Lawyer and attorney are two terms often used in the legal field, but they are not synonymous. People frequently confuse these professions without realizing their fundamental differences and unique roles in the legal system. An attorney is a specialist with the right to defend clients’ interests in court, unique qualifications, and a license. While a lawyer can perform a wide range of legal tasks, including consulting and drafting documents, an attorney has additional powers related to representing clients in court proceedings. In this article, we will look at who an attorney is, what functions he performs, and highlight the main differences between attorneys and lawyers.
What does the status of an attorney mean?
Attorneys are individuals – citizens of Belarus who meet the following criteria:
- They have a higher legal education.
- They have a lawyer’s license.
- They are involved in legal advice.
- They are included in the Register of Lawyers and Legal Consultations maintained by the Ministry of Justice of Belarus.
Attorneys provide paid legal assistance to clients – legal entities, individuals, and the state.
Advocacy does not relate to entrepreneurial activity.
What kind of legal assistance do attorneys provide?
Attorneys provide legal assistance to clients who have contacted them. In criminal cases, an attorney is a defender, a representative of victims, civil plaintiffs, civil defendants, and others- a client representative.
The attorney may, in particular:
- Represent clients’ interests in government agencies, courts, other organizations and before individuals.
- With clients’ consent, translators, patent attorneys, and other specialists provide legal assistance.
- In the interests of clients, we request documents from organizations and government agencies that these bodies and organizations are required to issue.
- With the client’s consent, seek the opinions of specialists with special knowledge in various fields of activity to resolve issues arising in connection with providing legal assistance to the client.
- To file complaints and petitions in the interests of clients.
- Provide consultations and clarify legal issues.
- They draw up legal documents for clients.
- They conduct a legal examination of documents and activities.
- Ensure the legal security of economic and other activities.
- Within the limits of the powers granted to them by the client, they perform legal actions on behalf of and in the interests of clients.
What are the duties of an attorney
Among the responsibilities of an attorney:
- To comply with the Rules of professional ethics of a lawyer.
- Provide legal assistance at the request of law enforcement agencies through the Bar Association.
- Deduct contributions for the maintenance of the bar association.
- To observe attorney-client privilege.
- Do not purchase disputed property of clients.
When an attorney will not provide legal assistance
A lawyer will not provide legal assistance if he has previously been or is the lawyer of a person whose interests contradict the interests of the person who contacted him. It is prohibited to act as a lawyer to a person who worked in any procedural role in this case (expert, judge, investigator, etc.), as well as when the case was investigated or considered by a close relative of the lawyer.
Restrictions for attorneys
Attorneys can’t:
- Open your consulting, legal and real estate companies.
- To work for hire or independently for payment, except for work in the bar, pedagogical, creative and scientific activities, as a mediator, conciliator, activity of an arbitrator activity.
Formalizing the relationship between clients and an attorney
A contract for legal assistance is concluded between the client or his representative and the attorney. This is a written agreement, except in cases where the client requests oral advice.
The contract for the provision of legal assistance must specify:
- Types of legal assistance.
- The amount and procedure of payment of legal aid.
What does the status of a lawyer mean?
The status of a lawyer indicates the professional level of a specialist engaged in legal activities. A lawyer is a person with a law degree and knowledge in the field of law, which allows him to advise, represent the interests of the company in which he works for hire and deal with various legal issues. However, the status of a lawyer does not grant him the right to appear in court as a client’s representative unless he has received a special license and the status of a lawyer.
In addition, a lawyer can specialize in various fields such as civil, criminal, tax, administrative or international law. The status of a lawyer allows you to work in government agencies, private companies, and law firms, analyzing laws and preparing documents and legal opinions. It is important to note that to improve their status and obtain broader powers, many lawyers seek additional training and obtain licenses to become lawyers.
Where lawyers can work
Lawyers can work for hire in various public and private companies. As an independent activity, lawyers can provide legal services under the following conditions:
- The lawyer has Belarusian citizenship.
- The lawyer received a certificate of attestation of a person providing legal services from the Ministry of Justice.
What legal services can certified lawyers provide?
Lawyers certified by the Ministry of Justice can provide services for specific lists of paid legal services to companies, individual entrepreneurs and individuals.
What services does a certified lawyer provide to companies and individual entrepreneurs?
An accredited lawyer can provide services to legal entities and individual entrepreneurs:
Issues related to the creation, operation, and liquidation (termination of activity) of legal entities, as well as the beginning and termination of the activities of individual entrepreneurs, must be addressed.
In particular:
- Drafting complaints, statements of claims, claims, lawsuits, contracts and other legal documents.
- Oral and written consultations and opinions on legal issues.
- Legal assessment of the activities of companies and individual entrepreneurs.
- Legal work to ensure the activities of companies and individual entrepreneurs.
- To represent customers’ interests in negotiations, meetings, arbitration and arbitration courts.
- Conducting pre-trial debt collection from companies and individual entrepreneurs, as well as supporting the enforcement of enforcement documents.
- Conduct legal work to attract investments to Belarus.
- Record keeping in companies and individual entrepreneurs.
What services can a certified lawyer provide to individuals
An accredited lawyer can provide services to individuals on the creation of a legal entity and state registration as an individual entrepreneur, as well as:
- To draw up legal documents for them.
- Provide oral and written advice, clarify requirements, and conclude on legal issues.
- To explain the issues of attracting investments to Belarus.
Why does a lawyer need a lawyer’s certification certificate?
A lawyer’s attestation certificate is issued after passing the attestation exam and indicates a high level of knowledge of a lawyer.
Some companies indicate that such a certificate is among the requirements for candidates for a lawyer vacancy. Such candidates may be offered salaries above the market.
A license is required to provide legal services as an individual entrepreneur or company. Among the licensing requirements for the company is the availability of certification certificates for at least two employees—citizens of Belarus, for whom this work is the main full-time job.
Among the licensing requirements for a license applicant, an individual entrepreneur, is a lawyer’s certification certificate and Belarusian citizenship.
Companies that provide legal services can employ both lawyers with a lawyer’s license and a lawyer’s certification certificate and lawyers without the appropriate education without a lawyer’s license and a lawyer’s certification certificate.
What is the difference between an attorney and a lawyer?
Attorney and lawyer are two terms often used interchangeably. They refer to experts with a legal background. An attorney is a narrow speciality, and a lawyer is a broader category that covers many legal professionals.
There are essential differences between them:
Attorney:
- He has a special license to practice law and is a member of the Bar Association.
- Has the right to represent the client’s interests in courts and other government agencies.
- He can defend clients in criminal cases and represent their interests in civil and administrative cases.
- He is obliged to comply with a lawyer’s Rules of Professional Ethics and keep attorney-client privilege.
Lawyer:
This is a more general term that can refer to any specialist in the field of law, including lawyers, notaries, judges, legal advisers to companies and law teachers.
A lawyer does not necessarily have a license to practice law and does not have the right to represent clients in court if he is not a lawyer.
A lawyer can work in various fields, such as consulting, labour relations, corporate law, etc. He can also represent the interests of the company in which he is employed in the courts.
Contact us
If you have any questions or disputes regarding lawyers and attorneys in Belarus, we will be happy to help! Our long-term experience will help you resolve any disputes in this area.
- +37529366-44-77 (WhatsApp, Viber, Telegram);
- info@ambylegal.by.
