Dec 30, 2005 15:44
18 yrs ago
34 viewers *
English term
solicitor/barrister US equivalents
English
Law/Patents
Law (general)
I'm editing an article by a French person, who in explaining the work of lawyers states that the term "solicitor" is equivalent to "attorney in fact" and "barrister" "attorney at law". I am sceptical - from my research an "attorney in fact" appears to be anyone who has "power of attorney" - but I am also British so unfamiliar with these terms. Can anyone put me right please? What, if any, are the US equivalents to "solicitor" (ie who works out of court) and "barrister" (who argues cases in court)? Or can an American lawyer do both?
Thank you - and happy new year!
Thank you - and happy new year!
Responses
Responses
+14
37 mins
Selected
attorney/ attorney at law/ lawyer ( all synonymous)
U.S. usage: both solicitors and barristers are in U.S. English called attorneys( with attorney at law occassionally seen, synonymously) or lawyers. Attorney in fact is not at all the same: simply someone acting with power of attorney, i.e. right to act in place of person. No distinction for solicitor vs. barrister as all may practice in court or out of court. Subspecialty identification of trial attorney, or litigator,etc. is descriptive but not in the distinctive appellation way of the UK system.
4 KudoZ points awarded for this answer.
Comment: "Thank you Michael, for a clear, concise reponse. For information, and as Charles rightly recommended, the paragraph has undergone some serious reformulation (by myself and the client together) since I posted the question!"
+5
4 mins
Marina Soldati
Argentina
Argentina
Works in field
Argentina
Technical, automotive, computers & IT
Native in: Spanish 
Works in: English to Spanish, Spanish
see explanation (hope it helps)
solicitor
n. an English attorney who may perform all legal services except appear in court. Under the British system, the litigator or trial attorney takes special training in trial work and is called a "barrister." Occasionally a solicitor becomes a barrister, which is called "taking the silk." In the United States and Canada attorneys are referred to interchangeably as solicitors or barristers.
See also: attorney
n. an English attorney who may perform all legal services except appear in court. Under the British system, the litigator or trial attorney takes special training in trial work and is called a "barrister." Occasionally a solicitor becomes a barrister, which is called "taking the silk." In the United States and Canada attorneys are referred to interchangeably as solicitors or barristers.
See also: attorney
Peer comment(s):
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Dave Calderhead
: Sounds a legal answer to me (;-{)> Happy New Year
33 mins
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Happy New Year to you too!
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Robert Kleemaier
1 hr
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Thanks Robert
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KatayoPakatc (X)
2 days 25 mins
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Thanks!
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Tsogt Gombosuren
3 days 15 hrs
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Thanks!
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Will Matter
4 days
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Thanks a lot!
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+1
1 day 5 hrs
the author of the text is wrong
If he is trying to explain thee difference between solicitor" and "barrister" he has got it all wrong.
('lawer' and 'attorney' are not the same, they do not have same meaning, though can often be used interchangably - but that isn't the issue here.)
My suggestion is that, since this is editing as you state, and not translating, is that you refer the writer to the issue, and suggest that he re-write it. (amd you are also correct about what you said regarding attorney-in-fact, but that too is a different issue.)
('lawer' and 'attorney' are not the same, they do not have same meaning, though can often be used interchangably - but that isn't the issue here.)
My suggestion is that, since this is editing as you state, and not translating, is that you refer the writer to the issue, and suggest that he re-write it. (amd you are also correct about what you said regarding attorney-in-fact, but that too is a different issue.)
Peer comment(s):
| agree |
KatayoPakatc (X)
19 hrs
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+1
2 days 1 hr
I hope the explanation helps you
barrister is a counsel admitted to plead at the bar and undertake the public trial of causes in a superior court and advises clients represents them in the lower courts and prepares cases for barristers to try in higher courts. (webster)
1040 days
Barrister
I am a practicing barrister in the U.K. and thought I would offer my advise. You have the essentials right, however, a Barrister traditionally was the only member of the legal profession in the U.K. who could appear before a judge in court. More recently solicitors have been given rights of audience in the lower courts. However, this is not generally the most popular way of conducting a case as a barrister has specialised legal knowledge than a solicitor. More so a solicitors involvement is as an attorney thereby they can act on behalf of the client and instruct the barrister to represent their client in court. Additionally the solicitor is charged with the conduct of a case from start to end.
One more issue to address a solicitor is not said to have taken silk when transferring to the Bar. Taking silk is the term used to describe a barrister who has been appointed to Queens Counsel the highest achievement at the Bar. Hope this helps
One more issue to address a solicitor is not said to have taken silk when transferring to the Bar. Taking silk is the term used to describe a barrister who has been appointed to Queens Counsel the highest achievement at the Bar. Hope this helps
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