I suppose, as well as being an inclusive term for the attorney and the advocate.

Do you have a requirement in any state of the USA that advocates in the higher courts must have some qualification above that of the ordinary professional lawyer who prepares cases? If not, as I believe, then presumably 'advocate' only means an attorney who chooses to practice advocacy in the courts as their specialty and serves only to distinguish them from the ones who spend all day in the office .

Here 'attorney', in history, meant a legal practitioner entitled to conduct litigation in lower courts as distinct from counsel. The word now only survives in the title attorney-general and for a person appointed under a power of attorney, the legal power to act in another's stead and with the full powers of that person.

The solicitor is the person in the office. Solicitors prepare cases and have no right to act as advocates in the highest courts except in certain procedural matters. Barristers ('counsel') are the people in the wigs ! They are also , at the same time, specialists in specific areas of law to whom solicitors refer difficult questions and cases for advice ('counsel's opinion'). The two have the same educational qualifications and basic training but the final stages and exams differ and they are governed by completely different professional bodies and rules.

'Lawyer' is the term for both professions. It is also, sometimes, a term of abuse by counsel of solicitors. 'A lawyer's or 'a solicitor's' point is one which has no merit but which is sufficiently beguiling to appear good to a solicitor. Smile
 
Posts: 9199 | Location: Newmarket, UK/ Antibes, S.France | Registered: 07-14-02Reply With QuoteEdit or Delete MessageReport This Post
Diamond
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I believe that, in the US, lawyer and attorney are synonymous. Advocate (derived from Latin advocatus, and seen in avvocato [It] and abogado [Sp]) survives in such titles as the military (Judge Advocate General), but has the more sweeping meaning as a champion for any cause, law degree or not.
 
Posts: 7734 | Location: On Vacation | Registered: 06-06-02Reply With QuoteEdit or Delete MessageReport This Post
Diamond
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They are synonyms, but this does not actually mean that they are identical.

As has been said, advocate is a more general term, meaning one that pleads a case for another. This can be in a legal setting or not and does not imply legal trainign if the situation is non-legal.

An attorney is legally appointed to conduct business on anothers behalf. Some senses of this do not require a legal degree (as in 'power of attorney' where someone grants someone else to make decisions such as medical ones for them when they cannot).

A lawyer is whose career is in the law. A lawyer acting only as an advisor would be neither an advocate nor an attorney, technically.

In general, however, a lawyer acts as both an attorney and an advocate.
 
Posts: 5894 | Location: Indiana | Registered: 06-13-02Reply With QuoteEdit or Delete MessageReport This Post
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