Advocate, Barrister, Solicitors: Difference between them

Justice is an integral part of any Democracy. Such Justice been done in the Halls of Courts which are termed as temples of modern Democracy. To uphold justice, these modern temples rely on advocacy of a person who is well good at law of the land. As law is not an universal rule, it vary from place to place. Where one part of the state may rule an act wrong while other may uphold it right. Especially, when it comes to Federation of small States. Such difference is crystal clear. Example, United states of America, Republic of India were the each individual states may follow own law while federal law is applicable to whole of the state.

To uphold justice, a person who knows law must do advocacy. Such person is called in many different names depending of the place in which such person conduct his profession on law. While it is called as 'an Advocate' when it comes to South Asia, it is called as 'Attorney' when it is done in United State of America. But such wordly distinction is not able to demarcate clear difference between all those who practice law. All those who practice law is good to do advocacy in their respective country.

Lawyer:

It is a generic term used to denote whoever does legal service. To our interest, it would include wide range of person who work under the judiciary. All person who directly or indirectly help in upholding law of the land is a lawyer. To be simple, it would be difficult to draw a clear line. Yet an example might make it clear.

In United Kingdom of Great Britain and Northern Ireland, Lawyer would include clerks, judges and any other people who work under judiciary department. The term is so generic that it includes anybody irrespective of type of work done.

Lawyer is any person who is under Legal Service.

Solicitors:

In South Asia, person who is qualified to be an advocate could take up matter before any court of law. But in United Kingdom, the advocate profession has two branches. 

#1. Solicitors
#2. Barristers

Solicitors and Barristers, both are qualified to practice law. But Barristers have additional qualifications which is stated at the later stage of this post. Solicitors is the entry level. Whoever obtains qualification to practice law can be a solicitors. Most part of the solicitors work is to advise clients and represent them in lower criminal and civil courts.

Dress Code of Solicitors is the traditional 'Robe'.

Barristers:

Here comes the interesting part, Barristers. So who are the Barristers? How are they different from the Solicitors? What make Barristers stand separated from Solicitors? The Answers to those questions are simple. Though the wording of these classification is complex, it is simple to understand.

Foregoing section would have made clear about the solicitors. Barristers are made of 'Legal Qualification + Additional Qualification'. These are the professionals who are qualified to appear before Court of Appeal, High Court and House of Lords. The Hold monopoly to appear on behalf of their clients before the above mentioned courts. Solicitors are disabled from doing so. 

To become a Barrister, one has to come across 3 stages.

#1. One must complete LL.B program or under-graduate in other subject followed by conversion course.

#2. Vocation stage: Bar Professional Training course (BPTC) must be done. It is of choice. Either one may pick 1 year full time course or 2 year part time course.

#3. Pupilage: Completing the above mentioned steps, one must undergo 1 year pupilage in barrister chamber or any organisation approved by Bar Standard Board as PTO (Pupilage Training Organisation)

Barrister dress code is a Robe and Horsehair Wig.

Relation between Solicitor and Barrister:

It may appear that solicitor and barristers are different path in legal profession. But to put it right, one who is solicitor could take up Barrister by fulfilling the requirements of Bar Standard Board to become a Barrister. Solicitors and Barristers are interlinked with each other. They are inseparable when it comes to solving clients problem. 

Barristers' clients are solicitors who handle case on behalf of the clients in the lower courts. In other words, solicitors take of client needs in lower criminal and civil courts. But when it comes to appeals, Solicitors, on behalf of their clients, instruct Barristers to move appeal on the verdict of lower courts. So solicitors act as link between their clients and Barristers. 

Solicitors need to possess client management skills. Most part of time is spent with clients. So Solicitors must be able to understand the client need and must be confidence about all the facts and circumstances of the case. So then the Solicitors could provide confident instructions to the barristers. This make the part of the solicitors important. Any misunderstanding or misinformation will prejudice the client. 

Attorney:

It is equivalent of the Advocate in South-Asia. Attorney is a legal practitioner but in United States of America (USA). An Attorney is disabled to represent behalf of his client when it comes to handling administrative matters. It was to preserve the informal nature of such proceedings. You could see 'paralegal' in USA. 

1. 'A Paralegal is a person qualified through education and training to perform substantive legal work that requires knowledge of the law and procedures and who is not a qualified solicitor or barrister.' - Wikipedia.

Hope it would make clear about the distinction between Attorney and Paralegal. Paralegal is a person who act under an Attorney. Where Attorney is responsible for the acts of paralegal as they are deemed to be under the control of that Attorney or law firm.

Advocate:

Most popular term in South-Asia, India, Pakistan, Bangladesh. Advocate is person who is entitled to represent his client before any court of law. There is no hard line which distinguish a senior advocate and an advocate. Any body could make presentation before the court of law.Yet, you will find some differences when it comes to Supreme Court or High Courts in each state. Still Advocate is a common term used to denote person who is qualified to practice law.

To the best of my knowledge, these are the visible differences between legal practitioners. Any views or further clarifications are welcomed.