English Language & Usage Asked on December 11, 2020
This NOT duplicate Attorney vs Lawyer because here you have to distinguish a 3rd term, COUNSEL = COUNSELOR. How COUNSEL differs from Attorney and Lawyer?
Doesn’t lawyer, anyone who practices law, always "gives legal advice"? How can you be a lawyer but not counsel?
Doesn’t attorney, who transacts business for another, always "gives legal advice"? How can you be an attorney but not counsel?
attorney, counsel, counselor, lawyer. The distinctions have been explained as follows: Lawyer is a general term, designating one who practices law. Attorney refers to one who has been designated to transact business for another (that is, a lawyer who has a client). A counsel is one who gives legal advice. Counselor means the same thing as counsel; it is most commonly used in court as a term of address. See also counsel, counselor.
This book bases US law. Bahrych (PhD University of Washington in Medieval and Renaissance Studies, JD University of Washington), McLellan (JD Santa Clara University), Merino (JD Stanford). Legal Writing and Analysis in a Nutshell 5th edition (2017). 354.
The quoted paragraph confusingly tries to leave an impression of there being some distinctions where there are, in fact, none.
Somebody who actually practises law always does so for some client or other; if one doesn't work for a client but merely discusses the law theoretically, one does not practise it. The distinction between being a lawyer and being an attorney, that the text postulates, therefore does not amount to a real distinction.
In the course of working for a client, a lawyer/attorney is bound to give some legal advice. Giving legal advice is itself practice of the law. The distinction between lawyer/attorney and counsel/counselor, that the text postulates, therefore also does not amount to a real distinction.
All these terms are interchangeable, and the choice among them is a matter of style, except that counselor is generally not used outside the United States.
(It is true that there is such a thing as a power of attorney, that can be held by a lay person, but it would generally be misleading to say that the holder of such a power is an attorney.)
Correct answer by jsw29 on December 11, 2020
Doesn't attorney, who transacts business for another, always "gives legal advice"?
No. This is best exemplified in the phrase "Power of Attorney" in which A may act not only "for" B, but as if he were B. Note "act" - this does not simply mean "advise."
My example relates to those who may be incapacitated, as this is the commonest meaning, however, anyone can be appointed as someone's attorney, and it is often done in business.
Answered by Greybeard on December 11, 2020
Get help from others!
Recent Questions
Recent Answers
© 2024 TransWikia.com. All rights reserved. Sites we Love: PCI Database, UKBizDB, Menu Kuliner, Sharing RPP